Los Angeles Employment Lawyer

Employment Law Attorney in Los Angeles, CA

Every American is afforded various rights and legal protections when it comes to their employment. A Los Angeles employment lawyer can help clarify what these rights are. For example, workers have the right to a safe work environment with the tools, equipment, and policies in place necessary for them to complete their job duties. They also have the right to a workplace free from harassment, discrimination, and unethical employment practices. Unfortunately, many workers in the Los Angeles, CA area experience significant problems at work, and these issues can jeopardize their livelihoods and cause tremendous emotional distress.

If you believe you have experienced mistreatment at work, or if you believe your employer has violated state or federal laws in their handling of your employment, it is crucial to secure legal representation as soon as possible.

The Law Offices of Miguel S. Ramirez can provide the legal counsel you need when you have experienced illegal treatment of any kind in your workplace. Our team understands the stress and uncertainty that follow most workplace disputes. We know that you may fear for your job and your future after your employer has violated your rights. Our goal is to provide the comprehensive and client-focused legal representation you need to approach the situation with confidence.

Why Should I Hire a Los Angeles Employment Law Attorney?

It’s easy to feel powerless when you have lost your job due to discrimination or experienced mistreatment at the hands of your employer. Unfortunately, many people experience mistreatment at work but choose to bear it out of fear of losing their jobs and livelihoods. Others encounter ethical dilemmas, such as discovering their employers have violated important regulations or laws and may be afraid to speak up about their experiences. Whatever your case may entail, it will be much easier to handle the situation when you have reliable legal counsel on your side.

Your Los Angeles employment law attorney can provide invaluable support and guidance no matter what your situation entails. The Law Offices of Miguel S. Ramirez have extensive experience handling a wide variety of employment law cases for our clients in the Los Angeles, CA area. As a result, we are fully qualified to help you determine your best legal options in your situation.

We understand that interpreting US and California employment laws can be challenging. In addition, time may be a critical factor when it comes to your ability to provide for your family. You can rely on the Law Offices of Miguel S. Ramirez for comprehensive legal representation in many types of employment law cases.

What Rights Do Workers Have in Los Angeles, California?

United States and California employment laws can be a challenge to understand. The laws constantly change, and each state has its own individual laws.

Sometimes, an employee doesn’t know that they need a lawyer, or they are unsure if they have experienced mistreatment or discrimination because they are unaware of their rights. However, every worker is granted rights under California law.

• Right to Fair Wages and Breaks: Employees must be paid at least the minimum wage amount in their state. The minimum wage is usually a certain amount per hour. Some employers have been known to try to classify an employee as an independent contractor to get around this law.However, an employer cannot dictate what an independent contractor wears, what tasks they perform, or what time and when a contractor decides to work. Employers must also provide rest and meal breaks. The amount of rest and meal breaks required is dependent on how many hours are worked per shift.In addition, employers must pay overtime pay (1.5 times regular pay) and double-time pay (2 times regular pay) to employees working over a certain amount of time. Check with California state laws to know what this amount is, as well as the minimum wage amount, as it can vary each year and by position.
• Right to Safety: Employers are required to provide a safe work environment for their employees. Any hazards must be corrected by supervision. Written safety plans must be distributed to employees.As part of employment, workers receive workers’ compensation insurance through their employer, which covers medical expenses in the event they are injured at work.
• Right to Speak Up: Workers have the legal right to speak up if there is unfairness or a safety concern going on in the workplace without the fear of retaliation or termination. Retaliation could be docking pay, firing or threatening to fire, demoting, refusing to promote, denying reasonable requests, or changing an employee’s hours or location. Employees also have the right to file a claim with the state if their rights are being violated.
• Right Against Sexual Harassment: All employees have a right to be protected against sexual harassment. Sexual harassment usually falls into two categories. The first one is creating a hostile work environment through sexual advances, comments, or physical interactions. The second is when a deed, task, or action is requested in exchange for a sexual favor. Both of these categories are prohibited by law.
• The Right to Sick and Family and Medical Leave: The law allows employees to take a certain amount of unpaid sick time to care for a family member. They are entitled to resume the same or similar position upon their return. California law also grants a minimum amount of paid sick leave to be available to all full-time employees.
• Right to Special Accommodations: Many of these laws are outlined in the California Fair Employment and Housing Act (FEHA). The law requires employers to make reasonable accommodations related to pregnancy, religion, and disability. An employment lawyer can explain to you what is considered a reasonable accommodation in these categories.

What Are the Protected Classes in California?

