Los Angeles Employment Law Attorney Standing Up for the Rights of Workers
Being subjected to discrimination, harassment or other mistreatment in the workplace can be especially traumatic. You want to be treated fairly, valued and respected, but you may rightly fear that if you stand up for yourself, you risk further maltreatment or even termination. It is important to know that even at-will employees have protections under California and federal law from unlawful discrimination, wage and hour violations, and retaliation for lodging a complaint or exercising their rights. Don’t let a perceived power imbalance between employer and employee keep you from standing up for your rights. Los Angeles employment lawyer Jeffrey Fleitman will stand up for you. Call the Law Offices of Jeffrey Fleitman at 310-399-2889 for help with any employment law issue.
State and federal laws protect workers from being discriminated against in employment based on a whole host of different factors, including age, race, sex (gender), religion, national origin (ethnicity), disability, pregnancy and more. These laws prohibit adverse employment actions based on these characteristics in any part of the employment process – applications, interviews and hiring; job assignments and transfers; promotions; pay; and discipline and termination. At the Law Offices of Jeffrey Fleitman, we pursue cases with the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH), as well as in state and federal courts.
Workers are protected by law from retaliation for making complaints to their employer or government agencies, or for cooperating with an investigation into employment discrimination. There are specific procedures you must follow in the correct sequence in order to obtain a remedy for employment discrimination. Contact the Law Offices of Jeffrey Fleitman for advice and assistance on the proper steps to take to obtain justice in your case.
Sexual harassment comes in many forms. One type of unlawful sexual harassment, traditionally called quid pro quo sexual harassment, occurs when a supervisor or employer conditions favorable job treatment on the employee’s submission to sexual demands, such as sexual favors or a dating relationship. The boss might promise favorable job treatment in return for sexual favors, or threaten adverse treatment, including firing, for failure to submit. This type of behavior has been found to be unlawful sexual harassment for nearly 50 years, yet it continually occurs with alarming frequency across all types of industries and occupations.
Another form of unlawful sexual harassment is known as hostile work environment sexual harassment. In this situation, unwelcome sexual conduct is so severe and pervasive that it creates a hostile work environment. Examples include inappropriate touching, gestures or verbal comments, graffiti, dirty jokes, posters and magazines, and more. Key elements of a hostile environment claim are that the conduct is unwelcome, is somehow sexual in nature, and is severe and pervasive. Employers can be liable for failing to have a sexual harassment policy in place and for failing to follow up on complaints by conducting an investigation and taking appropriate action. In California, employers are strictly responsible for the hostile work environment created by a supervisor, the harasser is personally liable to the victim, and there are no caps on punitive or compensatory damages.
Sexual harassment can be inflicted by supervisors or co-workers, and it is not restricted to a male harassing a female. Female-on-male harassment and same-sex sexual harassment have both been found unlawful. If you have been subjected to a hostile work environment or were forced to quit to escape a hostile environment, contact our office to discuss your potential claims for damages.
Wage and Hour Claims
Federal law requires nearly all employers to pay at least a set minimum wage to their workers, and to pay overtime at one and a half times the regular rate of pay for all hours worked over 40 hours in a workweek. Nevertheless, employers find many ways to get around these rules, such as intimidating undocumented workers or setting up elaborate pay schemes, requiring employees to work off the clock or not paying for on-call and wait time, or misclassifying workers as independent contractors or professional employees exempt from the overtime rules.
The state of California also has its own wage and hour laws that go beyond the federal law. These include a higher minimum wage, required meal and rest breaks, and overtime for hours worked over eight in one day.
If you are required to be at work but not placed “on duty” and not paid, or if your boss tells you that you are exempt from overtime pay, don’t just take their word for it. Call the Law Offices of Jeffrey Fleitman for a free consultation and review of your situation. Let us advise you on whether you are being treated fairly, and whether you may have a claim for unpaid wages or other money damages.
Wage and hour violations are rarely isolated to just one employee. If you have been paid incorrectly across multiple pay periods or denied overtime for additional hours worked, chances are that the same things have been happening to other employees in your job class, or even companywide. A single claim brought by a single worker is unlikely to grab the attention of a large business, and many attorneys will tell you it is not worthwhile to file a lawsuit merely to collect a few hours of back pay. By bringing a class action lawsuit on behalf of all affected employees, you obtain justice for all your fellow workers while forcing the company to change its unlawful practices. As the lead plaintiff in a class action, the court may even grant you an additional monetary award as compensation for your time, effort and courage in pursuing the case.
Help is Available for All Manner of Los Angeles Employment Law Matters
For more than 20 years, attorney Jeffrey Fleitman has demonstrated an unwavering commitment to justice, fighting for his clients with integrity, determination and excellence in legal practice. Let Jeffrey Fleitman fight for you and get you the justice you deserve. Call the Los Angeles Law Offices of Jeffrey Fleitman at 310-399-2889 for a no-cost, confidential consultation regarding your potential employment law claim.