California Labor & Employment Lawyers
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- Employment Discrimination Attorneys
- California Labor & Employment Lawyers
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Whether you need a Los Angeles Employment Attorney, a Southern California Employment Attorney covering other areas, or an Employment Lawyer for any other region in the state, Consumer Attorneys has you covered.
As America’s largest credit reporting law firm with a thriving national employment law practice, we have 75+ years of combined experience, an A+ BBB rating, and $250+ million won. Trust us to take it from here.
There’s no power imbalance as outrageously unfair as the one between an employer and an employee. But if you’re searching online for a California Employment Litigation Attorney, you already understand this fact.
Your job is everything to you and your family. Working hard is how you afford housing, food, clothing, transportation, medical care, school supplies, utilities, and even money to spend on fun things, too.
Work should be a safe place where your rights and dignity are respected. Unfortunately, many workers in California are subjected to unlawful treatment, discrimination, exploitation, or harassment, causing them undue stress and often forcing them out of stable jobs. Whether it's facing bias for being a part of the LGBTQ+ community, enduring inappropriate sexist or racist comments, being unfairly dismissed because of a disability, or being shorted money you are rightfully owed, too many employees face harmful and illegal practices.
When you’re trapped in an employment nightmare, being exploited, undervalued, overworked, underpaid, discriminated against, sexually harassed, denied FMLA, or retaliated against for speaking up, literally everything is at stake.
Our team of California Employment Attorneys helps clients navigate every toxic workplace situation imaginable, from labor and employment disputes over unpaid wages and overtime to discrimination and retaliation situations based on bigotry, stereotypes, and disrespect.
What is Labor and Employment Law?
If you’ve been researching workplace discrimination lawyers near me or labor law attorneys near me, you’ve come to the right place! Employment and labor law are often said to be the same thing, but they cover different areas of workplace regulation. Both are crucial in protecting employee rights, but they differ in their scope and application.
Labor Law
Labor law governs the relationships between employers and organized labor, such as unions. It involves union activities and the negotiation of wages, hours, and working conditions. Labor law ensures that unions and employers maintain a balanced power dynamic, preventing unfair labor practices and ensuring workers have a voice in their employment conditions.So, labor law attorneys for employees cover all of the categories that fall under this area.
Employment Law
Employment law focuses on individual relationships between employers and employees. This area focuses heavily on anti-discrimination laws, workplace safety regulations, wrongful termination protections, and every aspect of wage, hour, overtime, and equal pay disputes. Employment law is in place to ensure that employees are treated fairly, protected from harassment and discrimination, and have access to benefits and accommodations that they are entitled to.
Our Labor & Employment Lawyers ONLY Work for YOU!
Some Labor and Employment attorneys represent an exploited employee one day and an exploitative employer the next, with no allegiance to doing what’s right. At Consumer Attorneys, representing the people is our ONLY focus. This is why we’re America’s largest credit reporting law firm, fighting uncaring credit bureaus and callous background check companies on behalf of consumers harmed by their mistakes. And it’s why our national employment law practice is a coast-to-coast powerhouse!
We are advocates for the individual. For the people. For YOU. We restore fairness, safety, and equity to the workplace, one employee at a time. We help real people harmed by real employment problems, and NEVER help the employers or corporations who create them.
Types of California Employment Law We Can Help With
Anything and Everything!
If it’s happening to you at work, whether you believe and suspect you know what’s going on, or you have blatant proof, we can help. Our experience as a national litigation firm, active consumer advocates, and legal thought leaders means that we know how to apply every relevant federal law to each individual employment situation. If you’re suffering from stress, anxiety, sleeplessness, fear, worry, income loss, economic exploitation, or more, we can help you! And since employee rights are also heavily impacted by the laws of the state where you live, we have a highly nuanced knowledge of the best California Employment Attorney practices to build the strongest case possible and get you back to where you deserve to be as quickly as possible. We believe in the people, which is why we are lawyers for employees’ rights and protection.
Below are some problems our attorneys can assist with.
