Discrimination Archives - UELG https://www.california-labor-law-attorney.com/category/discrimination-2/ California Labor Law Attorney Thu, 29 Feb 2024 06:22:00 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg Discrimination Archives - UELG https://www.california-labor-law-attorney.com/category/discrimination-2/ 32 32 Legal Strategies That Help to Stop Workplace Racial Discrimination. https://www.california-labor-law-attorney.com/legal-strategies-that-help-to-stop-workplace-racial-discrimination/ Thu, 29 Feb 2024 06:19:54 +0000 https://www.california-labor-law-attorney.com/?p=7887 The issue of racial discrimination and unfair treatment based on race in workplaces presents significant obstacles to achieving diversity and […]

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racial discrimination and unfair treatment based on race in workplaces presents significant obstacles to achieving diversity and equality in California. Driven by cultural competency gaps and unconscious bias, this trend calls for proactive measures from employers. Highlight the importance of equal employment opportunities, establish training programs, and strictly enforce zero-tolerance policies. Strong dedication from leaders and a nurturing environment are crucial for promoting diversity and ensuring legal adherence. Employees should consult with an employment lawyer in San Diego or UELG to understand their rights under California’s racial discrimination laws, help to foster a positive workplace environment, and to address potential legal issues.

An outline of the statutes that prohibit racial discrimination in the workplace.

The main legal frameworks against racial discrimination in California’s workplaces are the federal Title VII of the Civil Rights Act of 1964 (“Title VII”), and California’s Fair Employment and Housing Act (“FEHA”). Both Title VII and the FEHA forbid employers from engaging in discrimination against present or potential employees based on gender, race, color, national origin, or religion, and each regulate a wide range of employment practices.  Title VII covers businesses having more than 15 employees, including the federal government.  FEHA’s prohibitions against discrimination apply to businesses having five (5) or more employees (but do not apply to federal government or religious non-profit employers); FEHA’s prohibitions against racial harassment apply to businesses of any size, including those with only one employee. Businesses in CA that violate Title VII or the FEHA may face significant consequences, including lawsuits and legal penalties. By establishing a framework for resolving workplace racial discrimination, these laws serve as a foundation for achieving workplace equality, diversity, and inclusion.

Four strategies to fight racial discrimination in the workplace in California:

  1. Establish Effective Training Programs: Employees can actively engage in training initiatives that aim to address implicit bias, improve cultural competence, and foster awareness of the harmful effects of racial prejudice. Participating in these programs fosters a sense of awareness and encourages the development of a more inclusive work culture from within. Through active participation in these discussions and educational initiatives, employees can have a significant impact on cultivating a harmonious and considerate work environment.
  2. Implementation of Zero-Tolerance Guidelines: Employees need to acquaint themselves with their rights and understand the proper procedures for reporting any instances of racial discrimination that may occur within their organization’s zero-tolerance policy. Understanding these guidelines empowers employees to combat bias, fostering a secure and equitable work environment. Through vigilance and attentiveness, employees foster an environment of respect, equality, and efficient resolution of discrimination issues.
  3. Leadership Commitment: Employees can contribute to promoting diversity and inclusion by actively participating in equality and anti-discrimination initiatives. By consistently embodying these principles and inspiring others to do the same, employees can enhance the overall workplace culture. Advocating for diverse leadership and inclusive practices is essential for fostering workplace equity.
  4. Foster Equitable Work Opportunities: Employees can support the implementation of transparent career progression, inclusive recruitment strategies, and fair hiring practices to promote equal opportunities for professional growth. Holding productive conversations with management regarding addressing obstacles and cultivating an inclusive atmosphere ensures that people from diverse backgrounds have equitable opportunities for success. Employees have a vital role in promoting equality and opportunity through their active participation in these conversations and efforts.

Seek legal assistance from the attorneys at UELG to obtain compensation and recover Monetary damages.

