Wage and hour violations are common, and often neither the employer nor the employee is aware that they are taking place. Wage and hour violations include unpaid wages, violations of California minimum wage laws, non-compensation or denial of regular meal and rest breaks, illegal wage deductions and payroll errors, late wage payment, denial of reimbursement for work-related expenses, failure to provide wage statements, failure to pay wages upon termination, and misclassification.
Attorneys frequently submit claims for unpaid regular and overtime salaries on behalf of individuals and groups of individuals. Regular and overtime pay are governed by regulations at the local, state, and federal levels, but in general, California's municipal and state laws safeguard employee earnings more than federal rules. Workers have protections from state and municipal laws that require they be compensated at least the minimum wage for their time worked. In California, regular and overtime pay are governed by regulations at the local, state, and federal levels. In general, California's municipal and state laws safeguard employee earnings more than federal rules.
While uncommon, an employer may provide cumulative vacation pay to an employee yet fail to pay out any accrued but unused vacation pay after the individual leaves the company. While California does not force businesses to provide vacation or vacation pay, if an employer chooses to grant and enable employees to accrue vacation time, the employee is entitled to be paid out any unused vacation time when the employee leaves the company. Because vacation pay cases can be tricky, we usually recommend consulting an attorney to assist you in determining whether or not you have been paid your vacation money. This usually necessitates a study of the relevant wage statements, accrued hours, and other pertinent data.
Non-exempt employees in California may be entitled to obligatory overtime compensation if they work more than:
If non-exempt employees work more than eight hours in a single weekday, they are usually entitled to overtime pay. Non-exempt employees who work more than 10 hours in a single workday under an alternate workweek plan are normally entitled to overtime pay. Employees who work more than eight hours on a given workday are still entitled to overtime pay, even if they generally work eight or fewer hours each day on average. Also, persons who work less than eight hours each day on a regular basis are not eligible to overtime pay if they work the whole eight hours. They would be paid at their regular rate until they had worked for eight hours.
If non-exempt employees work more than 40 hours in a single workweek, they are usually eligible to overtime pay. It's also worth noting that a worker's daily overtime hours do not count toward his or her weekly overtime hours. This means that before getting overtime pay for working more than 40 hours in a workweek, an employee must work at least 40 hours at a regular hourly rate (straight time pay), even if the person is already receiving overtime pay for working more than eight hours on a workday. This law prevents employees from pyramiding, which is when they are given double credit for the hours they labor. Also keep in mind those who work fewer than forty hours per week are not eligible for overtime pay if they work the full forty hours. They'd receive pay at their regular rate until they'd worked for forty hours.
For the seventh consecutive day of work in a workweek, non-exempt employees are normally entitled to overtime pay. Employers, like workdays, get to choose when their workweek begins. Working seven days in a row does not automatically entitle employees to overtime if those seven days are spread across two different workweeks. Employers may assign various workweeks to different employees. Employers also cannot adjust workweeks in order to avoid paying employees overtime.
Contact KAASS Law for more questions about wages and employer violations anytime. If you are an employee and can show that your employer violated any of the above wage and hour laws, and that you suffered damages as a result of the violation, you may have a claim for wage and hour violation under the relevant Industrial Welfare Commission Wage Orders, the new Fair Wage Act of 2016, PAGA, and the relevant California Labor Code sections.
California is known for its strong laws that protect employee. When it comes to their rights, this is extremely important for workers, especially when they need to take rest and or meal breaks. Having compliance with these regulations is not just a legal obligation for employers. As a result, it is crucial for fostering a productive, healthy and legally sound work environment. Here at KAASS LAW, we are dedicated to providing an informative to all our readers and or clients so they may prosper efficiently at their work place. The following will shine a light on meal breaks and rest periods during your ideal work environment.
According to the Department of Industrial Relations and CA Labor Code 512, non-exempt employees in California must have a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day, according to wage and hour law. The meal break must be within the first five hours of the workday. Employees who work more than ten (10) hours a day have the right to a second 30-minute meal break.
