Common Employment Law Violations in Los Angeles

Los Angeles has a multitude of labor laws that employees can turn to for security and fair working conditions. Unfortunately, even with these protections in place, workers still suffer violations that unfairly impact their employment. Some of the more common employment law violations in Los Angeles include wage theft, denial of leave, wrongful termination, discrimination, and harassment.

It is important that employees understand these violations and recognize when their rights are being compromised. That way, they may take the appropriate measures to protect their legal rights.

Wage theft and wrongful termination are two examples of infractions that can occur in a variety of sectors and work roles. Below are some of the most frequent employment law violations that Los Angeles workers face and how they can protect themselves in those situations. If you’ve experienced any of these issues, it is important to contact an attorney quickly to safeguard your rights and retrieve the compensation you are rightfully owed.

Wage Theft

Wage theft is a universal problem that affects workers through underpaid overtime, subminimum salaries, or illegal deductions. Employees must recognize wage theft early on to minimize further losses and hold employers accountable.

Many employees are misclassified as “salaried” or “exempt” or even independent contractors, which deprives them of overtime pay. California labor laws protect workers from such infractions. Those who have been affected can submit a claim to recover lost pay.

Discrimination in the Workplace

Discrimination on the basis of race, gender, national origin, age, disability, sexual orientation, and various other protected classes is illegal in Los Angeles workplaces. California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination, harassment, and retaliation at the workplace, both in terms of private and non-private employment.

There are protections against discrimination in hiring, promotion, wages, termination of employment, and many other aspects of employment. If you may have been discriminated against, it is important to take notes and speak to an attorney.

Filing a complaint can help achieve and maintain justice in the workplace culture by preventing employers from repeating the discriminatory conduct. You should never be afraid to take action to protect yourself and others.

Sexual Harassment

Sadly, sexual harassment is a common experience in many workplaces. Sexual harassment can include:

• Inappropriate verbal comments
• Requests for sexual favors
• Persistent suggestive behavior
• Conditions affecting job advancements or promotions
• A hostile work environment

California law mandates that employers take all reasonable measures to prevent harassment in their workplace. If employees are sexually harassed at work and the employer does nothing to stop it, they have a right to file a claim. Taking legal steps not only helps stop the harassment from continuing, but it also holds offenders accountable.

Wrongful Termination

Wrongful termination claims make sure employers adhere to lawful practices when making employment decisions. Wrongful termination is when employees are fired for reasons that violate their rights. For example, if an employee reported unsafe conditions or filed a workers’ compensation claim and was fired as a result, they were wrongfully terminated.

People who may have been wrongly fired should talk to a lawyer who can advise on whether they have a valid claim and if they are entitled to compensation.

Failure to Provide Medical and Family Leave

Employees can take 12 weeks of medical and family leave under the California Family Rights Act (CFRA). Employers who reject this leave or retaliate against employees who take it violate state law. Employees experiencing these problems should register a complaint to defend their jobs and uphold their legal rights.

FAQs

What Are the Common Labor Code Violations in California?

Common labor code violations in California include:

• Failure to pay minimum wage
• Unpaid overtime
• Denial of meal and rest breaks
• Wage theft
• Misclassification of employees as “exempt”, “salaried” or independent contractors
• Failure to provide accurate wage statements

Employers also commit violations by failing to offer adequate sick leave or retaliating against employees who exercise their legal rights. In all these cases, the employer can be penalized, and employees can receive compensation.

What Is Common Law Wrongful Termination in California?

Common law wrongful termination in California is when an employer fires an employee for illegal reasons, including firing in retaliation against an employee who refuses to break the law or reports unlawful activity in the workplace. If an employee is fired for exercising their legal rights or filing a workers’ comp claim, then that also falls under common law wrongful termination.

What Is the Co-Employment Law in California?

Co-employment (sometimes referred to as joint employment) refers to the sharing of control over a worker’s employment conditions by two or more businesses. California labor law commonly allows for co-employment in the context of staffing agencies or PEOs.

Both the staffing agency and the company receiving the employee’s services might be considered joint employers with connected liability for wage and hour violations, discrimination, harassment, and other employment law claims.

What Is a Common Law Employee in California?

In California, a common law employee is someone who works for an employer who has the authority to control when and how they execute their jobs. This classification separates common law employees from independent contractors, who have more control over the “how and when” aspects of their jobs. Employers must follow tax and labor requirements that apply to common law employees, such as withholding taxes and offering benefits.

Contact a Los Angeles Employment Attorney

If you are facing any of these common employment law violations in Los Angeles, it’s important to seek legal advice to protect all your rights and pursue compensation. At the Shirazi Law Firm, PC, we focus on employment law and are dedicated to protecting employees from unlawful workplace practices.

Our experienced team has a deep understanding of California labor laws and is committed to holding employers accountable. Whether you’re dealing with wage theft, discrimination, or wrongful termination, we are here to guide you through every step of the legal process. Contact the Shirazi Law Firm, PC, today to schedule a consultation and explore your options for legal recourse.