Ask for professional legal advice from experienced attorneys at UELG to pursue fair compensation for financial losses resulting from workplace racial discrimination. Our legal professionals provide thorough guidance to optimize your compensation since they are experienced in navigating the intricacies of employment law. By employing the services of an experienced employment lawyer in San Diego, you may assertively pursue the compensation owed to you, address the financial consequences of racial discrimination, and promote justice in the workplace.

Conclusion

Racial discrimination must be actively combatted to promote a diverse and inclusive workplace. UELG’s experienced attorneys at (888) 545-0013 are prepared to offer professional legal assistance if you have been the victim of racial discrimination and can help to ensure that you get the compensation to which you are entitled. By contacting an employment lawyer in San Diego right now for professional assistance to navigate the complexity of employment law, you can take the first step toward justice and equality in the workplace.

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CALIFORNIA LABOR LAW BOARD https://www.california-labor-law-attorney.com/california-labor-law-board/ Tue, 02 Jun 2020 15:06:18 +0000 https://www.california-labor-law-attorney.com/?p=6239 INTRODUCTION California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when […]

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INTRODUCTION

California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

  • The Department of Fair Employment and Housing
  • The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

 

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

 

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The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

  • Unpaid wages
  • Unpaid commissions
  • Unpaid vacation wages
  • Unpaid minimum wage
  • Failure to be paid for agreed benefits
  • Unpaid overtime
  • Distribution of pay stubs
  • Rest and Meal break violations
  • Failure to pay wages on time after employment’s termination
  • Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
  • Unlawful deductions from a paycheck
  • Un-reimbursed business operating costs
  • Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

 

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

 

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

 

WHAT IS RETALIATION ALL ABOUT

 

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

  1. The employer engaged in an unfavorable employment action, like firing the worker
  2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and
  • There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

 

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

 

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

 

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The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

  • an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
  • law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
  • a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

 

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

 

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After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

  • Determine the laws that the employer violated
  • Collect any information that shows the employer took action against them because they exercised their labor rights.
  • File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
  • Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
  • ecords.

 

Reporting A Claim

 

Photo Credit: Shutterstock/Rawpixel.comTo report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

  • Download and print out the claim or complaint form.
  • Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
  • Attach copies of any supporting documents to your complaints. Do not send the original copies.
  • Mail the completed complaint form and the supporting documents to the Labor law board
  • If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

 

DETERMINATIONS

 

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

  • Reinstatement to your former job position
  • Interest payment on the back pay
  • Payment of any wages lost for wrong suspension, demotion or employment termination
  • Payment of penalties for each violation
  • Removal of any reference to the negative action in your employee file
  • Cease to violate your labor rights in the future

 

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

 

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

 

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What You Need To Know About Military Leave in California (USERRA) https://www.california-labor-law-attorney.com/what-you-need-to-know-about-military-leave-in-california-userra-2/ Mon, 04 Feb 2019 07:54:33 +0000 https://www.california-labor-laws-attorneys.com/?p=1412 It is very common for members of the military to have two careers- their temporary positions in the military along […]

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It is very common for members of the military to have two careers- their temporary positions in the military along with a regular job in the private sector. Often, these service members are required to leave their regular job in order to serve. However, under state and federal laws such as USERRA, these service members are eligible for leave their regular job to serve in the military without coming back to the possibility of unemployment. Here’s what you need to know about military leave laws in California:

What is USERRA?

In California, there are certain federal laws that protect the employees who seek leaves from their regular jobs to serve in the military. One of these federal laws is called USERRA (Uniform Service Re-employment Rights Acts) which ensures that members of the military are not discriminated against for their absence during their service periods.

How does USERRA protect service members? 

After a member of the military returns from their leave, USERRA ensures that the employee is reinstated to the position they would have held had they not left for military service. This is inclusive of all the benefits and other advantages received in that line of employment. The employee must, however, apply for reinstatement 40 days after the leave.

Does USERRA apply to part-time employees? 

