Skilled Employment Law Lawyer in California
The California employment law attorney, Aryeh Leichter, founded the Leichter Law Firm, APC to ensure employees throughout the state had access to experienced legal representation no matter where they live or work.
When an employer, coworker, or another agent of their employer exhibits wrongful behavior in the workplace, California workers need help pursuing the legal remedy that is right for their unique circumstances.
That is what the Leichter Law Firm, APC provides.
If you have been discriminated against, sexually harassed, or misclassified, contact a California employment law attorney today to learn more about your legal rights and options to hold your employer liable for your mistreatment.
The Leichter Law Firm, APC California Employment Law Attorney Practice Areas
The employment law lawyer in California at the Leichter Law Firm, APC understands that many employees brush off workplace misconduct, or simply believe it will stop if it is ignored.
Other times, this unlawful behavior can be disguised by the perpetrator as a misunderstanding.
The reality is, workplace misconduct is not only demeaning but also illegal. The California employment lawyer at the Leichter Law Firm, APC represents clients who have suffered workplace abuse 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 been the target of unlawful treatment in the workplace, you do not have to face your employer on your own. Contact the California employment lawyer at the Leichter Law Firm, APC to discuss your legal options today.
Can I Pursue My Employer for Age Discrimination in California?
In California, employees 40 and older are protected from age discrimination by both state and federal laws.
The California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission prohibits employers from engaging in adverse employment actions based on age.
If you work for a company with 20 or more employees, the Age Discrimination in Employment Act of 1967 protects certain employees who are over 40 from discrimination based on age in hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment.
If you are over 40 and believe you are being discriminated against in any capacity for your age, contact the skilled California employment law attorney at the Leichter Law Firm, APC today to discuss your case during a free consultation.
Can I Pursue an Employer for Disability Discrimination in California?
When a qualified individual with a disability applies for a position or is already an employee of a California company is treated unfavorably because of his or her condition, it may be interpreted as disability discrimination.
An individual with a disability is legally described as a person who:
- Has a physical or mental impairment that limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
The U.S. Equal Employment Opportunity Commission, Americans with Disabilities Act, California’s Americans with Disabilities Act, and the Rehabilitation Act all protect disabled workers on both state and federal levels.
If you believe you are being discriminated against or treated unfavorably because of a disability, contact the skilled California employment lawyer at the Leichter Law Firm, APC today to schedule a free consultation.
What State and Federal Laws Protect Pregnant Women in the Workplace?
Both state and federal laws require employers to give pregnant employees the same workplace accommodations provided to temporarily disabled employees, or to those who are on leave for health conditions.
Notable laws that protect pregnant workers include the:
- Family and Medical Leave Act
- Americans with Disabilities Act
- California Fair Employment and Housing Act
- California Family Rights Act
- Pregnancy Disability Leave
If you believe you have been subjected to adverse treatment or discriminated against because of your pregnancy or childbirth, contact the skilled California employment law attorney at the Leichter Law Firm, APC today to discuss your circumstances during a free consultation.
Who Is Liable for Sexual Harassment in the Workplace?
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.
Whether the sexual harassment was non-verbal, verbal, physical, or made through sexual requests or threats, or perpetrated by a male or female, multiple parties may be liable for the harmful conduct.
They may include:
- Company owners
- Supervisors or Managers
- Employees
- Vendors
- Customers
You do not have to be subjected to sexual harassment at work. Not only is it physically, emotionally, and psychologically damaging it is illegal. Contact the skilled employment law lawyer at the Leichter Law Firm, APC today for help.
Can I Pursue My California Employer for Breach of Contract?
An employment contract may be oral or written, express, or implied, and is an enforceable agreement between the employer and employee and becomes controlling upon the employment relationship.
If the terms or conditions of the employment contract are breached, the employment law attorney at the Leichter Law Firm, APC will provide employees with the legal guidance they need to enforce the initial terms that were agreed upon.
Who is Considered an Independent Contractor in California?
The California Labor and Workforce Development Agency introduced an ABC test to help distinguish between employees and independent contractors.
The ABC test requires an individual to be labeled as an employee unless the hiring company can prove the worker:
- Is free from the company’s direction or control while performing their duties
- Performs work that is outside the usual course of the hiring entity’s business
- Is routinely engaged in an independently established trade, occupation, or business of the same nature as the work performed
California employers may misclassify employees to avoid paying minimum wage or overtime pay, payroll taxes, workers’ compensation coverage, or health insurance. Independent contractors are also not afforded rest and meal breaks, medical leave, or paid time off.
