All employment in California is considered at-will unless otherwise specified, meaning an employer may terminate an employee for any reason and at any time. Oftentimes, however, employees are terminated or laid off for reasons that violate public policy. F&D is well equipped to assess the situation to determine whether facts exist to support or defend the claim.
If you’re looking for legal advice to handle an employment-related issue, contact the experienced employment attorneys at F&D.
California employees are protected against discrimination, retaliation, and harassment when motivated by certain protected statuses or characteristics by an employer by the California Fair Employment & Housing Act (“FEHA”). The FEHA also guarantees employees the right to a reasonable accommodation and right to an interactive process in certain situations.
Employees who feel that they have been victims of violations of the FEHA by their employer should contact F&D for a free consultation and assessment.
F&D is also proud to offer legal defense representation to businesses facing claims for FEHA violations. Whether through arbitration or trial, or negotiating terms through settlement or mediation, F&D is experienced in advising companies on how to navigate the constantly changing legal landscape in California employment law.
Wage and hour laws exist to ensure employers provide a certain level of protection to employees for issues such as payment of wages, providing meal and rest breaks, wage statements/pay stubs, and many other protections. Although Wage and hour laws in California provide a very high level of protection to California employees, unfortunately employers continue to take advantage of their employees to their employees’ detriment.
By contrast, employers are sometimes plagued with employees attempting to assert wage and hour claims where none exist, oftentimes as a result of failing to keep ample records.
F&D represents both employers and employees pertaining to claims for the following violations:
- Failure to pay all minimum wages, regular wages, and overtime wages earned
- Collection of liquidated damages for unpaid minimum wages
- Failure to pay accrued vacation time
- Misclassification of employees as “Exempt Employees”
- Misclassification of employees as “Independent Employees”
- Working “off-the clock” without pay
- Failing to provide meal or rest breaks and failing to pay the premium wage for missed or non-compliant meal or rest break, as well as, attributing meal breaks to employees when meal breaks were not taken
- Requiring employees to be “on-call” or be on “standby” without pay
- Requiring employees to drive to and from work in company vehicles while severely limiting their activity during that time, but failing to compensate the employee although they remained under the employers’ control
- Claims for civil penalties pursuant to the California Labor Code Private Attorneys General Act of 2004
If you believe your employer violated federal or California wage and hour laws, you may be entitled to immediate compensation and any applicable penalties. On the other hand, if your company has been accused of committing wage and hour violations, contact F&D for a free consultation and assessment.