Under USERRA, part-time employees should be reinstated if there is an open position. Employers with more than 16 employees are required to provide 10 days unpaid leave to employees who are care givers are family members or caregivers to the injured militias in their line of duty. In addition, efforts should be taken to ensure that the employee is qualified for the new positions they may get or provided with a substitute. Firing should only be for a good cause after 180 days or 1 year. Unpaid leave is thus required from private employers to their employees who take 17 days of military training and drills in California.

How can I make sure I am protected under USERRA?

Under USERRA, it is the responsibility of the employee to provide a notice of their leave to their employer well in advance. To receive full protection by USERRA the employee must complete a few requirements. These requirements for the leave include:

  • Notice to the employer for the military leave.
  • Notice for being discharged from the military.
  • Application of reinstatement before 40 days elapses after the leave.

What does this mean for employers? 

If the employee completes these requirements, they will receive all the benefits that USERRA provides. After the leave, the employer is prohibited from discrimination after their military service. In addition, the employer should  find out whether the employee was honorably or dishonorably discharged or whether they completed their service. In circumstances where the employee is disabled in that field of duty, their benefits of duties should not be terminated for up to 52 weeks.

For those employees who undergo discrimination after serving the military or they are denied their rights stated in the California state laws should feel free to report to the department of justice that is set to enforce the USERRA laws that protect the rights of all the employees who serve in the military.

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Age Discrimination in the Workplace https://www.california-labor-law-attorney.com/age-discrimination-workplace/ Mon, 25 Apr 2016 17:55:03 +0000 https://www.california-labor-laws-attorneys.com/?p=1081 According to California labor laws, individuals who are 40 years and above should not be discriminated in their workplaces based […]

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Four Young professionals smiling for a picture

According to California labor laws, individuals who are 40 years and above should not be discriminated in their workplaces based on their age. In fact, they are protected by Age Discrimination in Employment Act (ADEA). It’s illegal to deprive someone of being offered a job or promotion based on age. The law further states that, no employer should force an employee to resign based on their age irrespective of their skills and abilities in the workplace. However, the law applies to employers who have more than 20 employees. Let’s look at age discrimination in California in details;

Age discrimination and harassment

The law prohibits any person from making offensive remarks based on an individual’s age in the work place. In addition, an employer has no right to fire or demote an employee due to his or her age since this creates a hostile working environment.

Benefits and early retirement

ADEA requires that all employees who are older than 40 years to be provided with benefits just like other young employees. Such benefits include; health insurance, life insurance, disability benefits, retirement benefits and pension. In case the older employees receive other benefits from the government, the employer can opt to give fewer benefits.

Department of Fair Employment and Housing (DFEH)

This is a state agency in California whose task is to protect discrimination in employment places. All workers aged 40 years and above are protected by this law. Further, employees who have more than 5 employees are covered by the law.

Filing age discrimination complaints in California

If you suspect you are being discriminated based on your age, you should talk to United Employees Law Group. The competent attorneys will help you resolve all your employment concerns professionally. However, you must first file charges with the states department of fair employment and housing (DFEH) or equal employment opportunity commission (EEOC) .The employee must show he or she belongs to the protected class. Secondly, one should prove he or she has been subjected to harsh conditions like demotion, suspension etc. It’s required that victims of such cases must raise concerns to the relevant departments within a period of 1 year which comes before filing a lawsuit. Remedial provisions can include; back pay, front pay or reinstatement. If the employer’s actions were willful, he or she might be forced to pay for damages to the employee.

In summary, workers should be judged based on their abilities rather than their age. In fact, having a trusted law firm will ensure you are not a victim of age discrimination at work place. If you are a victim of age discrimination in California, get in touch with United Employees Law


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Discrimination in the Workplace https://www.california-labor-law-attorney.com/discrimination-workplace/ Mon, 29 Dec 2014 14:37:10 +0000 https://www.california-labor-laws-attorneys.com/?p=977 The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who […]

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Group that is diverse sitting around on couches with books and papers out

