Our employment law attorney in South Gate practice includes federal, state, and local laws that employers must follow in connection with their employees. Employers in California are not supposed to discriminate against employees or permit harassment. They should pay at least the minimum wage and give their employees adequate meal and rest breaks. Employees who work overtime must be paid commensurate to that overtime. Employers should also purchase workers’ compensation insurance to cover their employees in case of a work-related injury or illness.
Understanding Employment Discrimination Laws
Employment discrimination occurs whenever a job applicant or employee is treated adversely because of his or her membership in a protected class. Federal and state laws protect different classes, although there is some overlap in protected classes. Federal Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, national origin, and sex; it applies to employers with at least 15 employees. The Federal Americans with Disabilities Act (ADA) prohibits disability discrimination when an employer has at least 15 employees. An employment attorney in South Gate can help an employee bring a claim under these federal laws.
The state law prohibiting discrimination is the Fair Employment and Housing Act (FEHA), which provides protection to a broad range of classes, including sex, gender identity, gender expression, sexual orientation, marital status, color, race, religion, ancestry, national origin, medical condition, mental or physical disability, and genetic information. You should not be subjected to discrimination based on any of these protected characteristics. Discrimination can include failure to hire, promotion, wrongful termination, demotion, or harassment. For example, if your supervisor and coworkers repeatedly send you sexual materials and make lewd comments in your presence, you could bring a claim for sexual harassment under FEHA.
Retaliation Protection Under FEHA
In addition, FEHA prohibits retaliation for exercising any of your rights under it. Our South Gate employment attorney can review your case to determine whether you may have a claim against your employer for retaliation.
Minimum Wage and Overtime Laws in South Gate
Employers must pay the minimum wage under federal, state, and local laws. The minimum wage has been increased yearly for employers with at least 26 employees since 2017, and it will be increased until January 1, 2022. The increase has been delayed by a year for employers with 25 or fewer employees. As of January 1, 2020, the minimum wage for employers with 25 or fewer employees is $12/hr. The minimum wage for employers with 26 or more employees is $13/hr. South Gate and unincorporated areas of Los Angeles County have a different minimum wage that is currently higher; this minimum wage also has yearly increases over a period of five years. As of July 1, 2020, the minimum wage in those locations is $15/hr. For businesses with at least 26 employees and $14.25/hr. For businesses with 25 or fewer employees.
Generally, employers must pay overtime to a non-exempt employee when that employee works more than eight hours in a work day or more than 40 hours in a work week. Overtime is paid at 1½ times a worker’s regular pay rate for all hours that are more than eight hours up to 12 hours in a work day and for the first eight hours worked on the seventh consecutive day of work in a work week. Non-exempt employees should be paid double or twice their regular pay rate for all hours worked more than 12 hours in a work day and all hours worked beyond eight on the seventh consecutive day of work in a work week. There are certain exemptions from overtime laws; for example, there are special rules for agricultural workers.
Addressing Wage and Hour Violations
Our attorneys also specialize in addressing common wage and hour violations such as unpaid wages, missed meal and rest breaks, and ensuring that employees receive the proper overtime pay as required by law.
Employment Contracts and Severance Agreements
If you are facing issues related to employment contracts, our employment law attorney, the South Gate team, can help you review, negotiate, and enforce these contracts to ensure your rights are protected.
We can provide thorough legal advice to employees regarding severance agreements to ensure they receive fair compensation and benefits.
Workplace Investigations and Employer Defense
We also conduct thorough workplace investigations to address complaints of harassment, discrimination, and other workplace misconduct.
Additionally, we represent employers in defending against claims of discrimination, harassment, wrongful termination, and wage and hour violations. Our experienced employer defense attorney, South Gate, can help mitigate risks and navigate complex employment laws.
Employment laws can involve complex issues that affect employees’ personal and professional lives. If you need assistance asserting your rights against a California employer, consult the Knoll Law Group. Call us at (800) 954-5459 or complete our online form to discuss your case with an employment attorney in South Gate, CA, serving Ventura County, Los Angeles, and California.
Frequently Asked Questions – FAQs
What should I do if I believe I am a victim of wrongful termination?
Gathering relevant documentation and consulting with a South Gate employment lawyer is important if you believe you have been wrongfully terminated. They can help you understand your rights and determine the best action.
How do I know if my employer is violating wage and hour laws?
Wage and hour violations include unpaid wages, denied meal and rest breaks, and improper overtime pay. If you suspect your employer is violating these laws, an employment attorney in South Gate can help you evaluate your situation and take appropriate legal action.
Can I file a claim for harassment or discrimination without losing my job?
FEHA and other employment laws protect employees from retaliation for filing claims of harassment or discrimination. An employment attorney in South Gate, CA, can provide guidance on how to proceed while protecting your job and rights.
How can an attorney help with severance agreements?
An employment law attorney in South Gate can review the terms of a severance agreement, negotiate for better terms, and ensure that your rights are protected before you sign any document.
What are my rights if I experience retaliation at work?
Employees are protected from retaliation for exercising their legal rights. If you experience retaliation, consulting with South Gate employer retaliation attorneys can help you understand your options and take legal action if necessary.
What should I consider when choosing the best employment attorney in South Gate?
When choosing the best employment lawyer in South Gate, consider their experience, reputation, and specialization in employment law. Look for client testimonials and case results to gauge their effectiveness.
Can an employment discrimination lawyer in South Gate help me if I’ve been discriminated against?
Yes, an employment discrimination lawyer in South Gate can help you understand your rights and guide you through filing a discrimination claim. They can also represent you in negotiations or court to ensure you receive justice.
What is the role of a labor and employment attorney in South Gate?
A labor and employment attorney in South Gate specializes in employment law issues, including disputes between employers and employees, compliance with labor laws, and representation in legal matters.
