Employment Lawyer in Burbank, California
The Leichter Law Firm, APC, founder, and employment law attorney in Burbank, Aryeh Leichter, focuses on providing California workers with the legal protection and enforcement they need when any type of workplace wrongdoing disrupts their ability to do their jobs.
With nearly 104,000 people calling Burbank home, employees need a trusted legal advisor who can pursue tangible results when they have been discriminated against, misclassified, or subjected to a hostile work environment.
The California employment lawyer at the Leichter Law Firm, APC provides the legal representation and guidance employees need to make informed decisions about their cases and their futures.
He can help you understand how the local, state and federal laws protect your employment rights too, starting with a free consultation.
Leichter Law Firm, APC Employment Law Attorney in Burbank, California Practice Areas
Aryeh Leichter represents employees who have had their workplace rights violated in the following practice areas:
- Age Discrimination
- Breach of Employment Contracts
- Disability, FMLA, CFRA
- Independent Contractor Claims
- Overtime Misclassification
- Pregnancy Discrimination
- Residential Apartment Manager
- Review of Severance Agreement
- Sexual Harassment
If you have suffered from adverse conditions, intimidating circumstances, or other illegal employment situations, contact the skilled employment law attorney in Burbank at the Leichter Law Firm today to schedule a free consultation.
How Do I Know If I Am Being Misclassified as an Independent Contractor in Burbank, California?
The Leichter Law Firm, APC Burbank employment lawyer knows that employers often misclassify employees as independent contractors to lower their employment costs.
Employees are entitled to minimum wage and overtime pay, are subject to payroll taxes, including Social Security and Medicare taxes, are required to be provided with medical leave and paid time off, rest and meal breaks, unemployment, disability, and health insurance, and workers’ compensation coverage.
When employers misclassify employees as independent contractors, none of those expenses apply, which can save an exorbitant amount of money.
To determine whether you are an independent contractor or employee, the California Labor and Workforce Development Agency introduced an ABC test.
The test requires an individual to be labeled as an employee unless the hiring company can prove the worker:
- The person is free from the company’s direction or control while performing their duties
- The person performs work that is outside the usual course of the hiring entity’s business
- The person is routinely engaged in an independently established trade, occupation, or business of the same nature as the work performed
If you believe you have been misclassified as an independent contractor, instead of an employee, contact the experienced employment law attorney in Burbank, California today to discuss the details of your employment and get the legal help you need.
Overtime Misclassification Attorney in Burbank, California
Another reason employers may misclassify employees as contractors is to avoid paying overtime wages.
California employers must pay non-exempt employees overtime pay when they work over 40 hours a week, according to both the California Labor Code and Fair Labor Standards Act (FLSA) that regulates minimum wage, overtime wages, overtime eligibility, and governs California overtime laws.
When misclassification is an issue, it is often because an employer will list a worker as exempt.
California employers may legally deny overtime pay to exempt employees identified by the FLSA – which includes independent contractors.
The other five exemption categories include:
- An administrative exemption applies to a certain office or non-manual workers whose duties and responsibilities are directly related to management policies or the general business operations of their employer or employer’s customers.
- A professional exemption applies to certain professionals licensed or certified by the State of California and primarily engaged in the practice of a recognized profession such as medicine, education, architecture, or engineering.
- An inside sales exemption applies to salespeople who earn a base pay and commission more than 1.5 times the current California minimum wage requirement.
- An executive exemption applies to company executives and high-level managers who customarily and regularly direct the work of two or more other employees who have the authority to hire or fire other employees or whose suggestions and recommendations are given weight.
- A computer professional exemption applies to computer workers in independent, creative environments such as computer programmers and systems analysts.
While most exempt employees earn a salary greater than two times the current California minimum wage as required by the administrative, professional, and executive exemptions, their roles may require working extended hours without receiving fair compensation.
Who Can Be Held Liable for Sexual Harassment in a California Workplace?
At the Leichter Law Firm, APC, the sexual harassment attorney in Burbank knows how humiliating it can be to endure a hostile working environment day after day.
Unfortunately, sexual harassment is more than demeaning, it can make the affected employees fear for their safety.
Title VII of the Civil Rights Act of 1964 makes it illegal for all employers in California and throughout the U.S. to allow anyone to be sexually harassed at work, regardless of that person’s sex, gender, or sexual orientation.
The most common types of sexual harassment in the workplace may include, but are not limited to:
- Non-Verbal Sexual Harassment
- Verbal Sexual Harassment
- Physical Sexual Harassment
- Sexual Requests or Threats
Sexual harassment is any unwelcome or unwanted sexual conduct and can be perpetrated by both male and female employees who are:
- Company owners
If you have suffered from sexual harassment in the workplace, contact the experienced Burbank employment law attorney at the Leichter Law Firm, APC today to schedule a free consultation to discuss your case in a confidential setting.
Contact the Leichter Law Firm, APC Employment Law Attorney in Burbank, California
Aryeh Leichter, the Leichter Law Firm, APC founder, and Burbank employment law attorney can help you pursue your employer for their unlawful behavior, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.