Employee Rights

Wage and Hour Violations

Under the laws of most states, employees are entitled to overtime pay at a rate of one and a half times their hourly rate when working more than 40 hours per week. Employees are also entitled to meals and rest breaks and must be properly paid for attending meetings and other off-the-clock tasks required by their employer.

In addition, employers sometimes improperly classify their employees as exempt, by calling them “managers” or “independent contractors,” to prevent those employees from receiving the benefits and overtime to which they are entitled. For instance, an employee who is classified as a “manager” but is required to do non-managerial tasks may be entitled to unpaid overtime.

If your employer is denying you breaks, forcing you to dedicate time to work-related matters off-the-clock or failing to pay you time-and-a-half when you have worked more than 40 hours a week, you may be entitled to back pay and other legal remedies. Our firm represents both individuals and groups of individuals regarding a variety of wage and hour violations and can help you determine whether you are being fairly compensated at your job. To report potential wage and hour violations,or to request more information, click here.

Unlawful Discrimination

Discrimination on the basis of race, gender, ethnicity, sexual orientation or religion is illegal. Unlawful discrimination can include getting inferior job assignments, being passed over for promotion or enduring demeaning comments or offensive materials in the work place. Every employer has the duty to prevent a hostile work environment under both state and federal law.

If you have been denied full and equal treatment or privileges on the basis of race, gender, sexual orientation or religion, your employer may be liable. Our attorneys have experience representing individuals and classes in employment discrimination matters and can help you determine whether your rights have been violated and, if so, the remedies to which you may be entitled. To report discriminatory conduct, or to obtain more information regarding your right to thrive in a work environment free from discrimination, please click here.

Sexual Harassment

Everyone has the right to work in an environment free of sexual harassment. If your employer has penalized you, made benefits of your job conditioned on acceptance of sexual advances, or created a hostile work environment, you may be entitled to damages. A hostile work environment is one where you are subjected to unwanted harassing conduct so severe, widespread or persistent that a reasonable person would consider it hostile or abusive. Harassing conduct takes many oppressive forms, including verbal (obscene language, demeaning comments, slurs, threats), physical (unwanted touching, assault, interference with normal work or movement), visual (offensive posters, objects, cartoons, drawings) or simply unwanted sexual advances.

If you have been the victim of sexual harassment, you do not have to endure a hostile work environment any longer. To report an abuse or obtain more information about your rights and remedies, please click here.

Pregnancy Discrimination

Under California law, pregnant women are protected from harassment and discrimination. Further, they are entitled to accommodations in their work duties and sometimes schedule to account for the pregnancy and pregnancy related health issues. Pregnant women are also entitled to take leave from work for the birth of the baby.

An employer may not harass a female employee on the basis of pregnancy, or for getting pregnant. This type of harassment is usually considered both sex harassment and pregnancy harassment, because comments and behavior are usually directed to one sex specifically. Generally, the unlawful conduct must be considered severe and pervasive to be actionable.

It is also unlawful for an employer to discriminate against a female employee on the basis of pregnancy. An employer may not refuse to hire, demote (or change employment terms), or fire a woman because she is, or is planning on becoming, pregnant.

In California, an individual who has experienced a violation of their rights must file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the conduct or their right to pursue legal action may be forever barred. If you believe you have been the victim of harassment or discrimination because of your pregnancy, please click here, and contact this office immediately.