Under federal and state laws, certain groups of people are protected against discrimination. These are considered protected classes. An employer cannot fire an employee for the sole reason that they are a part of a protected class. For instance, an employee cannot fire someone because they are pregnant or from a different country. An employer may also not deny hiring a prospective employee because of their protected class status. Protected classes in California are as follows:

• Race
• Ancestry
• Nationality
• Religion
• Sex, Gender, Gender Identity and Expression
• Physical or Mental Disability
• Age
• Sexual Orientation
• Relationship/Marital Status
• Pregnancy or Childbirth
• Medical Condition
• Medical Diagnosis
• Political Beliefs or Affiliation
• Veteran Status
• Victims of Abuse or Domestic Violence

If you have experienced harassment or discrimination due to falling under one or more of these protected classes, you may be able to file a claim. An employment law attorney can help you understand your rights and options.

Cases Our Firm Handles

The field of employment law is extremely broad because many types of disputes can arise between employees and their employers. A skilled Los Angeles employment law attorney is well-versed in these case types and will carefully review a client’s situation to help them determine the best approach to their situation. Our firm has experience handling many types of employment law cases, including:

• Wage and hour disputes. Employers must pay their employees correctly according to California state law. California has different minimum wage and overtime requirements than those imposed by federal employment laws. Unfortunately, some employers may try to use this as an excuse to pay employees less than they legally deserve.
• Sexual harassment. Every American has the right to expect a workplace free from all forms of harassment. Sexual harassment is any harassment based on the victim’s sex or sexual orientation. If you have been subjected to crude jokes, sexual remarks, or requests for sexual favors from your employer, these are all clear examples of sexual harassment.
• Employment discrimination. All employers must uphold anti-discrimination policies, and it is illegal at both the state and federal level for any employer to make job-related decisions on the basis of an employee’s personal traits. Discrimination on the basis of race, national origin, ethnicity, skin color, religion, age, or medical status is illegal in the US.
• Whistleblower retaliation. Every employee has the right to act as a whistleblower to report illegal or unethical practices in their workplace. As long as an employee files their whistleblower report in good faith, the employer may not fire them or take punitive actions against them in response.
• Family and Medical Leave Act (FMLA) disputes. The FMLA exists to provide flexibility and job security to those who need time off work to address medical problems or to care for loved ones with medical complications. If your employer denies a good-faith FMLA request or fires you for taking FMLA time, we can help you determine your best options for legal recourse.
• Failure to accommodate. The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for their employees, such as wheelchair access and equipment that enhances accessibility for employees. If your employer refused to make reasonable accommodations for your medical status, you may have grounds to file a civil claim against them.
• Wrongful termination. California enforces an “at-will” employment law, meaning both employees and employers generally have the right to end a working relationship at any time. This may occur with or without prior notice and with or without cause. However, at-will employment does not permit employers to fire employees for illegal or discriminatory reasons. If you believe you lost your job through a wrongful termination, our team can help you hold the employer accountable.

If you believe a recent experience at work qualifies for legal action, the team at the Law Offices of Miguel S. Ramirez are ready to assist you with these issues and others.

How Can Filing an Employment Dispute Help Me?

Your employment dispute can serve two important purposes. First, it can help you recover any losses you sustained due your employer’s illegal actions. Damages available in your claim could include lost income, lost benefits, loss of your position, and compensation for emotional distress in some cases. Second, holding your employer accountable can reduce the chances of others facing similar treatment in the future.

FAQs

Q: How Much Do Employment Lawyers Charge in California?

A: The cost of an employment lawyer considers a number of factors. Each lawyer charges differently. Some charge by the hour, some with contingency (only if the case is won), some charge a flat rate, and some are on retainer. Prices are generally higher for labor lawyers who have an established reputation and many years of experience.

A case’s complexity also factors into cost. If the case requires lots of research, witness interviews and testimonies, and collection of documents and evidence, this will play a part in your attorney’s services.

Q: Do Employees Have Any Rights in California?

A: Employees have a number of rights in California. They are entitled to a safe work environment. Workers are protected against discrimination, harassment, and retaliation if they speak up about a violation, and fair wages and breaks.

They also have a right to sick leave and family and medical leave. There are protected classes, such as race, religion, and marital status, that protect workers against discrimination.

Q: What Is the HR Law in California?

A: The HR law in California is in place to protect employees from harm that may happen from an employer or at the workplace. Overall, the law protects employees from discrimination, especially if they are a part of a protected class.

Employees are protected against workplace retaliation and a hostile work environment. Workers are also entitled to reasonable accommodations if they are pregnant or disabled. The law also grants religious accommodations to be made.

Q: How Is California’s Employment Law Different From Other States?

A: California law has a higher minimum wage than most other states. California also has greater protections, broader protected classes, and higher sick leave and family and medical leave.

For example, there is a national list of protected classes that all states must adhere to. However, California has additional protected classes in the state. Some cities in California add on to that. For instance, some states include weight and height as a protected class.

The Law Offices of Miguel S. Ramirez has experience representing Los Angeles clients across all industries. As a result, we know every employee has a unique situation that deserves individualized attention. If you are ready to speak with an experienced and compassionate Los Angeles employment law attorney about your case, contact the Law Offices of Miguel S. Ramirez today and schedule a consultation with our team.