In today's interconnected world, businesses rely heavily on their employees to deliver services, create products, and represent the company's brand. While most employment relationships are mutually beneficial, there are instances where an employee's actions can cause significant harm to others. When this harm stems from an employer's failure to properly vet, manage, or dismiss a problematic employee, it can give rise to a legal claim for negligent hiring, supervision, or retention. At KAASS LAW, we understand the complexities of these cases and dedicate in helping those who with injuries due to an employer's negligence in these critical areas.
Usually, injuries take place in a place of business, or the accident occurs due to the negligence of an employee in any other place. California law gives the injured person the right to sue and recover damages from the employer who is liable for the negligent hiring or supervision of the employee. California Civil Jury Instruction (CACI) 426 clearly explains the elements that must be proven for convicting the employer in negligent hiring and/or supervising the employee:
The American workforce is the backbone of our nation's economy. With countless individuals contributing their skills and labor across various industries. While workplaces strive to maintain safe environments, accidents and injuries can still occur, sometimes due to employer negligence. For workers engaged in interstate commerce, a unique set of legal protections exists under the Federal Employers Liability Act (FELA). FELA provides a crucial legal avenue for workers who got an injury on the job due to their employer's negligence. At KAASS LAW, we champion the rights of workers and dedicate to ensuring they receive the compensation. The following will explore the key aspects of FELA, its purpose, scope, and how it can help injured workers seek recovery.
Federal Employers Liability Act (FELA) is a U.S. federal law which has the aim to protect and compensate workers injured on the job, in case the worker is able to establish that it was at least partially negligent in causing him and injury.
According to CACI 2900, in case the plaintiff claims that while he was employed by the defendant, he was harmed by his negligence he must be able to prove all the following elements to establish the claim:
The Fair Employment and Housing Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. Under FEHA, an employer is prohibited from taking adverse action against his employee based on discrimination or retaliation. The Fair Employment and Housing Act also provides protection to employees from harassment, failing to take necessary steps to prevent harassment and discrimination, and failing to provide reasonable accommodations for pregnancy or mental or physical disability.
Workplace harassment and discrimination can be in different forms, including cases of:
California law recognizes the importance of providing equal opportunities for individuals with disabilities in the workplace. The Fair Employment and Housing Act (FEHA) mandates that employers provide reasonable accommodations to employees and job applicants with disabilities, enabling them to perform their job duties and participate fully in the workplace. At KAASS Law, we are dedicated to upholding the rights of individuals with disabilities and ensuring that employers fulfill their legal obligations. The following will explore the intricacies of reasonable accommodation under FEHA and how we can help if your rights have been violated.
The Fair Employment and House Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. According to the Fair Employment and Housing Act, employers who have five or more employees are required to provide reasonable accommodation in California for individuals with a mental or physical disability to perform essential functions of their jobs.
California has long been at the forefront of protecting the rights of LGBTQ+ individuals, and the workplace is no exception. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation and gender identity. This is guaranteeing that all employees have the right to a safe and inclusive work environment. At KAASS Law, we are dedicated to upholding these rights and fighting for justice when they are violated. The following will explore the issue of workplace discrimination and harassment based on sexual orientation and gender identity in California. As a result, we are attempting to explain your rights and how we can help.
The Fair Employment and Housing Act apply to employers with five or more employees. The exception is the cases of harassment, where there is no minimum employer size. The FEHA also applies to labor unions, employment agencies, state licensing boards, and state and local governments. Though, the FEHA doesn’t provide protection for federal employees. According to the California Fair Employment and Housing Act, (), it is illegal for an employer to fire, fail to hire, or discriminate in any way against a person on the basis of their sexual orientation. Sexual orientation can mean homosexuality, bisexuality, and heterosexuality. Furthermore, includes the perception that a person has some characteristics or in case a person actually has the characteristics of a type of sexual orientation.
Employment pregnancy discrimination occurs when an employee or job applicant receives less favorable treatment because due to her pregnancy or on the basis that she may someday become pregnant.
