California labor laws protect employees from, among other things: wrongful termination, discrimination, overtime pay, unpaid wages, vacation time, retaliation, and sexual harassment. When you think that you current or former employer violated your rights, call a Los Angeles employment lawyer for free legal advice.
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California Labor laws codify the responsibilities of employers to their employees. The primary reason behind implementing employments laws was to ensure that employees are protected from the wrongdoing by their employers. This protection ranges from many forms to discrimination to minimum wage and even workplace safety.
There is no denying that trying to fully comprehend California labor laws and employment law can be overwhelming. That’s why you need a Los Angeles employment lawyer and labor lawyer to fully understand it. Nakase Law Firm is here to help you find and understand all the information all in one place. Brad Nakase is a California labor lawyer who has help workers and employees in California since 2005.
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Although a California employer must ensure that his/her employees have a fair bit of understanding of the California labor and employment law, unfortunately, that doesn’t always happen as most employers intentionally or unintentionally keep their employees in the dark. As a result, employees have very little knowledge of their rights. What you need is a Los Angeles employment lawyer to help you understand your rights.
It is important to understand that when an employee tries to assert his /her right, that’s when things start to complicate. It is because most employers are represented by big employment law firms that charge a huge sum to save them once a lawsuit is filed against them. These employment law firms mostly succeed with their legal strategies that even include settling a lawsuit by intimidation or using other means. This is where Los Angeles employment lawyer Brad Nakase steps in to help employees as a trusted California labor lawyer.
Nakase Law Firm realizes the problems of employees because it is difficult for an employee to win a lawsuit against an employer who has an experienced California employment lawyer advising him/her on California State’s labor and employment law. Although an employee is protected by a lot of provisions in the California employment law, having knowledge of them and using them legally is the key to winning a lawsuit.
Nakase Law Firm prides itself on protecting workers and employees. We have the knowledge and extensive experience of using the provisions in California labor and employment law to help you fight back.
What types of cases does an Los Angeles Employment Lawyer handles?
At Nakase Law Firm, we have vast expertise in handling all areas of California labor and employment law cases, including but not limited to:
According to the Fair Employment and Housing Act (FEHA), public employers, private employers, employment agencies, and labor organizations are prohibited from discrimination in the workplace. Harassment is prohibited by the FEHA in all workplaces, even the ones that have fewer than five employees. Employers cannot exhibit discrimination against an employee based on his/her:
- Race or ethnicity
- National origin
- Sexual orientation
- Sex or
Nakase Law Firm can help you file a discrimination complaint with the California Department of Fair Employment and Housing (DFEH). And if required, we will also help you file a lawsuit for discrimination against your employer.
Workplace Harassment in Los Angeles
Like employment discrimination, workplace harassment is also prohibited by the Fair Employment and Housing Act (FEHA). As a California worker, you are legally protected from workplace harassment, but it is imperative for you to fully understand which actions are considered as wrongful (harassing) behavior. This workplace harassment can take many forms, such as:
- Verbal or implied threats
- Visual harassment (e.g. offensive signs or posters)
- Physical assault or harassment (e.g. unwanted touching)
- Requesting for sexual favors
- Offensive jokes or pejorative comments
Although you most probably are aware of sexual harassment, you need to know that hostile work environment harassment is also included in California employment law. Non-sexual harassment can also take place in the workplace on the basis of:
- Race or ethnicity
- National origin
- Sexual orientation
- Sex or
Non-citizen workers can also seek for Nakase Law Firm’s legal advice and assistance if their employer threatens to have them deported just because they raised their voice about the violation of California Labor Law. Brad Nakase is a respected California labor lawyer and he will take into account every aspect before advising you on taking the best course of action on workplace harassment.
Wrongful Termination in Los Angeles
As a California employee, if you are wrongfully terminated then you have a strong claim against your employer and you can collect benefits, lost wages, back wages, a fee of California employment lawyer and much more.
Although an at-will employee can be fired with or without notice at any given time, the good news is there are several illegal termination reasons which are off-limit for employers. For instance, if you are fired by your employer in violation of public policy (performing legal obligations or refusing to break the law) or an implied contract, then you have the right to file a lawsuit, assert your rights and determine claims.
If you are fired due to reasons such as business relocation/closure or a mass layoff without being given a 60 days’ notice, then you can file for a claim and receive compensation under the Worker Adjustment and Retraining Notification (WARN) act. As a prominent California employment lawyer, Brad Nakase will not only advise on taking the best course of action but will also help you have a strong claim against your employer.
Family and Medical Leave Laws in California
Employers in California must comply with the FML and the CFRA. These laws enable employees to take up to 12 weeks of unpaid leave for certain family or health reasons. These laws apply to you only if:
- You have worked in the company for at least one year
- In the previous year, you’ve worked for at least 1250 hours
- There are at least 50 employees working for your employer within 75-miles radius
Under the CPDA, you are eligible for a 4-month unpaid leave if you’ve given birth to a child. According to California employment, you can take leave on the following:
- Domestic violence
- Paid sick leave
- Victims of crime
- Attempting to acquire relief from sexual assault or stalking
- Receiving literacy education
- Complying with a subpoena or serving on a jury
- Drug or alcohol rehabilitation
Given that employers must comply with these laws, you can seek legal advice from a trusted California employee lawyer if the employer terminates you or threatens to fire you. As a successful California employee lawyer, Brad Nakase can help you file a claim and get the compensation you deserve.
Los Angeles Wage and Hour Law
California wage and hour laws encompass various issues such as minimum wage, overtime, meal and rest breaks, and so on. Although employers are allowed by the federal Fair Labor Standards Act (FLSA) and the laws in some states to pay minimum wage to tipped employees, it is not the case in California. This means that all employers must comply with minimum wage laws that ensure employees are provided minimum employee pay, hours and overtime, as well as meal and rest breaks. For nonexempt employees who work for 8 hours a day or 40 hours a week, employers must pay overtime. If you are misclassified as an independent contract, you can file for a wage and hour lawsuit because the employer must treat you as a W2 employee. If your employer is not following the California Wage and Hour Law, call Nakase Law Firm to sue your employer.
You should know that some employers misclassify their nonexempt employees as exempt just to avoid wage and hour laws. So, make sure you contact us if you are being paid less or paid no amount for overtime. Brad Nakase is an experienced California labor lawyer who has vast expertise in helping his clients file claims and get compensations they deserve.
Employment Contracts in Los Angeles
As a California employee, you must thoroughly read your employment contract before signing it. However, most employees don’t pay enough attention to their contracts. This can affect your chances of filing a lawsuit against your employer because sometimes they breach the employment contract. For instance, they can breach it in ways such as job requirements, work environment, terms of termination, etc. Your employer can insert clauses such as a non-compete clause. This clause doesn’t permit you from leaving the job to start your own business or work for another company. Therefore, it is imperative for you to read the contract and take the appropriate approach accordingly.
At Nakase Law Firm, we can help you understand the employment contract. Brad Nakase is a Los Angeles employment lawyer who has successfully assisted many of his clients in California over the years. He will thoroughly review your employment contract and will also advise you on taking the best approach that would help protect your rights.