Type of Employment Law Problem & Attorney | Explanation of Employment Law Problem | Example of Employment Law Problem |
---|---|---|
Marital Discrimination Lawyers | Discriminatory practices based on marital status are illegal | An employee is demoted after returning from her honeymoon, with the employer citing concerns about her dedication |
Military & Veterans Discrimination Lawyers | Military personnel and veterans are protected from discrimination | A veteran is denied a job due to their deployment history, violating federal and state laws |
Ethnicity and National Origin Lawyers | Discrimination based on ethnicity, ancestry, or national origin is illegal | An employee of Middle Eastern descent is given fewer opportunities for advancement |
Labor Law Attorney | Covers things like unpaid wages and improper worker classification | A delivery driver is misclassified as an independent contractor and denied benefits and overtime pay |
Disability Discrimination Lawyers | Discriminating against people with disabilities is not allowed | An employee with a hearing impairment is denied reasonable accommodations such as assistive technology during meetings |
Sexual Orientation Attorneys | Discrimination based on sexual orientation or perceived sexual orientation is illegal | A lesbian employee is consistently subjected to homophobic comments and jokes, creating a hostile work environment |
Paternity and Maternity Attorneys | Discrimination based on pregnancy, parental leave, or family responsibilities is prohibited | A father is denied parental leave after the birth of his child, despite California law guaranteeing paternity leave |
Medical and Health Discrimination Lawyers | Discriminatory practices based on medical conditions is a type of disability discrimination | An employee undergoing chemotherapy is treated unfairly by their employer, who refuses to accommodate their treatment schedule |
Criminal Conviction Discrimination Attorneys | In California, it is illegal to consider an applicant’s criminal history before extending a conditional offer for employment | A job applicant with a past conviction is turned down without the employer considering whether the conviction is relevant to the job duties |
Sexual Harassment Lawyers | Sexual harassment in the workplace is a grave issue that creates hostile and unsafe environments | A female employee is subjected to comments about her body and how she dresses. Despite complaints, management fails to intervene |
Racial Discrimination Lawyers | Racial discrimination is illegal, but many employees still face this issue in the workplace daily | A Black employee is subjected to racial slurs by coworkers and denied promotions despite being qualified |
Sex and Gender Discrimination Lawyers | Discrimination based on gender or sex can take many forms, such as unequal pay or unfair promotion practices | A woman is denied advancement opportunities because her employer believes men are better suited for leadership roles |
Age Discrimination Lawyers | Employees aged 40 and older are protected from discrimination based on age | A 55-year-old employee is replaced by a younger, less-qualified worker because the employer believes the younger employee will accept a lower salary |
Pregnancy Discrimination Attorneys | Discrimination based on pregnancy or related conditions is illegal | A pregnant employee is demoted after requesting maternity leave, even though California law protects her right to take time off |
Religious Discrimination Attorneys | Employers must provide reasonable accommodations for employees’ religious beliefs and practices | An employee asks for time off to observe a religious holiday, but the employer refuses to grant the request, which is a violation of their rights |
Wrongful Termination Lawyers | A wrongful termination occurs when an employee is fired for unlawful reasons, such as discrimination or retaliation | An employee is terminated after reporting unsafe working conditions to the state, which qualifies as wrongful termination |
The Laws that Protect Your Rights as an Employee
Federal, state, and local laws apply and sometimes enhance protections, depending on the specific area where you live. The laws referenced below are just a small glimpse into the full picture of legal protections available.
Wage & Hour Disputes
A wage and hour attorney in Los Angeles or anywhere else in California is primed to guide you through the nuances of this area of the law, helping with any of the following scenarios and more.
- California Minimum Wage Rights: Several different California laws work together to create the state’s legal minimum for hourly workers. The current minimum wage for California is $16 per hour state-wide for everyone, but local municipalities may have higher minimums, and fast-food workers have a $20 per hour minimum. Some employers try to find creative ways to avoid meeting this requirement.
- California Overtime Pay: California has specific overtime laws, including California Labor Code 510, that specify when certain hours and situations trigger the obligation to pay an employee time and a half or even double the regular rate. Some employers intentionally misclassify employees as salaried to avoid this obligation or play games with tracking or allotting hours.