Avoiding these expenses by misclassifying an employee as an independent contractor in California is not only unfair to those they hire, but it is also illegal.
If you believe your employer has misclassified your employment as an independent contractor, the California employment law lawyer at the Leichter Law Firm, APC wants to help you hold them liable for their unlawful categorization.
What Can I Do If My California Employer Is Not Keeping Accurate Residential Apartment Manager Records?
Based on the location of the California apartment complex the employee is managing, the city may have a higher wage requirement than California’s minimum wage, thereby requiring employers to comply with the city’s higher amount.
No matter how many workers the apartment complex employs, or where it is located, the employer is responsible for keeping accurate management records.
When they do not, there may be pay discrepancies, and fair employment opportunities may be violated.
If you believe your residential apartment manager employer is not paying the minimum wage or overtime pay requirement provided by law, he or she has the burden of proof to dispute your accounting.
Contact the California employment law attorney at the Leichter Law Firm, APC today to discuss your unique residential apartment manager legal needs today.
Contact the Leichter Law Firm, APC Employment Law Lawyer in California
Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in California, 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.
Frequently Asked Questions for Employment Law in California
What is the minimum wage is California?
As of January 1, 2023 the minimum wage for the state of California is $15.50 an hour. This is for both companies that have 26 or more employees and those with 25 or less.
Can my employer fire me for no reason in California?
California is an “at-will” employment state, which means that, in general, an employer can terminate an employee for any lawful reason or no reason at all, as long as it is not for a discriminatory or retaliatory purpose. However, there may be exceptions and limitations to at-will employment, such as certain contractual agreements, implied promises, or statutory protections.
What are the anti-discrimination laws in California?
California has robust anti-discrimination laws to protect employees from various forms of discrimination. The primary anti-discrimination law in California is the California Fair Employment and Housing Act (FEHA). FEHA prohibits discrimination based on protected characteristics, including but not limited to race, color, religion, sex, national origin, disability, age, and genetic information. FEHA applies to employers with five or more employees and covers various aspects of employment, including hiring, firing, promotion, compensation, and working conditions.
Can my employer require me to sign a non-compete agreement?
Generally, non-compete agreements in California are heavily restricted and may not be enforceable, with limited exceptions. California Business and Professions Code Section 16600 declares non-compete agreements as void and unenforceable, except in certain limited situations, such as in connection with the sale of a business or for certain categories of professionals.
What meal and rest breaks am I entitled to as a California employee?
California labor laws provide specific requirements for meal and rest breaks. In general, non-exempt employees (i.e., employees entitled to overtime pay) are entitled to a 30-minute unpaid meal break if they work for more than five hours in a workday. If an employee works more than ten hours in a workday, they are entitled to a second 30-minute unpaid meal break. Additionally, employees are entitled to paid rest breaks of at least 10 minutes for every four hours worked or major fraction thereof. Employers generally must provide these breaks, but there are certain exceptions and specific rules that apply.
In California is it mandatory to pay out paid time off when an employee quits?
Whether you were fired or if you quit your employer does have to pay out your vacation days or POT with your final paycheck.
How long do you have to file an employment related claim in California?
The timeframe to file an employment-related claim in California depends on the specific claim and the agency or court where the claim is filed. For discrimination cases you typically have one year from the date of discrimination. Wage and hour claims you typically have three years to file.
Can I negotiate my severance agreement?
Severance agreements are typically negotiable, and you have the right to negotiate the terms of the agreement with your employer. Severance agreements often include provisions related to severance pay, continuation of benefits, non-disclosure agreements, non-compete clauses, and more. You can negotiate various aspects of the agreement, such as the amount of severance pay, the duration of continued benefits, or the inclusion of certain provisions.
Can my employer monitor my internet searches or read my emails?
In California, employers have the right to monitor employee internet searches and emails under certain circumstances. While employees generally have an expectation of privacy in their personal communications, employers may monitor work-related communications and use of company resources, including company-provided email and internet access.
Can my employer deduct wages from my paycheck?
Generally, employers cannot make deductions from an employee’s paycheck unless authorized by law or with the employee’s written consent. The deductions required by law include taxes, court-ordered wage garnishments, and social security. It’s important to note that any authorized deductions must not bring the employee’s wages below the minimum wage or reduce the employee’s overtime compensation.