Common Questions About Employment Law Cases in Los Angeles (2024)

Posted on February 5, 2024 | By Omid Nosrati | Employment Law

Employment law covers a wide variety of situations in the workplace. The most common situations tend to include matters regarding wage and hour laws and workplace discrimination. Understanding the basics of employment law can be beneficial for both employees and employers to ensure fair treatment. For more information on common questions about employment law cases in Los Angeles, contact an experienced employment attorney.

What Are Common Types of Wage and Hour Law Violations?

Wage and hour laws refer to policies that regulate how much an employee must be paid for their work performed. They also regulate things like breaks and additional compensation for excessive work in a typical work day or week. When these laws are broken, they are often due to common issues, including:

• Misclassification: If a worker is an independent contractor, they do not qualify for the same benefits as traditional employees, like breaks and overtime pay. California has specific legislation on what defines a worker as an employee or independent contractor, and this is sometimes used in cases regarding employment law.
• Payment Times: In most cases, employees in Los Angeles must be paid at least two times monthly. Employees must also be informed of when they will be paid before their first payment. Wages for hours worked during specific dates must usually be paid within ten days after the end of the pay period.
• Final Wages: There is also extensive legislation in California about an employee receiving their final wages after parting ways with the company. There are specific time limits to when an employee can receive their final paycheck depending on whether they were fired or resigned and if they have any penalties for noncompliance.
• Sufficient Breaks: Most employees in Los Angeles are entitled to both paid and unpaid breaks, depending on how long of a shift they will work. In addition, employers cannot undermine these breaks by making employees stay at work during them or recommending they skip them.

All of these cases could potentially have merit for an employment law claim, depending on the circumstances. Contact an employment attorney to evaluate your case and determine whether filing a claim is right for you.

What Is Employment Discrimination in Los Angeles?

In Los Angeles, an employee has the right to receive equal treatment regardless of their unique characteristics like race, sex, religion, or veteran status. If they do not receive equal treatment, this is considered discrimination and is illegal under California law. Common forms of discrimination include:

• Adverse Actions: If an employer takes a negative action against an employee, they must do so for a reason outside an employee’s protected class. Actions like not hiring, firing, or demoting employees due to their membership in a protected characteristic or group are examples of discrimination.
• Adverse Policies: In some cases, an employer might not target a specific employee, but they might develop new company policies that inadvertently affect employees with certain protected characteristics. For example, a policy that benefits spouses of different genders but not spouses of the same gender might count as disparate impact discrimination due to an employee’s sexual orientation or gender identity.
• Accommodations: An employer must attempt to provide reasonable accommodations to certain employees with disabilities and other protected characteristics. For example, they must provide things like alternate tasks for employees with mobility issues or specific times and locations for employees with specific prayer needs due to their religious traditions.
• Harassment: Even if an employer does not directly harass an employee, it is still their responsibility to prevent harassment from happening. If an employer knows about harassment that is happening and does not do anything to stop it, they can still be liable for employment discrimination.

FAQs

Q: What Are Common California Labor Law Violations?

A: There are many different ways that employers violate employment laws in Los Angeles. Examples include:

• Incorrectly classifying employees as independent contractors to avoid giving them additional benefits and protections
• Not tracking or paying overtime for non-exempt employees or falsely classifying employees as exempt from overtime
• Retaliating against employees who file complaints by firing them, demoting them, or taking other negative actions against them

If you have questions about whether your employer’s actions constitute a violation of employment law, contact a Los Angeles employment lawyer.

Q: What Makes California’s Employment Laws So Unique?

A: California is known for having employment laws that benefit workers more than the laws in other states, including:

• A higher state minimum wage ($16.00 an hour as of 2024)
• Additional information is made available to employees about their pay, their pay stubs, and what available sick leave they have
• Additional reasons for an employee to take a leave of absence, including time spent in military service, voting, having children, or bereavement

Q: What Is Wrongful Termination in California?

A: In California, employees are considered at-will. This means that in most cases, both employee and employer are able to terminate an employment agreement at any time, as long as it does not violate wrongful termination laws. These laws prevent employers from firing employees due to the following:

• A protected characteristic like race, gender, disability, or age
• Taking legally protected leave like maternity leave or time off to vote
• Becoming a whistleblower and reporting illegal company activity

Q: What Questions Are Employers Forbidden From Asking?

A: Before going to an interview, it is important to know what information a Los Angeles employer should not be asking. Forbidden questions include asking anything about:

• National origin, including how long you have lived in the state or country. They are allowed to ask if you are authorized to work in the United States.
• Age, except for questions on age requirements for certain roles.
• Health status, except if the role requires specific health statuses to be performed effectively
• Criminal history. While this cannot be asked during the interview, it can be requested after a job offer is given.

Stand Up for Your Rights

Don’t let a lack of understanding of employment law prevent you from filing a claim against your employer. Working with an employment attorney can help you understand your options and potentially give you benefits due to an employer’s negligence or violation of employment law. The legal staff at Nosratilaw, A Professional Law Corporation, have unique knowledge of California’s additional laws surrounding employment to help your case. Contact us today.