Examples of employment pregnancy discrimination include:
An employee or job applicant will have to prove the following elements to establish that the employer engaged in unlawful discrimination:
The California workplace is destine to be a safe and fair environment where employees can contribute their skills and talents without fear of reprisal. However, the unfortunate reality is that workplace retaliation remains a pervasive issue, affecting individuals across various industries and professions. Retaliation can take many forms, from subtle acts of intimidation to outright termination, and it can have devastating consequences for those who dare to speak out against wrongdoing or assert their legal rights.
At KAASS Law, we believe that everyone deserves a workplace free from fear and intimidation. We dedicated in empowering employees with knowledge about their rights. Additionally, we strive for fearless legal representation to those who are victims to unlawful retaliation from unjust employers. The following will explore the issues of workplace retaliation in California. Importantly, we attempting to navigate our clients by explaining their rights and how we can help if you are a victim in the workplace. First, we need to uncover what workplace retaliation really is and then take steps on resolving this issue.
Workplace retaliation occurs when an employer takes adverse action against an employee because the employee has engaged in a protected activity. California law prohibits retaliation against employees who. Workplace retaliation can include any of the following actions:
On July 1, 2018, California’s Fair Employment and Housing Commission regulations expand its protections against “national origin discrimination" under the FEHA. Fair Employment and Housing Act apply to public employers in California. National origin discrimination is serious, and we must actively enforce zero tolerance everywhere, at all times. California takes pride in its diversity, and the law reflects this commitment to inclusivity. The Fair Employment and Housing Act (FEHA) provides robust protections against workplace discrimination, including discrimination based on national origin. At KAASS Law, we champion the rights of employees and strive to create workplaces free from prejudice and bias. The following will explore national origin discrimination under FEHA and how we can help if your rights have been violated.
Enacted in September 18, 1959, FEHA was a big step on improving equality and fairness amongst all types of people in California. The Fair Employment and Housing Act (California Government Code Section 12900-12951 & 12927-12928 & 12955 - 12956.1 & 12960-12976) provides protection from harassment or discrimination in employment because of: age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics),, religion, sex, and sexual orientation. The Fair Employment and Housing Act (FEHA) also prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of a person's disability. The definition of disability used in California exceeds the Federal definition and can be found in the housing section of the Act.
Non-exempt employees who work three and a half (3 1/2) hours or more in a day are required by California labor law to take rest breaks. Employees are entitled to ten (10) minutes of relaxation for every four (4) hours, or a significant fraction worked in a day. These breaks should be during each 4-hour period as much as practicable.
Rest break must be ten minutes long and uninterrupted. During the break, an employee must release of all obligations, and the employer must provide "appropriate resting facilities" in a location apart from the restrooms. Rest breaks, unlike meal breaks, are compensated. Employers are not permitted to ask employees to remain on-site or on-call during rest periods.
Rest periods may choose to skip by employees. Employees cannot pressure or encourage to skip rest periods by their employers.
A meal break is an unpaid and uninterrupted period that an employee has to do what they wish during their 30 minutes provided break. Further, during the meal break the employer must:
Employers are cannot do from the following:
Employers must provide meal/lunch breaks but are not, upon requirement, to ensure that their employees take them.
An employee who works a shift of six hours or less may give up their right to a meal break. Meal break waivers do not need to be in writing, but both parties must agree to them. If the employee's shift is more than ten hours but not more than twelve, they can renounce their right to a second meal break as long as they take the first one—they cannot waive both breaks on the same day. Employees who work through a meal break do not have the right to depart early.
Yes, and yes, you should. If your employer refuses to give you a meal or rest breaks, you have the right to a penalty of one hour's earnings for each day you were denied any rest breaks, as well as a penalty of one hour's wages for each day you were denied any meal breaks (for a maximum penalty of up to 2 hours' wages per day). Due to a recent California Supreme Court decision, the filing date for meal and rest breaks violations is normally three years. Still, in some situations, a one-year filing deadline may apply.