- California Meal and Rest Break Rights: Under California Labor Code 512 and other laws, employees have the right to allotted meal and rest breaks triggered by a certain number of hours worked. Some employers attempt to push breaks to the end of a shift or intimidate employees away from using their legally sanctioned breaks.
- California Improper Paycheck Deductions: There are only certain specified things that can be deducted from a paycheck. Some employers intentionally or mistakenly make inappropriate deductions. There are circumstances under which an employer can deduct wages from an employee's paycheck, and certain wage garnishments are permitted, but these activities are highly regulated under several laws, including California Labor Code 221 & 224.
- California Pay Stub and Pay Rate Rights: Not only do employers have to pay employees what they’re rightfully entitled to under minimum wage, overtime, and deduction laws, but they must also follow legal guidelines under California Labor Code 226 for how this information is presented to their employees. This helps ensure that all regulations are being met and that each employee understands very clearly why they get paid what they get paid.
Unpaid Wages & Overtime
- California Unpaid Wages: Employers must pay their employees on time, and they are subject to fines and penalties for failing to meet this standard under California Labor Law 210. Employers can be subject to fines and penalties for not paying earned wages. This also applies to “final” wages when an employee leaves a job or contract. Unpaid wages attorneys are highly adept at navigating this sometimes complicated legal terrain.
- California Unpaid Overtime: The prohibition on the withholding of wages similarly applies to any wages earned at overtime rates and complements California Labor Code 510. As a rule, if you’ve earned it, you are entitled to receive it. The California overtime lawyers at Consumer Attorneys can help you recover what you’re rightfully owed.
Equal Pay
- California Equal Pay: The California Equal Pay Act legally requires an employer to pay its employees of the opposite sex the same rate for the same work. Some employers try to get around this law by essentially pretending that one job is somehow meaningfully different than another, but it is possible for courts to determine that job responsibilities, experience, and talent are substantially the same for different jobs, even if the job titles are different.
Retaliation
- California Retaliation Laws: The California legislature passed legal measures to protect employees who speak up and speak out about unfair pay, discrimination, or any other affirmative employee rights issue. Senate Bill 497 creates a legal presumption of retaliation by the employer if certain actions are taken within 90 days of the employee’s attempt to enforce legal protections under the labor code.
Whistleblower
- California Whistleblower Laws: Both federal and state protections apply to whistleblowers, which are people who report employers for allowing or creating circumstances that amount to systemic illegal activity or a threat to public health and safety. This includes things like reporting an employer for abuse, corruption, fraud, waste of public funds, environmental destruction, exploitation of a vulnerable population, cover-ups, etc. If you’re in a scenario like this, you’ll need a whistleblower attorney in California, and Consumer Attorneys can help.
Discrimination
California’s Fair Employment and Housing Act, along with others on the state and federal level, creates significant protections for employees subject to discrimination, sexual harassment, firings, hiring refusals, promotion denials, or any other form of unjust behavior based on certain protected characteristics, beliefs, statuses, etc. Some of the most common areas of discrimination that we can help with, include:
This means that whether you're looking for a Los Angeles age discrimination lawyer, a sexual harassment lawyer in Los Angeles, or a Los Angeles lawyer for any other discriminatory treatment in the workplace, Consumer Attorneys can help.
Wrongful Termination
- California Wrongful Termination: This umbrella term covers being fired for basically every other reason identified as grounds for a legal claim under labor and employment law. If an employee is fired due to discrimination or retaliation for speaking up for workplace fairness, justice, or equal pay, then California’s Fair Employment and Housing Act, along with others on the state and federal level, creates significant protections. Our Los Angeles wrongful termination lawyers are well-versed in the laws that help protect your rights and get your career back on track.
FMLA & CFRA Denials
- California Leave Denials: The California Family Rights Act (CFRA), along with the FMLA, supports the right to fair and reasonable leave requests that fall within the purview of the law. This can include maternity/paternity leave (including for adoption), personal medical leave, or family-care-related leave.
Are There Limits on How Long You Have to Sue an Employer in California?
