What Is Sexual Harassment?

Sexual harassment refers to any unwelcome sexual advances, requests for sexual favors, threats relating to sexual favors, verbal harassment of a sexual nature, physical harassment, and non-sexual conduct relating to an employee’s sex. The law in California does not prohibit trivial annoyances, teasing, offhand comments, or non-serious isolated incidents. It does, however, make it unlawful to harass someone so frequently or severely that it creates an offensive or hostile work environment, or that it results in adverse employment actions against the victim.

Does Sexual Harassment Have to Be Sexual in Nature?

No. Sexual harassment can refer to any offensive remarks, jokes, or conduct regarding an employee’s sex. For example, a coworker constantly making jokes about women workers can qualify as sexual harassment if it creates a hostile work environment for female employees. Any offensive comments or actions about someone’s sex can be harassment.

Do the Victim and Perpetrator Have to Be Opposite Sexes?

No. Although the majority of sexual harassment claims stem from employer-employee relationships of the opposite sex, there are cases in which both parties are the same sex. The sexes of the perpetrator and the victim do not matter in your claim. What matters is the conduct of the perpetrator and the consequences for you as the victim.

Can My Employer Fire Me If I Complain About Sexual Harassment?

Legally, no. It is against the law to terminate an employee for making a complaint about harassment or discrimination in the workplace, as well as to report safety code violations or other broken laws. If you lost your job shortly after complaining about sexual harassment at work, you might be the victim of wrongful termination. The same is true if you suffered any adverse employment action, including a demotion or pay cut.

Do I Need to Retain a Los Angeles Sexual Harassment Attorney?

If you have any doubts about your rights as an employee, questions about what to do, or concerns about how to get your job back or recover damages after sexual harassment, contacting a knowledgeable employment attorney can help.

Los Angeles Prevailing Wage Lawyer

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Los Angeles Prevailing Wage Attorney

The standards governing the wages paid to workers on public works projects are known as the California Prevailing Wage Law, sometimes referred to as the Prevailing Wage Law or the Davis-Bacon Act. Contractors and subcontractors must pay their workers the going rate for the trade and area in which the job is being done. A Los Angeles prevailing wage lawyer can help make sure your rights and interests are protected.

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Why Choose Us?

At Nosratilaw, A Professional Law Corporation, we know that the law surrounding prevailing wages can be complex. We can help you understand the law and advocate on your behalf to ensure that your rights are protected.

We are focused on defending workers in labor and employment claims. We are knowledgeable about the law and compliance requirements. We have an established, solid track record of success for our clients thanks to our dedication in pursuing justice for workers.

California Prevailing Wage Law

Any public works projects that receive funding from municipal or state entities must comply with the California Prevailing Wage Law. All building projects fall under this category, regardless of scale. A broad spectrum of trades are covered by the statute, including carpenters, plumbers, and electricians.

The Department of Industrial Relations (DIR) sets the going pay rates for each trade and area. Every year, the DIR changes the wage rates after conducting surveys on wages paid in each location.

In accordance with the law, contractors and subcontractors must also maintain thorough payroll records that include employee names, residences, hourly pay rates, and daily work hours. Additionally, certified payroll records for each employee must be kept on file by contractors and subcontractors for a minimum of three years.

Penalties For Breaking Prevailing Wage Laws

Most violations of prevailing wage laws occur by not paying workers their required amount, which can happen in a number of ways, including:

Paying less than the prevailing wage rate
Classifying workers as something they are not to pay them lower wages under the misclassification.
Not paying overtime
Failing to provide required benefits
Keeping inaccurate or false financial records
Submitting false records or failing to send records at all

There are severe penalties for contractors and subcontractors who violate the California Prevailing Wage Law. Those who violate the laws risk facing significant consequences. Contractors and subcontractors in Los Angeles that break the law risk having their business connections ruined as well as their reputations damaged as well. Some penalties include:

Fines
Being barred from participating in public works projects in the future
Required by the DIR to reimburse impacted workers for lost wages and other damages
Criminal charges being brought against the violators in instances of severe or persistent offenses, particularly in the circumstances surrounding falsifying records, intentionally underpaying workers, and instances of fraud
Work being suspended
Payments being withheld
Reputational damage

How A Los Angeles Prevailing Wage Lawyer Can Help

A prevailing wage lawyer is trained in the legal ramifications of prevailing wage statutes and rules. These attorneys are essential in making sure that contractors, subcontractors, and employers abide by the prevailing wage laws. They do a variety of tasks at work, such as counseling clients on compliance and defending them in court. A Los Angeles wage and hour attorney can assist you with the following:

Legal counsel. Attorneys focusing on prevailing wages counsel agencies, unions, contractors, and subcontractors on how to adhere to prevailing wage legislation. They assist clients in comprehending their responsibilities under federal and state prevailing wage laws.
Filing a claim. They support employees in submitting claims for underpaid prevailing wages and act as their advocate for obtaining unpaid pay from employers. To make sure that employees receive the compensation that they are legally entitled to, this may involve navigating challenging legal procedures.
Legal representation. Attorneys for prevailing wages represent clients in cases involving these claims. This may entail settling disputes amicably, defending clients in court, and appearing in administrative hearings before organizations such as the California Department of Industrial Relations (DIR).
Review your contract. Prevailing wage attorneys examine public works contracts to make sure the proper prevailing pay clauses are included and that the laws are followed. They assist clients in comprehending the meaning of these clauses and how to follow them.

FAQs

What Is the Prevailing Wage Law in California?

According to California’s Prevailing Wage Law, employees working on public works projects must be paid compensation that is consistent with the rates and benefits that are typical for similar kinds of employment in the community. The California Department of Industrial Relations (DIR) sets these rates, which are meant to provide equitable compensation and avoid undermining regional wage norms.

What Types of Projects Are Covered Under Prevailing Wage Laws in California?

The types of projects that are covered under prevailing wage laws in California include all public works initiatives supported by public funds. This covers work involving installation, repair, destruction, and modification. Moreover, any privately funded projects constructed on public property may be included, as well as initiatives carried out by state and local governments.

What Are the Penalties for Violating Prevailing Wage Laws in California?

Penalties for violating prevailing wage laws in California include paying fines, paying back pay to employees, paying interest on that back pay to employees, debarment from receiving public works contracts, and, in extreme cases, a criminal record. Criminal charges may apply in instances of repeated criminal behavior, such as fraud or falsifying records.

What Are Fringe Benefits in Prevailing Wages?

Fringe benefits are a mandatory part of prevailing wage rates. These benefits can include health insurance, retirement plans, vacation pay, and other similar benefits. Employers can provide these benefits directly or pay their equivalent in cash as part of the hourly wage. The total compensation must meet or exceed the prevailing wage rate set by the DIR.