At KAASS LAW, we are committed to protecting the rights of employees throughout California. If you are an employee who has been legally denying required rest or meal breaks, or if you are an employer seeking guidance on ensuring compliance with these complex laws, our experienced labor law attorneys can help. We provide:
Ensuring compliance with California's employee rest and meal break laws is not just about avoiding penalties; it's about fostering a fair and productive workplace. Whether you are an employer seeking to do right by your employees or an employee whose rights have been violated, KAASS LAW is here to provide the legal support you need. Contact us today for a consultation to discuss your specific situation. We also offer help if with employment contract violation.
The key element in a negligent hiring claim is foreseeability. Did the employer know, or should they have reasonably known, about the employee's unfitness? A thorough background check, careful review of credentials, and robust interview process are essential to mitigating the risk of negligent hiring.
According to California law, employee is any person subject to the direct control of an employer. Such people consist not only of salaried employees also of temporary workers, per diem overflow workers, independent contractors, agents, and third parties such as security guards.
For being liable for negligent hiring, supervision, or retention the employer should have known or been on notice that the employee was incompetent or unable to perform the work. According to California Civil Code Section 1714, every person is responsible for injuries caused by their want of ordinary care or skill in the management of their person or property. But this rule applies only in case the employee was acting within the scope of employment. So the employer is liable in case the employee was doing his job, carrying out company business, or otherwise acting on the employer's behalf when the accident happened.
An employer cannot be liable in case the employee committed intentionally wrongful acts. But if the employer knew or reasonably should have known about the employee's intention to engage in an illegal act, the employer can still be liable for negligent hiring or supervision.
Employers can’t be liable for the negligent or intentional actions of the employee which fall outside of the scope and course of the employment, because the consequences are unrelated to the employer.
Here are a few actions the employer can undertake to avoid claims of negligent hiring or retention
At KAASS LAW, we have extensive experience in handling cases involving negligent hiring, supervision, and retention. We understand the intricacies of these claims. As a result, we dedicate to fighting for the rights of those of sustain injuries due to an employer's negligence. If you or a loved one has suffered harm as a result of an employee's misconduct, contact us today. Our skilled legal team can investigate your case, gather evidence, and help you pursue the compensation you deserve. We commit to holding employers accountable for their negligent actions and ensuring justice for our clients. Additionally, we are familiar with representing clients in employment discrimination.
Don't face these challenges alone. Let KAASS LAW be your advocate.
To prove that a breached its duty the plaintiff must prove the circumstances which a reasonable person would foresee as creating a potential for harm and that this breach played any part, even the slightest, in producing the injury or harm to the plaintiff.
FELA's protection extends to a wide range of workers who are in interstate commerce. This includes employees who:
Workers must file a claim under FELA within a three-year period. In case the worker fails to initiate the claim before the mentioned deadline, there will be a case dismissal under federal law.
FELA allows injured workers to get full compensation for caused damages. This is one of the main differences between standard workers’ compensation claims and FELA claims. Workers are not at limit to seeking compensation for a part of lost wages and medical benefits. Workers with an injury have the right to compensate for their noneconomic losses, including pain and suffering. Federal Employers Liability Act covers injuries due to asbestos exposure, as well as cumulative trauma injuries and repetitive stress.
FELA cases can be complex and challenging, often involving intricate legal arguments and extensive evidence. At KAASS LAW, our attorneys have a deep understanding of FELA.
We can help you:
If you're a worker with an injured on the job and believe your employer's negligence, give us a call. We'll listen to your story, answer your questions, and explain your legal options under FELA. We dedicate in helping workers to get the justice and compensation they deserve.
Additionally, FELA cases have played an important role in establishing the precedent for many tort law issues. For instance, such as damages allocation and standards for employee safety and working conditions. Are you in need of additional information? Our employment law attorney at KAASS LAW would be happy to help. Get in touch with us now at (310) 943-1171 now!
In case there is proof that the employer failed to take the required steps to protect his employee from discrimination or harassment at the workplace, the employee may have been eligible to take legal action against his employer.