The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who have been subject to discrimination in the workplace. The organization provides assistance to employees through class action in recovering damages and addressing unfair treatment by employers (wrongful termination, harassment, etc.).
Over the years, UELG has incessantly grown in popularity as many of their clients come through referrals from other satisfied clients. They are reported to have handled more than 1500 employment cases, with their clients having been awarded about $250 million dollars.
UELG justly is an authority on California labor law and other California employment law issues. The organization is ever ready to go the extra mile to provide employees with the right resources, so that they may find the help they need. As an employee, you can seek their support if you have a claim under California’s or Federal Discrimination laws. Let’s have a look at cases that are protected under the workplace discrimination laws.
DISCRIMINATION BY REASON OF DISABILITY-
This includes discrimination in hiring, termination, pay rate and raises, promotions, fringe benefits, job assignment, layoffs and training requirements. Federal and state labor laws prohibit any type of harassment of disabled persons (defined under the ADA and the Rehabilitations Act.) in the workplace. This can include undue teasing and offensive comments that are persistent enough to create an unfriendly environment.
DISCRIMINATION BY REASON OF AGE-
This can be a complicated area, so make sure you can prove that the discrimination was done based on age and not just to save money. It is clear prejudice to hire people under a specific age on the pretext of “old people being slower”.
RACIAL DISCRIMINATION-
This kind of unequal treatment can have numerous features. You could be ignored for a less qualified individual of a particular race or consigned to specific employments taking into account your race. This sort of stereotyping IS DISCRIMINATION! Keeping in mind the end goal to have a case for race separation you should demonstrate the valid proofs. In any case, evidence is key.
SEXUAL DISCRIMINATION-
These cases might be brought under the two unique categories. A disparate treatment case includes an association’s arrangement which treats comparatively arranged workers in an unexpected way, in light of their sex or sexual introduction. In disparate impact cases, an individual must demonstrate that the association’s approach, has an unbalanced antagonistic effect on persons of one’s own sex or sexual introduction.


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Signs You Were Illegally Fired From Your Job (Wrongful Termination) https://www.california-labor-law-attorney.com/signs-illegally-fired-job-wrongful-termination/ Mon, 08 Dec 2014 14:16:43 +0000 https://www.california-labor-laws-attorneys.com/?p=974 You got a job, you have worked very hard, and you are living the dream -and then, seemingly out of […]

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Professionally dressed young man looking out a window

You got a job, you have worked very hard, and you are living the dream -and then, seemingly out of the blue, you get a notice that your employment contract has been terminated. Whether you are given enough time to transition out of your job or maybe you are immediately walked to a parking garage with the box of your belongings, losing a job is regarded one of the most stressful experiences in life.
Currently, California is an at-will employment state. Therefore, an employer in this state can fire his or her employee at any moment or for any legal reason. However, despite this fact, there are times when firing an employee (or terminating his or her contract) will violate the law and the rights of an employee.
If you have been fired from your job, how do you determine if the termination was lawful or illegal (referred to as wrongful termination)? To help you answer this crucial question, we’ll uncover major signs of wrongful termination, so you’re aware of your rights as an employee in California -and so that you understand when it is necessary to fight back and hold your employer responsible for violating your rights.

You were discriminated against
Similar anti-discrimination laws which protect you during your hiring process protect you from being fired as well. Employers can’t fire an employee due to their gender, race, sexual orientation, disability, age (if over 40), or even national origin.
In many states, you also can’t be fired because of your pregnancy, marital status, or military affiliation. If any of these genetic or personal features acts the basis for the firing, again, you will possibly have a wrongful termination case against your employer.

Your employer made you a particular promise about your employment term
While employers do not have to have a particular reason for firing their employees in at-will employment states like in California, such firings can’t violate the terms of any existing employment contract.
For example, let us say an employee and his or her employer have a contract for a particular duration of employment. In case the firing violates this specific contract (because an employee was fired prior to the end of the period stated in the contract), it’ll possibly constitute a wrongful termination case (as long as an employee didn’t violate some other terms of that contract which could have led to firing).

