Los Angeles Employment Lawyer
For many people, their career is not only about earning money, but also achieving great personal growth and fulfillment. When your rights are violated in the workplace, it may leave you feeling angry, confused, and overwhelmed. Additionally, making the choice to file a labor and employment lawsuit can be scary. This position can also be isolating, especially if you are still employed by the company or your case involves a supervisor. Our Los Angeles employment attorneys can help cut through the feelings of confusion and assess your legal options without putting you at risk for retaliation. We know that employment lawsuits can come from any employment circumstance, whether you are working for a Fortune 500 company, small business, or even a nonprofit.
Blackstone Law is a leading Los Angeles employment lawyer. Our award-winning labor and employment lawyers believe that building trusting relationships with our clients yields the best results, which is why we operate our firm under the pillars of honesty and integrity. To our talented employment attorneys, each client is a new member of the Blackstone Law family, not just another case. With the Blackstone legal team on your side, you will have dedicated representation as we defend your rights as an employee in the State of California.
California Labor & Employment Law Resources
California Workplace Discrimination Statistics
Every year, the California Department of Fair Employment and Housing receives approximately 23,000 complaints from members of the public who have been the victims of civil rights violations. Over 86% of those complaints (19,000+) involved employment discrimination. The unfortunate consequence of these regular complaints is that companies and their legal teams have gotten very good at avoiding responsibility for their actions. Some of the most common employee complaints are:
Our experience gives us great insight into the tactics often used by large corporations, and your employment attorney will work day and night to ensure that you have the advantage. Our #1 goal is representing your best interests while protecting you from further suffering and retaliation.
What Rights Do I Have as an Employee in Los Angeles, CA?
It is essential for employees to understand their rights so they can recognize when they are being exploited or mistreated. Under California law, employers must follow specific safety, anti-discrimination, and compensation protocols to be comply with the law. Some of your most fundamental employee rights are outlined below.
The Right to Overtime Pay
Employees in California that work more than 40 hours a week must be compensated for their time in the form of overtime pay. While there are several exceptions to this rule, an experienced attorney can review your case to determine if you are owed back pay for your hours worked.
The Right to Meal and Rest Breaks
If you work more than three and half hours in a day, you are entitled to meal and rest breaks under California law. The rest break should be no less than ten minutes, while the meal break should be no less than 30 minutes. If your employer fails to allow you adequate breaks, you may be entitled to compensation for your damages.
Protection from Discrimination
In California, it is unlawful for an employee to discriminate against their employee based on the following:
- Sexual identity
- National Origin
If you have been discriminated against in the workplace, an experienced employment attorney can help you file a claim with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
Protection From Sexual Harassment
Sexual harassment is an unacceptable violation of your rights both inside and outside of the workplace. Sexual harassment in the workplace typically occurs in one of two ways:
- Quid pro quo: If your abuser ever tried to exchange promotions or benefits for sexual favors, you may be a victim of this type of sexual harassment.
- Hostile work environment: Individuals subjected to prolonged or severe harassment are likely contending with a hostile work environment and are having their rights violated.
An employment lawyer can be a valuable resource for victims of workplace sexual harassment. Your Los Angeles employment attorney will keep your identity and information confidential as they investigate your claim and advise you on the best path forward.
The Right to Sick Leave to Care for a Family Member
Employers must offer 12 weeks of unpaid leave for employees that must care for a sick family member under the Family Medical Leave Act (FMLA). If you are unlawfully denied FMLA, you may have grounds to file a lawsuit and a complaint with the U.S. Department of Labor.
The Right to Earn The Minimum Wage or More
Workers in California must be compensated for their time with at least the minimum wage. The minimum wage in California is currently $12.00 per hour. However, the minimum wage is scheduled to increase to $15.50 per hour in 2023. If you are not being compensated fairly, you may be eligible to file a claim against your employer to collect the back pay you are owed.
Common Employment Lawsuit Challenges
Employment cases often present unique challenges that require an experienced employment attorney. Always treat claims with a strong sense of urgency due to the varying statute of limitations that exist. For example, you must file wrongful termination charges within 300 days of the termination in question. On the other hand, most unpaid wage cases fall under the three-year statute of limitations. Although the process can be confusing, many people who have filed employment lawsuits find that they help to validate their experience and thus, can start a journey of healing. We know that you have a long road ahead of you, and we will be with you every step of the way.
In the legal system, there are no guarantees and no quick fixes. Many people have a strong basis for an employment case but avoid filing because of the perceived complexity and time investment. We urge you to reach out to an experienced employment attorney for a consultation. You have the right to feel secured and protected in the workplace.
How Long Does a Typical Employment Law Case Last?