To bring a claim against the employer a plaintiff must establish the following elements:
Protected activity can include the following:
It is illegal for an employer to terminate his employee who threatened to file a charge of employment discrimination against him.
Adverse employment action according to the Fair Employment and Housing Act is an action that materially affects the conditions, terms, or privileges of employment.
An employee must file the discrimination claims within the Department of Fair Employment and Housing within 1 year from the date of the discrimination.
Filing a complaint with the DFEH is required before the employee can file a lawsuit pursuant to the Fair Employment and Housing Act. An online form to file a complaint against an employer can be found on the DFEH website.
When a plaintiff files a complaint with the Department of Fair Employment and Housing, he/she can either:
Thus, an employee is only eligible to file a lawsuit over the Fair Employment and Housing Act retaliation or discrimination after getting a "right to sue" notice from the Department of Fair Employment and Housing.
Are you in need of legal assistance from an attorney who specializes in employment law? Contact our Los Angeles employment law attorney at (310) 943-1171 for a free consultation. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
Reasonable accommodation in the workplace can include, but is not limited to:
An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.
California Government Code Section 12926 (u) defines an undue hardship as, "an action requiring significant difficulty or expense."
To determine whether an undue hardship exists the courts look at the following factors:
When the applicant or employee requests reasonable accommodations the employer is required to initiate an interactive process. Under California law, it is illegal for an employer to fail to involve in a timely and good-faith interactive process. The main aim of this process is to remove barriers that keep people with disabilities from performing jobs that they could perform with some form of accommodation.
To prove the claim of failure to accommodate a disability a plaintiff must establish the following:
For purposes of this claim, a person doesn’t have to establish that he/she suffered an adverse employment action as a consequence of his/her disability. According to the California FEHA, an employer’s failure to reasonably accommodate a person is a violation of the statute.
Damages depend on the level of the discrimination and the type of harm to the employee and can include monetary damages, equitable remedies, and punitive damages Money damages include:
If you believe your employer has failed to provide reasonable accommodation or has engaged in discriminatory practices related to your disability, it's crucial to seek legal counsel. At KAASS Law, we have extensive experience representing employees in disability discrimination and reasonable accommodation cases. We can help you:
If you believe you have been denied a reasonable accommodation by your employer we invite you to contact our Los Angeles disability discrimination attorneys at (310) 943-1171 for a free consultation.
You have the right to a workplace that supports your abilities and provides the necessary accommodations for you to thrive. If you're facing challenges related to reasonable accommodation, contact KAASS Law today for a free consultation. We're here to help you navigate the complexities of FEHA and ensure that your rights and its protection.
Sexual orientation discrimination occurs when an employer treats an employee or applicant unfairly because of their actual or perceived sexual orientation. This includes discrimination against individuals who are lesbian, gay, bisexual, heterosexual, or asexual.
Gender identity discrimination occurs when an employer treats an employee or applicant unfairly because of their gender identity, including transgender individuals, those who identify as non-binary, or those who do not conform to traditional gender norms.
Examples of sexual orientation discrimination in the workplace include the following:
A discriminated employee can file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH will either investigate the complaint or issue a "right-to-sue notice. In case the DFEH finds evidence of discrimination based on sexual orientation and is not able to reach a settlement between the employer and employee, the agency can “prosecute” the case by holding a formal hearing or filing a lawsuit on behalf of the employee. In case the agency decides not to prosecute the case, the employee will receive a “right to sue” notice from the Department of Fair Employment and Housing.
A person will have one year from the date of the sexual orientation discriminatory act to get a right-to-sue notice from the Department of Fair Employment and Housing.
