Sexual Harassment, Discrimination, Wage and Hour and Unemployment Lawyer in the Los Angeles Area
As a current or former employee, having an experienced advocate on your side when your workplace rights have been violated is invaluable. Don’t let employers get away with mistreating you.
Many clients have turned to me after they were sexually harassed in the workplace. No one should feel uncomfortable at work due to unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature. According to California state law, conduct considered sexual harassment includes:
- A hostile work environment in which the employer fosters a sexual atmosphere
- Direct sexual advances or statements
- Quid pro quo — benefits related to the job that are offered in exchange for sexual favors
In 2011, there were 11,364 claims of sexual harassment discrimination, 16.3 percent of which were filed by men, according to the U.S. Equal Employment Opportunity Commission. And $52 million in monetary benefits were paid out in related claims, the commission reports.
Prejudice comes in many flavors and can happen anywhere. When it occurs at work, which many of us depend on for our livelihood and where we spend much of our time, it can be especially difficult and dispiriting.
Under California and federal laws, it is illegal in the workplace to:
- Deny employment opportunities to people because they are married to — or associated with — disabled people or those of particular races, religions and national origins. Discrimination because of participation in schools or places of worship that are associated with specific racial, ethnic or religious groups is prohibited as well.
- Harass co-workers based on age, color, disability, genetic information, national origin, race, religion or sex
- Make employment decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain age, ethnic group, race, religion or sex, or individuals with disabilities
- Retaliate for filing discrimination charges, participating in investigations or opposing discriminatory practices
And it is against the law to discriminate in any part of the employment process including:
- Compensation, assignment or classification of employees
- Hiring and firing
- Job advertisements
- Transfers, promotions or layoffs
Wage and hour
Wage and hour laws are meant to protect workers from being taken advantage of by unscrupulous or careless employers. Whether you are a salaried employee or hourly worker, you have rights related to your earnings and hours worked. These rights include:
- Meal and rest breaks
- Minimum wage
- Tips and gratuities
- Vacation and sick time
Issues around the federal minimum wage of $7.25 and overtime time pay standards are handled by the U.S. Department of Labor. But employers aren’t required to provide severance pay, sick leave, vacations or holidays.
At $8 per hour, California is one of 17 states whose minimum wage is higher than the federal standard, the department reports. If any of these wage and hour rights are violated, my law firm can provide you with experienced and dogged representation.
Unemployment insurance benefits
While the still-unknown economic recovery has left many people without jobs and applying for and collecting unemployment insurance, not everyone entitled to benefits is granted them. Employers may have a financial incentive to fight unemployment insurance benefits claims.
I can help you to navigate California’s Unemployment Insurance Appeals Board and to collect the benefits that you may deserve.
After the appeal is submitted, it may be scheduled for a hearing to be decided by an administrative law judge. Having an experienced employment and labor lawyer in California to guide you through the process could mean the difference between earning and being denied benefits.
Call or click today
Connect with the Law Office of Scott Ernest Wheeler online or call 909.621.4988 to set up an appointment. Together we can rectify the violation of your workplace rights.