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Bay Area Employment Lawyer - Free Consultation - No Recovery No Fee

What Are Your Rights As An Employee?

All employees have basic rights in the workplace — including the right to privacy, fair compensation, and freedom from discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process.

Wage & Hour Cases

Employers often fail to comply with California Wage and Hour requirements in many different ways, including the following common violations: 

  1. Not providing employees with an uninterrupted 30 minute meal period after fifth hour of the shift.
  2. Not paying an extra hour of pay for each missed meal period or rest break.
  3. Not paying an extra hour of pay for each missed meal period or rest break.
  4. Not providing all required information on paystubs and earnings statements.
  5. Not compensating employees for all employment expenses (such as uniforms, automobile mileage, etc.).
  6. Not providing “cool down” periods for employees working in hot temperatures.
  7. Not providing suitable seating.
  8. Forcing employees to work “off the clock,” or “rounding” employee time at the beginning or end of the shift.
  9. Requiring you to take your lunch while still working and not paying you for that time.
  10. Not accounting for commission, bonuses or other benefits such as free meals in calculating overtime pay.
  11. Not paying time and a half for all hours over 8 in a day, and/or 40 in a week.
  12. Not providing a 10 minute rest break for each four hour work period.
  13. Not paying for all earned vacation upon termination of your employment.
  14. Not providing paid sick days.

 

Wrongful Termination

Employees who are fired in violation of an employment contract, for discriminatory reasons, or for exercising certain legal rights may have a wrongful termination claim. In California (as in other states), most employees work at will, which means they can be fired at any time, with or without notice. However, California has created a number of illegal reasons for termination, which are off limits for employers. Such as contract claims, discrimination claims, retaliation claims,  violation of public policy, harassment or defamation.  

 

Workplace Harassment 

Unlawful harassment in the workplace can take many forms. 

In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee’s race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons.

 

Workplace Discrimination 

Employment discrimination happens when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age.

It is illegal to discriminate based on race, religion, gender, or national original when hiring or in the workplace. Federal contractors and subcontractors must take affirmative action to guarantee equal employment opportunity without regard to these factors. Executive Order 11246 is enforced by the Office of Federal Contract Compliance Programs (OFCCP).

 

 

If you believe your employer is not complying with the law for any reason, please contact an employment lawyer for a free consultation.

Learn Your Legal Options Following Employment Issues. 

Speak With An Experienced Employment Lawyer today. Get A Free Consultation!

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Wrongful Termination, Wage Discrimination,  Workplace Harassment  and Wage Issue cases.

 

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