Employment Law
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Employment Law Overview
This area of law governs the relationship between employers and employees, including matters related to hiring, firing, compensation, and working conditions. The law is designed to protect employees from discrimination, harassment, and unfair treatment in the workplace, while also ensuring that employers have the flexibility to manage their businesses effectively.
There are several important laws and regulations that govern employment and labor law in California. These include:
The Fair Employment and Housing Act (FEHA):
This law prohibits discrimination and harassment on the basis of several protected categories, including race, gender, age, religion, and disability.
The California Family Rights Act (CFRA):
This law provides job-protected leave for eligible employees who need time off to care for a family member with a serious health condition or to bond with a new child.
The California Labor Code:
This code covers a wide range of topics related to employment and labor, including minimum wage and overtime requirements, meal and rest breaks, and the right to form a union.
The California Occupational Safety and Health Act (Cal/OSHA):
This law establishes workplace safety standards and requires employers to provide a safe working environment for their employees.
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Causes of Action
Now, let’s turn to some of the causes of action and claims that clients may bring in employment and labor law cases. Some of the most common causes of action and claims include:
Discrimination:
This occurs when an employer treats an employee unfairly because of their race, gender, age, religion, disability, or other protected characteristic. A client may bring a claim under FEHA or other anti-discrimination laws.
Harassment:
This occurs when an employee is subjected to unwanted conduct that is based on a protected characteristic, such as sexual harassment or racial harassment. A client may bring a claim under FEHA or other anti-harassment laws.
Wrongful termination:
This occurs when an employee is fired for an illegal reason, such as retaliation for whistleblowing or discrimination. A client may bring a claim under various state and federal laws, including the California Labor Code and the federal Civil Rights Act.
Wage and hour violations:
This occurs when an employer fails to pay an employee minimum wage, overtime, or other compensation required by law. A client may bring a claim under the California Labor Code or other wage and hour laws.
Breach of contract:
This occurs when an employer fails to comply with the terms of an employment contract, such as by failing to pay promised compensation or benefits. A client may bring a claim under contract law.
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Conclusion
In conclusion, employment and labor law in California is a complex and multifaceted area of law that governs the relationship between employers and employees. Clients may bring a variety of causes of action and claims related to discrimination, harassment, wrongful termination, wage and hour violations, and breach of contract. If you or someone you know is facing an employment-related legal issue, it is important to consult with an experienced attorney at Yamin Law who can provide guidance and representation. Thank you for your attention.
Employment Law
Practice Areas
FEHA Discrimination
The Fair Employment and Housing Act (FEHA) is a California law that prohibits discrimination in employment on the basis of several protected categories, including race, gender, age, religion, and disability. FEHA applies to employers with five or more employees and provides a range of protections to employees who are subject to discrimination.
Hostile Work Environment Harassment
Hostile work environment harassment is a form of harassment that occurs when an employee is subjected to unwelcome conduct in the workplace that is severe or pervasive enough to create a hostile or abusive working environment. Under California law, hostile work environment harassment is a form of discrimination, and it is illegal.
1102.5 Whistleblower/Safety Complaint
Section 1102.5 of the California Labor Code provides protections for employees who report violations of the law by their employers. This law is commonly referred to as the “whistleblower” statute, and it is designed to encourage employees to come forward with information about illegal or unethical conduct in the workplace without fear of retaliation.
Rest and Meal Breaks
Under California law, employers are required to provide employees with meal and rest breaks during their workday. Failure to provide these breaks can result in penalties for the employer. The rules regarding meal and rest breaks are set out in the California Labor Code and the Wage Orders issued by the California Industrial Welfare Commission.
Retaliation
Retaliation in the employment context is when an employer takes adverse action against an employee in response to a protected activity, such as making a complaint about discrimination, harassment, or unsafe working conditions, or participating in an investigation or lawsuit related to these issues. Retaliation is illegal under both federal and California law, and employees who have been retaliated against may be able to seek legal remedies.
Waiting Time Penalties
Under California law, employers are required to pay their employees all wages due at the time of termination or resignation. If an employer fails to pay an employee their final wages in a timely manner, the employee may be entitled to waiting time penalties.
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Potential Questions
Here are some potential questions that an attorney may ask a potential client about their wrongful termination claim under California law:
1. What were the circumstances leading up to your termination?
2. Did your employer provide a reason for your termination?
3. Were there any incidents that may have led to your termination, such as a complaint about discrimination or harassment?
4. Did your employer provide you with any warnings or disciplinary actions prior to your termination?
5. Were you given a reason for your termination at the time it occurred, or did you only find out later?
6. Were there any witnesses to your termination or any incidents leading up to it?
7. Did you have any employment contract or agreement that may have been violated by your termination?
8. Did your employer follow their own policies and procedures regarding termination?
9. Did your employer provide you with any severance pay or benefits upon your termination?
10. Do you believe that your termination was motivated by discrimination or retaliation for a protected activity?
2. Did your employer provide a reason for your termination?
3. Were there any incidents that may have led to your termination, such as a complaint about discrimination or harassment?
4. Did your employer provide you with any warnings or disciplinary actions prior to your termination?
5. Were you given a reason for your termination at the time it occurred, or did you only find out later?
6. Were there any witnesses to your termination or any incidents leading up to it?
7. Did you have any employment contract or agreement that may have been violated by your termination?
8. Did your employer follow their own policies and procedures regarding termination?
9. Did your employer provide you with any severance pay or benefits upon your termination?
10. Do you believe that your termination was motivated by discrimination or retaliation for a protected activity?
These questions can help an attorney assess the potential strengths and weaknesses of a potential client’s wrongful termination claim, as well as determine the best legal strategy for pursuing a remedy under California law.
Employment Law
Practice Areas
Failure to Accommodate
In California, failure to accommodate is a violation of the state’s labor laws. Employers are required to provide reasonable accommodations to employees with disabilities, religious beliefs, and other protected characteristics. Failure to do so can result in legal action and financial penalties.
Workers Compensation 132a Claim
In California, a 132a claim refers to a specific type of workers’ compensation claim that an employee can file if they believe that they have been discriminated against or retaliated against by their employer for having filed a workers’ compensation claim or for testifying in a workers’ compensation case.
FMLA Discrimination
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for medical and family reasons. Under California law, the California Family Rights Act (CFRA) provides similar protections, and in some cases, allows for additional leave time beyond the FMLA.
Constructive Termination
Constructive termination, also known as constructive discharge, occurs when an employer makes working conditions so intolerable that a reasonable person in the employee’s position would feel compelled to quit. In California, constructive termination is considered a form of wrongful termination and is illegal under state law.
Failure to Indemnify
Under California labor law, employers have a legal obligation to indemnify their employees for expenses and losses incurred in the course of their employment. This means that if an employee is required to pay for work-related expenses out of their own pocket, such as travel expenses, tools, or equipment, the employer must reimburse the employee for these expenses. Failure to do so is considered a violation of California labor law.
Misclassification
Introduction: Misclassification of employees as independent contractors is a critical issue in California employment law. Failing to properly classify workers can lead to legal and financial repercussions for employers. This guide provides an overview of misclassification under California law, including the “ABC” test, employee protections, enforcement, and recent developments.
Pregnancy Discrimination in the Workplace
Pregnancy discrimination can have a devastating impact on employees and their careers. Fortunately, California employment law provides robust protections for plaintiffs and employees who experience pregnancy-related discrimination. This guide is designed to empower plaintiffs and employees by providing an overview of their rights, legal remedies, and steps to take when facing pregnancy discrimination in the workplace.