In case a person wins a discrimination lawsuit he may be eligible to recover the income that was lost as a result of the discrimination. The person can particularly recover:
At KAASS Law, we commit to protecting the rights of LGBTQ+ employees and creating workplaces free from discrimination and harassment. If you have experienced discrimination or harassment based on your sexual orientation or gender identity, contact us today for a free consultation. We can help you understand your legal options, navigate the legal process, and fight for the justice you deserve
If you believe that your employer has discriminated against you on the basis of sexual orientation, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
The five main laws which provide leave rights to pregnant employees and new mothers:
Each of the above-mentioned laws has its own eligibility requirements, each of them provides leave under different circumstances and for different lengths of time,
In addition to requiring 4 months of pregnancy leave employers are also required to:
If you believe that your employer has discriminated against you on the basis of your pregnancy, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
In California, workplace retaliation is considered illegal when the employer punishes his employees for the following actions:
The employee, who engaged in protected activity and was demoted or terminated as a result can file a claim with DFEH under the Fair Employment and Housing Act("FEHA"). In order to preserve your right, the employee must file a claim with DFEH within 1 year from the time of the retaliation. The department will investigate the claim and if there is enough evidence, proceeds with the claim. If not, the claim will be closed. Then the employee will be able to file a lawsuit against his employer. By filing a lawsuit, an employee can recover compensation for:
An employee is also protected from workplace retaliation under federal law in case he files a harassment or discrimination complaint at work either internally or to an outside body like the Equal Employment Opportunity Commission. Federal law also protects an employee who cooperates in Equal Employment Opportunity Commission investigations or serves as witnesses in EEOC litigation or investigations.
According to California Labor Code Section 1102.5, an employee can sue his employer for retaliation in case:
It is important to mention, that the employee is not required to prove the employer’s action was illegal to establish the claim. To prove a retaliation claim in California, an employee must show the following:
Very often retaliation and whistleblowing claims are discussed interchangeably however, they are not identical. Whistleblowing typically involves complaints or claims which focus on activities prohibited by law and activities that compromise public safety. A retaliation claim is more connected with individual employee rights, such as the right to speak up against harassment, the right to be paid overtime, etc.
Under California law there are the following types of retaliation claims:
At KAASS Law, we are dedicated to protecting employees from unlawful retaliation and ensuring that they can exercise their rights without fear of reprisal. If you have experienced retaliation in the workplace, contact us today for a free consultation. We can help you understand your legal options and fight for the justice you deserve. There are laws that protect you from you employment discrimination. If you believe that you are a victim of employment retaliation, from your employer, we invite you to contact our Los Angeles employment law attorney California Employee Relation Attorney today at (310) 943-1171.
The regulations clarify the definition of "national origin” and includes “the individual’s or an ancestor’s actual or perceived characteristics including:
The regulations also provide protections to “national origin groups” including geographic places of origin, ethnic groups, and countries that are not presently in existence. Under this definition, an employee’s protected national origin status includes:
The regulations also state that “undocumented employee or applicant employee” is the appropriate reference to someone who lacks authorization under federal law to be or work in the USA.
Since 2001, the State of California has prohibited employers from adopting a policy that prohibits or limits the use of any particular language in the workplace, unless the employer met certain notice requirements and a business necessity justified the restriction. The regulations also state additional restrictions on employers who limit or prohibit employees from using any language in the workplace. Workplace language restrictions are prohibited unless:
The regulations place some restrictions on immigration-related practices also. The employer cannot inquire into an employee's immigration status unless he can present clear and convincing evidence. Such an inquiry is necessary to comply with federal immigration law. It is also illegal for an employer to retaliate against or discriminate against the employee because of the employee's immigration status unless he can present clear and convincing evidence that such inquiry is necessary to comply with federal immigration law. The employer can’t take adverse action against an employee who updates or attempts to update his personal information because of a change in the name, government-issued employment documents, or social security number.
Discrimination isn't something we take for granted. These types of behaviors can put a toll on victims' livelihood and their finances. We can help and fight for any claims of potential financial compensation! At KAASS Law, we commit to fighting for workplace equality and protecting employees from all forms of discrimination. If you have experienced national origin discrimination, contact us today for a free consultation. We can help you understand your rights, navigate the legal process, and seek justice for the discrimination you have suffered.
If you believe there has been discrimination against due to your national origin, we invite you to contact our Los Angeles employment lawyer at (310) 943-1171 for a free consultation and case review.