Employment Law and Civil Rights Law Firm Serving the Greater Los Angeles Area
Our team at Kaplan Weiss is made up of fighters who are committed to protecting and enforcing your rights. Our lawyers have over 40 years of combined experience and are well-versed in both employment law and civil rights law. We understand how to effectively handle complex, high-stakes cases, and our partners will provide the attentive, personalized representation you need to prevail.
Our attorneys at Kaplan Weiss can assist you with matters involving:
- Employment Discrimination. California law forbids employers from discriminating on the basis of religion, race, national origin, color, ancestry, sex, sexual orientation, gender identity, marital status, pregnancy status, disability, medical condition, genetic information, military status, political affiliation, or age (40 and older). You may have a claim if are adversely treated because of a protected characteristic.
- Workplace Harassment. Discriminatory harassment in the workplace can create a hostile work environment. You may be able to take legal action if you are subject to frequent insults, unwanted comments, or other forms of adverse treatment. You may be able to take legal action if your employer does not take sufficient steps to protect you after you report the harassment.
- Wrongful Termination. An employer cannot terminate someone on discriminatory or retaliatory grounds. In other words, you cannot be fired or let go because of a protected characteristic or because you reported unlawful behavior, refused to do something unlawful, requested a reasonable accommodation, resisted unwanted sexual advances, or discussed wages and working conditions with your coworkers.
- Wage & Hour Claims. You deserve to be fairly paid for all hours worked. If your employer refuses to pay you for hours you worked or your level of pay violates local or state minimum wage laws, you may have an unpaid wages claim.
- Unpaid Overtime. When you are a non-exempt employee, overtime is not optional. Your employer must pay you time and a half (or double time) for all applicable hours worked. Your employer also cannot misclassify you as an exempt worker to avoid having to follow overtime rules.
- Equal Pay Violations. You always have the right to discuss your wages with your coworkers. If you discover you make less than another employee of another race or sex who does substantially similar work and has comparable qualifications, you may have a claim.
- Retaliation. An employer retaliates against an employee when they treat them adversely on illegal grounds. Examples of adverse treatment include wrongful termination, demotion, reductions in pay or hours, and unfavorable work reassignments.
- Sexual Harassment. Sexual harassment is considered discrimination on the basis of sex. You should never be subject to unwanted advances, inappropriate comments, or quid pros in your workplace, and your employer is required to take all complaints seriously.
- Sexual Assault on Campus. If you are sexually assaulted on a college campus, you may have several legal options. Under Title IX, your university is required to investigate all complaints of sexual assault and take steps to protect victims. Should they fail to do so, you can pursue a Title IX claim. Separately, you can file a civil lawsuit against the perpetrator, even if no criminal charges have been brought. If the incident took place at a public institution, you may also be able to file a Section 1983 lawsuit.
- Civil Rights. Various civil rights laws allow victims of discrimination and other forms of mistreatment to pursue claims against perpetrators of misconduct. We frequently handle cases involving Title VII of the Civil Rights Act of 1964, Section 1983 of the Civil Rights Act of 1871, Title IX of the Education Amendments Act of 1972, the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), the Tom Bane Civil Rights Act, the Ralph Civil Rights Act, the Equal Pay Act, and the Los Angeles Civil and Human Rights Ordinance.
Am I Entitled to Any Paid Sick Leave? Can I Lose My Unused Sick Days if I Don't Use Them?
Under the law, you must be paid on time, on the regularly scheduled payday. Along with your paycheck, your employer must also provide a wage statement detailing, among other things, your hours worked, rate of pay, and all deductions. If your employer fails to do so, you may be entitled to recover damages and penalties.
My Employer Makes Me Work Off the Clock. Is That Allowed?
Under California law, you must be paid for all work hours. Therefore, your employer cannot make you work “off-the-clock” in order to avoid paying you or to avoid incurring overtime obligations. An employer’s failure to pay for all of your hours worked may entitle you to additional wages and penalties.
What Is The Current Minimum Wage in California?
As of January 1, 2019, the California minimum wage for employers with 25 or fewer employees is $11.00/hour. The California minimum wage for employers with 26 or more employees is $12.00/hour. However, certain cities have a higher minimum wage. For example, in Los Angeles, the current minimum wage is $13.25/hour for employers with 25 or fewer employees and $14.25/hour for employers with 26 or more employees.
My Employer Fired Me But Still Owes Me Wages. How Long Do They Have to Pay Me?
If you were terminated, your employer was required to pay you all wages due immediately. If you resigned, then your employer had up to 72 hours to pay. If your employer fails to pay, then as a penalty to the employer your daily wages continue to accrue from the date the wages were due until they are paid. The daily wage penalty is limited to a maximum of 30 days.
What Is Overtime and When Does it Kick in?
Depending on the nature of your job and how many hours you work, overtime pay maybe 1.5 or 2 times your regular hourly rate of pay. Your employer is required to pay you overtime if you work more than eight hours in a day, more than 40 hours in a week, or more than six consecutive days in a row. You are entitled to time-and-a-half for work over 8 hours in a day or 40 hours in a week. You are entitled to double time for any work over 12 hours in any workday or over 8 hours on the seventh day of a workweek.
Do I Have a Claim for Harassment?
Not all harassment at work is against the law. To be unlawful the harassment must be based on specific characteristics, such as your race, gender, religion, or sexual orientation. If you feel like you’ve been harassed because you’re a woman in an all-male workforce, you may have a case. If your boss is just mean or difficult, you may not.
Can I Get Overtime Pay if I Am on Salary
There is a common misconception that salaried employees are not entitled to overtime pay. While that may be true in some cases, very often employers incorrectly classify salaried employees as exempt in order to avoid paying overtime. Many salaried employees are entitled to overtime pay just like hourly employees.
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Changes to California Equal Pay Act
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