You were fired after declining to do something unlawful
In some instances, employers may request their employees to conduct illegal businesses on their behalf. If employees decline to carry out these illegal acts and are eventually fired for their refusals, again, they’ll possibly have a wrongful termination case.

You were fired for exercising your rights as an employee
Employees have the rights to report an employer’s alleged illegal actions or the regulatory violations to the proper authorities. Moreover, employers have the right to request considerable disability accommodations (when necessary), take paid time off and expect to work in a safe environment.
When employees are fired for exercising these rights, they’ll possibly have been the targets of wrongful termination.
Have you been wrongfully fired by an employer? If so, then you can seek help from an experienced lawyer at the United Employees Law Group for effective legal advocacy in your pursuit of justice.


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California Labor Lawyers present a Class Action Alleging Discrimination in Wal-Mart https://www.california-labor-law-attorney.com/california-employee-class-action-2/ Mon, 03 Mar 2014 08:00:35 +0000 https://www.california-labor-laws-attorneys.com/blog/?p=172 This California class action originating in San Francisco has been in court for over a decade. Labor law attorneys for the […]

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Scales of justice on table with solid teal background

This California class action originating in San Francisco has been in court for over a decade. Labor law attorneys for the plaintiffs assert that Wal-Mart has discriminated against millions of woman in over 170 separate job classifications, in terms of pay and promotions.

This would be the first class actions of its size that sets out to prove discrimination through the broader use of statistical models rather than direct evidence. If the Plaintiffs are successful this could mean a slew of similarly litigated discrimination class actions will flood the courts. Naturally corporations are holding their breath and watching closely to see the outcome as it could mean millions in liability.

There are some concerns with such a wide range of subclasses and situations. Wal-Mart argues that the plaintiff’s discrimination claims are too diverse to be banded together in a single action. They also try to point out that with so many different situations there is bound to be a few rogue managers that might have discriminated against woman in terms of pay or promotions, but that doesn’t necessarily mean that all women were treated similarly.

On the other hand the attorneys for the plaintiffs would argue Wal-Mart provided to its managers unchecked discretion … that was used to pay men more than women. Furthermore, that if there is a pattern of discrimination and Wal-Mart knew about it then shouldn’t they be held responsible.

Because of these concerns the justices could choose to remand the case to the lower court under a revised set of guidelines; rather than a divided court issuing an opinion and setting a precedent in such a case.


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If Your Company Does This it Could COST YOU! https://www.california-labor-law-attorney.com/company-cost/ Mon, 09 Jul 2012 11:20:29 +0000 https://www.california-labor-laws-attorneys.com/?p=521 The Four Most Common Mistakes Made By Employers According to the California Labor Laws The California Labor Laws are constantly […]

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The Four Most Common Mistakes Made By Employers According to the California Labor Laws

The California Labor Laws are constantly changing. It is common for employers in California to acknowledge myths as fact when it comes to their employees and the compensation.

Although most of the violations are found in small to medium sized companies who do not have a large human resources department or labor law attorneys, larger companies are just as guilty when it comes to some of the same violations. There has been an increasing number of California class action lawsuits that have been filed over the last 10 years, causing California to be where the most class action cases with a variety of protection available to any California employee.

There are four most common violations that employers make:

1.      Employers sometimes misclassify their employees as overtime exempt. This simply means that they pay their employee a regular salary and then have the employee work more than 8 hours a day or 40 hours a week without overtime pay. When it comes to this scenario, sometimes an employer will not give an employee an uninterrupted 30 minute lunch break. These are both examples that are considered a violation of the California Labor Laws and give the employee the option to file a wage claim.

2.      Another common violation is when an employer has their employees pay for all or just some of their expenses that are related to their work. It is very common for employees to use their own vehicle to run work errands. The truth is, that unless work related expenses are stated as part of employee compensation in a work contract, they must be paid back for what they spend. Another form of these violations is when an employer asks an employee to use their own home phone or cell phone to make phone calls outside of work hours; any charges that have been incurred should be paid back.