Los Angeles employment law cases have a lot of moving parts. Before a case comes to an end, you expect a longer journey ahead as you and your employment attorney seek justice. For California employment law cases, the duration from start to conclusion or settlement can be anywhere from about 300 days to as long as two years. The varying durations from case to case can depend on some of the following factors:
- The personalities of everyone involved—if everyone can cooperate, then proceedings will move along quicker and easier
- Court backlog in the overbooked California court system
- The experience of the employment lawyers involved in the case
- The value of the case
- Time to schedule depositions, medical exams, and mediations
While each case is different, working with a team of Los Angeles labor lawyers who have experience handling the California court system will be extremely beneficial if you are hoping to reach the conclusion or settlement of your case quicker.
What Are the Most Common Employment Law Issues?
Workers are empowered to take action when they are mistreated by their employers. As a worker, you must have access to resources pertaining to your rights under federal and state employment laws, which can be an overwhelming task to tackle on your own. Employment law encompasses the wide variety of issues that workers may face while seeking employment, currently employed, and leaving an employer.
Though numerous worker rights violations are possible, the most common employment law issues that workers face are:
Employment law is a complex field that requires extensive knowledge and a thorough understanding to navigate successfully. Workers who handle their cases alone risk not getting the justice they deserve. Reaching out to a highly skilled employment lawyer who can recognize the nuance in each case may be the best way to ensure your rights are protected.
Affordable Advocacy from Experienced Los Angeles Labor & Employment Attorneys
At Blackstone Law, we pride ourselves on putting our clients first. Your dedicated employment attorney will handle every aspect of your case, from reviewing physical evidence to on-stand witness testimony. You can expect passionate advocacy and full transparency at every stage of the process. We represent your interests in all case matters, in front of the employer, defendant, the media, and any other parties with a stake in your case. Additionally, when you work with our talented Los Angeles employment attorneys, you can look forward to the following benefits:
- Award-winning legal service
- Aggressive representation of your case
- Excellent client testimonials
- Each client treated like family
- Knowledgeable employment lawyers featured in major publications like Business Insider and The Hollywood Reporter
We work on contingency, which means that you will never pay any upfront fees. No one is above the law, and your Los Angeles employment lawyer will work tirelessly to ensure you receive maximum compensation. Even if you choose not to retain our services, the legal consultation we provide is free of charge.
Handling All Types of Employment Law Cases in LA
Whether you work for a locally owned small business or a company with over 500 employees, you deserve to go to work each day knowing you are in a safe and respectful place. Because most Americans spend one third of their lives working, a comfortable work environment is crucial to your happiness and well-being.
Whether you were fired, quit, or still work at a company that has been abusive, do not wait to contact an experienced employment attorney about your case. Depending on the details of your case, the talented employment lawyers at Blackstone Law can help you determine what category of employment law your case would fall into:
If you were forced to quit or were fired for reasons of discrimination, harassment, or whistleblowing, your employer may be found in violation of state and federal laws. Your employment attorney will examine every detail of your case to determine if there are grounds for a lawsuit.
Both California and federal laws prevent employers from discriminating on the basis of race, gender, sexual orientation, age, religion, and disability. Discrimination can take many forms, including harassment, failure to promote, or even assault.
Doing the right thing isn’t always easy, especially when you experience retaliation as a result of whistleblowing. If you’ve experienced a violation of your employee rights as a result of whistleblowing, your employment lawyer will work with you to see that you receive compensation.
When you object to workplace practices, harassment or discrimination, your employer cannot retaliate against you. If your employer has taken an action that would dissuade a reasonable employee from opposing discriminatory conduct, this is considered retaliation.
Unpaid wages don’t always mean a bounced check or missed direct deposit. It can also be more difficult to detect. Examples include unpaid overtime work, unpaid meal or rest breaks, and failure to provide agreed upon bonus pay.
Sexual harassment is a gross violation of your rights, as a citizen and also as an employee. We fully commit to delivering justice for victims of any sexual abuse or harassment. Furthermore, we demonstrate a complete intolerance for any perpetrator.
Even if your case does not fall into one of the above categories, we’re happy to consult with you. At Blackstone Law, you’ll find an experienced employment lawyer who will provide proactive advocacy and compassionate guidance. We know the most important thing we can do for our clients is develop a case strategy that delivers results. Let us show you what we can do for you.
Why Choose Blackstone Law?
The foundation of our practice is based on a genuine compassion for those who have been wronged. At Blackstone Law, we constantly strive to uphold the rights of the individual, as guaranteed by the justice system. We conduct ourselves to the letter of the law, preserving legal rights while going the extra mile for every client. Working with our award-winning Los Angeles employment lawyers offers you many benefits:
Our Los Angeles attorneys have studied the law and its processes. Specifically, having help from an employment law firm that is familiar with California and federal labor laws is crucial to the success of your case. An experienced employment lawyer will also know which legal documents to file, how to properly complete forms, and be aware of any legal technicalities involving your case.