Yes! There are time limits, also known as statutes of limitations, that determine how long an employee has to file a lawsuit against an employer who has violated any of the relevant labor and employment laws. While there is some variance in these time limits, depending on the specific facts of the case, the laws in question, and other factors, it is generally true that an employee has the following time limits:
- 1 year from when an employee receives a “Right to Sue” notice.
- 3 years from non-payment for employee wage disputes.
Is working with a lawyer necessary?
The answer to this question is actually no. In fact, some people even defend themselves in criminal murder trials. Is this example dramatic? Yes - of course it is! However, it also highlights the fact that the legal system leaves space for self-representation in most instances.
This is why a better question is… can a highly skilled and experienced labor and employment lawyer help me and optimize my chances of a successful outcome? The answer to this question is almost always yes.
It is nearly impossible to overstate the value of legal experience when it comes to navigating your way through the complexities and nuances of the law. This is especially true when you’re going up against your employer, and your career, income, and well-being are on the line.
Let us put our training, experience, knowledge, and talents to work for you. You can trust us to take it from here.
Which Lawyer Should I Hire?
Choose one of our Los Angeles employment attorneys with a proven track record in handling high-stakes wage and hour cases, discrimination cases, and others, including securing significant recoveries for employees affected by wage theft. Avoid lawyers who rush through cases, resulting in inadequate compensation for wronged workers. If employers refuse reasonable settlements, ensure your lawyer has the courtroom experience to prosecute your claim effectively. Our labor and employment attorneys offer the experience and trial advocacy needed to recover what you are owed.
What Are the Key Stats About Labor and Employment Lawsuits?
Americans file thousands of employment-related complaints annually and the Equal Employment Opportunity Commission (EEOC) keeps track of important statistics. Here are just a few you might find interesting.
- The EEOC received 81,055 new charges of discrimination in 2023, a more than 10% increase over the number of charges filed the previous year.
- A study by the EEOC found that thousands of women reported having experienced sexual harassment in the workplace and that 78% of the sexual harassment claims between 2018 and 2021 were filed by women.
- Between 2017 and 2020, more than 20,000 wage theft complaints were filed, and over $3 billion in stolen wages were recovered on behalf of workers, according to the United States Department of Labor.
- In 2019, more than 72,000 employment discrimination charges were filed with the EEOC.
- Employment discrimination, a significant aspect of civil rights law, accounted for nearly a third of all federal workplace civil rights lawsuits from 1997 to 2017.
Contact Us Today for a Free Consultation
California offers employees extensive legal protections under its labor and employment laws, safeguarding workers’ rights in areas such as bargaining, wages, overtime, discrimination, harassment, leave, accommodations, retaliation, and termination.
While every case is unique, our commitment remains unwavering: to advocate tirelessly for the rights of working people and fight for equal opportunities in the face of injustice.
California Labor & Employment Lawyers
Daniel Cohen
Frequently Asked Questions
To know if you have a claim for employment discrimination, you should evaluate whether your employer has treated you unfairly based on protected characteristics, such as race, gender, age, disability, or sexual orientation. Discrimination can manifest in hiring, firing, promotions, compensation, or other terms of employment. Keep records of any discriminatory actions or comments. Federal laws like the Civil Rights Act (Title VII) and California’s Fair Employment and Housing Act (FEHA) protect employees from such discrimination. If you believe that you were treated unjustly due to one of the factors mentioned, you may have a valid claim.
Hiring an attorney is highly recommended when filing a labor and employment lawsuit. Employment laws are complicated, and having a thorough lawyer can ensure that your protected rights are upheld throughout the process. They can help you gather the necessary evidence, guide you through legal procedures, and negotiate with your employer. Additionally, an attorney can assess the strengths of your case and advise you on the best next steps, whether that’s filing a lawsuit, negotiating a settlement, or pursuing other remedies. Without legal representation, you may miss important deadlines, misunderstand your legal options, or fail to maximize your compensation.
