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Pasadena Employment Lawyer
Employment plays a crucial role in many of our lives. We need our jobs to support ourselves financially, and many people find their careers fulfilling. When someone violates that through harassment, discrimination, unpaid overtime, or forcing you to keep quiet about illegal activity, they compromise part of your well-being. You should know that there are laws in place protecting your employment rights.
Because it resides at the crossroads of both federal and state authority, California employment law can be challenging to comprehend. An employment law firm may be able to help you stand up for your rights, so it is crucial to choose a firm that has your best interests at heart. At Blackstone Law, we represent employees who are victims of workplace discrimination, harassment, and other workplace misconduct. When your employee rights are infringed, contact us.
What Employment Law Cases Are Most Common in Pasadena?
Workers all over the country experience mistreatment from their employers. To counteract this mistreatment, employees can seek support from state and government organizations designed to protect employee rights. After exhausting all other options, they can also take action by working with an unemployment lawyer.
There are many ways an employer can violate your rights, and an experienced employment attorney has likely witnessed a great variety of employment law cases that reflect this.
The most common types of employment law cases deal with the following topics:
- Employee misidentification
- Exempt and nonexempt employees
- Meal and rest breaks
- Medical leave
- Overtime pay
- Sexual harassment
- Workers’ compensation
- Wrongful termination
Mistreatment by employers can arise in numerous ways. Fortunately, there are measures that workers can take to ensure they are being treated fairly under the law. You may not realize just how many legal rights you have as a worker because so many labor laws exist.
Understanding the employment laws relevant to your case is essential, and so is knowing how to act once your rights have been violated. Seeking legal help from an experienced employment lawyer would be invaluable for this purpose.
How Can I Tell if My California Employer Has Misclassified Me?
According to the California Department of Industrial Relations, employee misclassification occurs when an employer incorrectly classifies their employees as independent contractors. The goal of misclassification is to exempt them from payroll taxes, minimum wage, overtime, and other wage and hour law requirements.
Because the employee becomes exempt from fundamental worker rights, misclassifying employees only benefits the employer. Additionally, it enables employers to forgo other protections.
Signs that you are being misclassified include the lack of standard employment rights such as:
- Paid sick days
- Workplace security
- Workers’ compensation coverage
- Unemployment insurance
- The legal right to form or join a union
- The right to family medical leave
- Protection from retaliation
In other words, employer misclassification is fraud. It must be prevented, so employees in California can have the rights, benefits, and compensation they are due. Contact our knowledgeable Pasadena employment law specialists immediately if your employer has misclassified you.
What Should I Do if My Employer Is Infringing on My Wage and Hour Rights?
The California Labor Code sets forth strict minimum wage, overtime, and meal and rest break standards. Employers must include accurate wage statements with each employee’s payroll to verify they are adhering to standards. Still, those who aim to take advantage of their workers have devised ways to pay their employees less.
In California, common examples of wage and hour violations include:
- Paying less than minimum wage
- Failing to pay overtime
- Failing to provide sufficient rest breaks
- Misclassifying employees as independent contractors
- Terminating employees without pay
- Not paying earned commissions
- Forcing tipped employees to pool tips with other staff
- Calculating overtime pay incorrectly
- Deducting from employee paychecks
Employees affected by these violations can submit a complaint with the Wage and Hour Division of the United States Department of Labor (DOL). This branch of the DOL investigates labor law infractions under the Fair Labor Standards Act (FLSA). Our Pasadena employment lawyers can assist you in recovering the financial damages you have experienced, including interest and other statutory penalties.
Can I Pursue Compensation in a Workplace Sexual Harassment Case in Pasadena?
Sexual harassment is unwelcome behavior towards a person based on that person’s sex. Workplace sexual harassment occurs when an individual or group behaves inappropriately putting up with it becomes a condition of employment. When the inappropriate behavior is severe or pervasive enough to create an environment at work that might be construed as intimidating, hostile, or abusive, this is also considered workplace sexual harassment.
Sexual harassment often manifests as lewd jokes, statements about another’s sexual orientation, or making unwanted sexual advances towards another person. Colleagues can commit workplace sexual harassment. However, it is often initiated by a boss or another individual in a position of authority, making the issue much more frightening to encounter.
If you can prove that you experienced a type of sexual harassment—either Quid Pro Quo or Hostile Work Environment—you might be eligible for:
- Monetary compensation for your losses to recover your unpaid wages, legal fees, and court costs.
- Emotional damages for the psychological effects sexual harassment had on you, including the pain and suffering it has caused you.
- Reinstatement or promotion if you were fired or passed over for a raise as a result of sexual harassment, a form of equitable relief.
- Punitive damages, which are payments meant to punish your employer for engaging in exceptionally offensive and egregious sexual harassment wrongdoing.
Based on the size of your employer, the EEOC places a cap on the amount of compensatory and punitive damages you can receive. If you work for a company with 15–100 people, the cap is $50,000. For businesses with more than 500 employees, the ceiling rises to $300,000.
Consult an Experienced Pasadena Employment Attorney
Employers can mistreat workers in various ways, and these scenarios are not uncommon. Fortunately, many employment laws are in place that protect employees from mistreatment. As a worker, you may not realize just how many legal rights you have at your disposal. Once you have realized that your labor or employment rights have been infringed, seek legal help from an experienced employment attorney.
At Blackstone Law, our employment lawyers have an in-depth understanding of the nuances of employment law. Our attorneys assist clients with a wide range of employment-related challenges. Contact us should you ever experience workplace harassment, discrimination, overtime violations, or any other violation under labor laws. Schedule your consultation with our firm by calling (310) 956-4054 or using our contact form.