Not Hiring an Experienced Employment Lawyer May Cost You
While there are those that chose to represent themselves, choosing that route can cost you money in the grand scheme of things. The law is complicated, so navigating an employment case on your own could end up costing you time and losing you money. An experienced employment lawyer can help you understand when to accept a settlement, and when to push for more when it comes to negotiating compensation.
We Are Here to Answer All Your Questions
At Blackstone Law, we offer our clients the responsive communication needed to keep you up to date on all matters involving your case. We know that employment cases can bring about uneasiness and stress, so we are here to answer any questions you may have throughout the process. We hope to build trusting relationships with each of our clients so they can feel comfortable coming to us about any matter involving their employment case.
We treat all of our clients like family. It is important to our legal team that you feel you are being given the care needed to build your case. When working with one of our talented Los Angeles lawyers, you will be given personalized attention to your case from start to finish.
Seek Help from Leading Los Angeles Employment Lawyers
Every employment case is unique, and every employment attorney has a different case management style. Our focus is on providing exceptional representation, clarity, compassion, and honesty. Although we can’t promise a quick fix, we will work to manage your expectations at every stage of the process. Whenever you have any questions, you will be able to reach your Los Angeles employment attorney for a quick response.
Your best interests are our highest priority, whether that means accepting a settlement or proceeding to trial. If you need dedicated, determined, and honest legal representation, get in contact with the talented lawyers at Blackstone Law. For a free case consultation, contact us or call (310) 956-4054.
Frequently Asked Questions About Employment Law in Los Angeles, CA
What steps should I take if I believe I was the victim of employment discrimination in Los Angeles, CA?
- Keep a record of discriminatory incidents: You should write down every act of discrimination against you, with as many details as you can remember. Your notes should include what was said or done to you, who said or did the discriminatory conduct, the date, the time, day of the week, and location. If there are any witnesses, you should note their presence and set forth their contact information.
- Report the discrimination to your HR department: You must report the discrimination to your HR department so that they have your complaint on file. It is best to make such reports in writing and to retain a copy of the report for your records. If you do not report the discrimination, your employer is arguably not given an opportunity to remedy the situation. Be sure to follow up regularly to ensure that the appropriate action is being taken to resolve the
- Be mindful of retaliation: If you filed a formal complaint against your supervisor or coworker for discrimination, they may demote you, demean you or even attempt to terminate your employment. These are all forms of retaliation, which is against the law.
- File a complaint with the Department of Fair Employment and Housing (“DFEH”): If you are being discriminated against and your employer is unresponsive or has retaliated against you, you can file a complaint with the DFEH and have this agency investigate your complaint and the employer on your behalf. Be cognizant of important statutory deadlines. A complaint must be filed with the DFEH within 3 years of the most recent discriminatory conduct. If the DFEH issues you a Right to Sue Notice, any litigation related to the cover discriminatory conduct must be intitated within one year.
- Protect your legal rights: You should not delay and contact a knowledgeable Los Angeles employment attorney to protect your legal rights. There are often statute of limitations issues that you need to be aware of and an attorney will be the resource you need to guide you through the process.
Can temp workers file an employment lawsuit in Los Angeles, California?
- The Labor Code allows workers for staffing agencies to file employment lawsuits not just against the agencies that hire them but also against the company that hired the staffing agency or labor contractor.
- Labor contractors and staffing agencies are often accused of not properly paying their workers minimum wage or overtime, and not providing proper meal and rest breaks. In such cases, workers can file a lawsuit against the labor contractor and staffing agency, and also against the client employer.
What is the statute of limitation for filing an employment lawsuit in California?
- There are many statutes of limitations that can apply, depending on your situation and case. The list below is not meant to be exhaustive and cannot not address the nuances of each unique employment dispute.
- If you are a union employee, you have six months to file a claim that your employer breached your Collective Bargaining Agreement and that your union breached its duty to fairly represent you.
- You have three years from the date that you’ve most recently been harassed, discriminated or retaliated against to file a complaint of discrimination with the Department of Fair Employment and Housing (“DFEH”), and only one year from the issuance of a Right to Sue Notice by the DFEH to file a discrimination, harassment or retaliation lawsuit.
- You have one year to file claims for certain Labor Code penalties, and one year to file a lawsuit for defamation.
- You have two years to file most claims for wrongful termination or retaliation
- You have three years to file claims for your employer’s failure to pay you all wages or overtime you were legally entitled to