When choosing an attorney in Encino to help with your case, look for a lawyer with specific experience in labor and employment law. You should verify their track record of handling cases similar to yours, whether it involves discrimination, harassment, wrongful termination, or wage disputes. Schedule case evaluations with prospective lawyers to discuss your case, their approach, and fee structure. Additionally, ensure the attorney is familiar with California labor laws, particularly the Fair Employment and Housing Act (FEHA), and is in good standing with the State Bar in California. An experienced attorney at Consumer Attorneys in Encino will give you confidence in navigating your case effectively.
Proving an employment discrimination claim requires gathering evidence that shows you were treated unjustly based on a characteristic that is protected. This evidence can include emails, text messages, performance reviews, witness statements, or documentation of discriminatory actions. For example, if you were denied a promotion while less qualified employees were promoted, you should collect evidence of your qualifications and the discriminatory behavior. Additionally, keeping a written record of incidents, including dates and specific details, can be crucial. You can file a complaint with the Department of Fair Employment and Housing (DFEH) in California before proceeding with a lawsuit. A lawyer can assist with compiling and presenting this evidence effectively.
Yes, you can still file an employment claim even if you quit your job. If your resignation was due to intolerable working conditions or discrimination, it might be considered a “constructive discharge.” Constructive discharge is when an employer creates so much of a hostile work environment that a reasonable person would feel forced to resign. In these cases, the law treats your resignation as an involuntary termination, allowing you to pursue claims for discrimination, harassment, or wrongful termination. It’s essential to consult with an attorney to determine whether your situation qualifies and how to proceed with filing a claim after quitting.
No, it is illegal for an employer to withhold your paycheck. Under California labor law, employers are required to pay employees for all work performed, including overtime. If your employer refuses to pay your wages, they are violating the California Labor Code. You should consider filing a wage claim with the California Labor Commissioner’s Office or take legal action. In cases of wage theft, you may be entitled to recover the unpaid wages, penalties, interest, and attorney fees. If you experience threats regarding your paycheck, document the circumstances and get legal advice immediately.
In California, several laws protect you from employment discrimination. The primary law is the Fair Employment and Housing Act (FEHA), which prohibits discrimination based on race, gender, disability, age, sexual orientation, religion, marital status, and more. Also, the Civil Rights Act of 1964 (specifically Title VII) protects employees from discrimination based on race, color, religion, sex, and national origin at the federal level. The Americans with Disabilities Act (ADA) provides additional protections for people with disabilities, and the Age Discrimination in Employment Act (ADEA) protects workers aged 40 and over. These laws collectively safeguard employees from discrimination in hiring, firing, promotions, and workplace conditions.
It depends. In California, it may be possible to receive both workers' compensation and disability benefits under certain circumstances. Workers' compensation benefits are typically provided if you are hurt or become sick as a result of your job. These benefits cover medical expenses and a portion of lost wages. On the other hand, state disability benefits (SDI) can apply if you have a non-work-related injury or illness that prevents you from working. However, you generally cannot receive both benefits under the same conditions. If you qualify for both due to separate conditions, it’s important to consult with an attorney to ensure compliance with state laws and avoid potential conflicts.
If you believe your employer retaliated against you after engaging in an activity that is protected, such as reporting harassment, discrimination, or unsafe working conditions, you may have a retaliation claim. Retaliation can include firing, demotion, reduced hours, negative performance reviews, or creating a hostile work environment. To show your employer has engaged in retaliatory behavior, you must prove that you engaged in an activity that is protected, suffered an adverse action, and that there is a connection between the two. Document any retaliatory behavior and seek legal advice. If retaliation is confirmed, filing a lawsuit may be the best course of action to recover damages (money) and protect your rights.
In California, you typically have to file a lawsuit for employment discrimination within 365 days of receiving a “right-to-sue” notice from the California Department of Fair Employment and Housing (DFEH). Before filing a claim in court, you should first file a complaint with the DFEH, which will research the claim. If your claim is successful, the DFEH may issue the notice, allowing you to take your case to court. For federal claims under Title VII, the timeline is usually 180 days from the date of the discriminatory act. It's essential to act promptly and consult with Consumer Attorneys to ensure that you meet all required deadlines.