Your Rights Are Numerous and Worth Fighting For
Your employer may have the authority to direct your work, but it does not have the right to mistreat or discriminate against you. State, federal, and local laws forbid your employer from engaging in the following:
- Workplace discrimination,
- Refusing to provide coverage for workplace injuries,
- Wage and hour violations,
- Causing catastrophic personal injuries,
- Creating or enabling a hostile work environment,
- Wrongful termination,
- Violating consumer rights, and
- Sexual harassment.
We hope you don’t encounter any of the wrongful acts mentioned above, but if you do, we can fight to ensure that the misconduct stops and get you compensated for any loss.
Even with the inception of the California Fair Employment and Housing Act in 1959 (FEHA) and Title VII of the federal Civil Rights Act in 1964 (Title VII), job discrimination is still a problem across the country. However, these state and federal laws provide robust workplace protections and remedies when discrimination rears its ugly head.
Under Title VII and FEHA, your employer cannot make adverse employment decisions against you for any of the following reasons:
- Religion or creed,
- National origin,
- Marital status,
- Sexual orientation,
- Military status,
- Veteran status,
- Medical condition, or
- Age (for those 40 or older).
If a boss refuses to hire you, fires you, harasses you, or denies you work benefits or a promotion because of one of the above-listed characteristics, you can file an administrative complaint or sue for relief. We can guide you through every step of the process and help ensure you receive all the compensation and legal recourse you deserve.
There are many ways employers across the state commit wage theft, including:
- Not reimbursing employees’s business expenses,
- Failing to pay minimum wage,
- Making unauthorized deductions from pay,
- Failing to pay overtime,
- Not providing required meal and rest breaks,
- Failing to pay for reporting time,
- Allowing managers or owners to take a portion of employees’s tips,
- Failing to pay agreed-upon wages or benefits,
- Refusing employee access to personnel and payroll records,
- Not allowing the accrual or use of paid sick leave, and
- Failing to pay wages on time.
If you are a victim of wage theft, you can take legal action to recover your pay, and you may have a right to receive penalty payments.
Minimum wage and overtime
Employers failing to pay minimum wage to their non-exempt employees or failing to pay overtime premiums for overtime work commit wage theft. If you are a non-exempt employee in California, your employer must pay you at least $16 per hour for your labor. And if you work overtime, your employer must pay you 1.5 to 2 times your hourly rate.
Employees are entitled to overtime under the following circumstances:
- Non-exempt employees are entitled to at least 1.5 times their regular rate of pay when they work more than 40 hours in a week, eight hours in a day, or six days in a week; and
- Non-exempt employees are entitled to 2 times their regular pay rate when they work more than 12 hours in a day or more than 8 hours on their seventh consecutive workday.
Speak to us right away if you notice any discrepancies in your paycheck. We can get that money back for you.
Rest and meal breaks
No workday should be non-stop. The State of California agrees with this sentiment and requires employers to provide employees with meal and rest breaks when their workdays last longer than four hours. Employees should receive a paid, 10-minute rest break for every 4 hours worked and an unpaid, 30-minute meal break whenever they work more than 5 hours.
Unfortunately, residents in California have experienced sexual harassment at higher rates than the rest of the nation. Our attorneys work hard to thwart workplace harassment and hold harassers accountable for their egregious conduct. Two types of sex-based harassment are:
- Hostile work environment harassment—this is unwanted, sex-based conduct that is so pervasive or severe that a reasonable person would call the employee’s workplace hostile; and
- Quid pro quo harassment—this is a request for an employee to endure or accept unwanted, sex-based conduct (such as requests for dates or sexual favors) in exchange for work benefits.
Speak to us right away if you encounter harassment at work. The earlier an attorney can intervene when harassment crops up in your workplace, the better your chances are for maximizing your damages.
Remedies for Employment Law Violations
You could have the right to recover multiple kinds of legal relief in an employment dispute through a settlement, lawsuit, or administrative complaint. Relief could include:
- Job reinstatement,
- Lost wages,
- Punitive damages,
- Lost earning capacity,
- Legal costs,
- Compensation for related financial losses,
- Orders for increased work benefits,
- Payment for emotional harm, and
- Penalty payments.
Depending on the type of employment dispute you are facing, you could have between 180 days and several years to initiate legal action against your employer. Our attorneys can help timely file your case and present the best evidence and arguments in your favor.
Let Us Take Care of Your Employment Law Needs
Our experienced attorneys at Lawyers for Justice, PC, are no strangers to bringing success to clients. Over the years, we have recovered over $100 million for our clients. We have represented thousands, and we represent each client with discipline, determination, and drive. Reach out to us when you need an employment attorney in Long Beach. You can contact us online or call us to schedule a free consultation.
Frequently Asked Questions
What Are the Most Common Types of Employment Disputes Handled by Lawyers in Long Beach?
How Can an Employment Lawyer in Long Beach Assist with Wrongful Termination Cases?
A knowledgeable attorney has the tools and skills to gather all evidence necessary to prove your case while timely filing all relevant claims to assert your rights. Our attorneys can also do the emotional labor of confronting your employer.
What Are the Specific Laws in Long Beach Regarding Workplace Discrimination, and How Can an Employment Lawyer Help?
In addition to state and federal laws, Long Beach, California’s municipal code forbids employment discrimination. The code allows mistreated employees to recover civil penalties, even if they cannot prove actual damages. An employment lawyer can help you determine which applicable laws in your case can yield the most legal relief for your specific circumstances.