3.      An employer has a “Comp Time” policy. Comp time is when an employer has its employees stay late or come in early and not have to pay overtime. Instead, they allow the employee to leave early or come in late on another day.

4.       Another common issue is forfeiting vacation time. When an employee is terminated from their job, they must be paid for any vacation time that was earned, as well as their final wages. It is considered illegal under the California Labor Laws to have a “use it or lose it” policy.  The employer is allowed to pay for any unused vacation time, because vacation time cannot be taken away or expire once earned in California.

Our attorneys have prosecuted over 1500 class action proceedings as well as over 700 individual proceedings that are related to California employment.

If you believe that you have experienced any of the violations that are listed above, do not hesitate to speak to United Employees Law Group, as soon as possible.


Photo Credit: Shutterstock/ Dragon Images

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Undocumented Workers to be issued Work Permits?! https://www.california-labor-law-attorney.com/undocumented-workers-permits/ Mon, 19 Mar 2012 08:00:09 +0000 https://www.california-labor-laws-attorneys.com/?p=530 Being so close to one of the country’s most porous borders, this issue has to be monitored, in San Diego […]

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Three retail workers

Being so close to one of the country’s most porous borders, this issue has to be monitored, in San Diego County the possibility of Obama issuing millions of permits to undocumented workers will have a major impact on the local work numbers.

Within the next two months, the U.S. DHS Security (Department of Homeland) will review the work permit applications for millionsw of undocumented workers. These work permits would have a validity of two years and they could be renewed later. If you wish to be eligible for the review you should have a proof of the below mentioned criteria:

-The undocumented worker should be living in the US for more than 5 years.
-The age of the worker should not be more than 30 years and he or she should have been less than 16 years of age when they first entered U.S.
-The undocumented worker should be in high school or graduated high school or they should have been honorably discharged from the military services
-They should have sound moral character (most likely documented by the lack of a criminal record)

This resembles the Dream Act where it was mandatory for undocumented workers to be students or hold a college degree from US. The DHS termed this as ‘Deferred Action Amnesty’ and believes that these people should be deported, but no action has been taken as yet.
According to the DHS, around 800,000 people are presently eligible under this program in US and 200,000 of them live in California.
More details will be revealed in the coming weeks and you can find out about the original DHS announcement here.

Labor law is not quite simple and in case you have any queries regarding your employment, then you should get in touch with our California Labor Law attorneys at UELG who will assist you in knowing your rights.

These attorneys will be willing to assess your situation without any charges.
For further information and queries about the article or the blog you can
get in touch with us at: (619) 272-2193


Photo Credit: Shutterstock/michaeljung

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Age Discrimination is Illegal yet still Prevalent https://www.california-labor-law-attorney.com/age-discrimination-3/ Mon, 02 Jan 2012 22:09:27 +0000 https://www.california-labor-laws-attorneys.com/blog/?p=49 It is common knowledge that age discrimination is not legal, yet many unemployed over the age of 40 can tell […]

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Kid in rice field

It is common knowledge that age discrimination is not legal, yet many unemployed over the age of 40 can tell you that it is still a problem in the workplace. The Federal Age Discrimination in Employment Act aims to protect people over the age of 40 and make sure that they are not treated differently than anyone else.

The act clearly states:

It shall be unlawful for an employer:

(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or

(3) to reduce the wage rate of any employee in order to comply with this chapter.

Of course, it’s important to also recognize that just because you are over 40 and you have been let go from a company does not automatically mean that you were discriminated against based on your age. Often times salary range plays a big part in layoff. When a company needs to lay people off in order save money they may target the employees that make the most amount of money. Salary range and experience are closely related, and time and experience are closely related as well. Companies need to proceed with caution when selecting candidates for lay off.

One of the most common issues, and actually the more evident violation, is when someone is passed over for a promotion based on their age. This will usually be obvious because the person chosen will be much younger and much less experienced.

Labor law is complex; if you have experienced any of these scenarios or have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:

San Diego – (619) 342-1242 or (619) 272-2193

Photo Credit: Shutterstock/Bannafarsai_stock

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