The relationship between employers and employees in California is governed by employment and labor laws at both the federal and state levels. These laws provide a framework of obligations and rights. Disputes often arise from a failure to uphold and undertake these obligations and rights, which can lead to serious disruptions in the workplace and problems for the employer.
At AST Law, we are committed to each of our clients. Our office in San Diego County helps employers and employees understand their legal obligations and rights, and we take appropriate action given the unique circumstances of each case. If you believe you have an employment law issue or want to act proactively to avoid problems in the workplace, contact us today at 619-592-8507 to schedule a consultation.
Understanding Employment and Labor Laws in California
The workplace should be a place where work gets done. If the company is managed according to relevant laws, then that shouldn't be a problem. Being proactive and putting policies and procedures in place that adhere to federal and state employment laws can help businesses run smoothly.
Employment law oversees and addresses different aspects of the employer-employee relationship, including:
- Wages (e.g., minimum wage, overtime pay, hours of work)
- Health and safety
- Workplace policies and procedures
- Workplace discrimination
- Workplace harassment
- Employee classifications
- Equal opportunity
- Workers' compensation
- Termination
At AST Law, our office can help employers ensure compliance with relevant laws and set up policies, procedures, contracts, and more so that you are positioned to lead a successful business. Likewise, for employees who believe an employer may have violated their rights in one way or another, we help you obtain a just and fair remedy.
Employment Discrimination
The federal government protects against discrimination in the workplace based on certain characteristics, which include:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information (including family medical history)
Employment Contracts
Disputes often arise from breaches of employment contracts, including issues related to terms, conditions, and termination clauses.
Family and Medical Leave Act Violations
Employees have certain rights when they or family members become sick or injured. The Family and Medical Leave Act (FMLA) establishes and protects these rights. When an employee believes their FMLA rights have been violated, then they may file a claim. Two common violations under the FMLA are denied requests of leave or retaliation for taking FMLA leave.
Harassment and Hostile Work Environment
Legal action can be taken when employees are subjected to unwelcome and offensive conduct that creates a hostile work environment. Cases involving harassment, whether it is sexual harassment, bullying, or any other form of workplace harassment, are common reasons for litigation.
Retaliation
If an employer takes adverse actions against an employee in retaliation for exercising their legal rights, such as reporting workplace violations or filing a complaint, this is unlawful retaliation, and the employer can file a claim or possibly sue.
Wage and Hour Violations
Employees can pursue legal action if they are denied proper wages, overtime pay, meal and rest breaks, or misclassified as independent contractors.
Whistleblower Claims
When an employer engages in illegal activities or violations, an employee might report it. In such situations, these employees may be protected as whistleblowers. If the employer retaliates against the employee for reporting the company, the employee might be able to file a claim or sue.
Wrongful Termination
An employee who was fired unlawfully, often violating employment contracts, public policy, or anti-discrimination laws, can file a claim and sue the employer.
Unfair Labor Practices
Allegations that employers have engaged in unfair labor practices, such as interfering with employees' rights to organize or engage in collective bargaining, could be a reason for an employee to take legal action against the employer.
Why Choose our Employment and Labor Attorney in California
At AST Law, our clients choose us because we understand complex employment laws, regulations, and legal precedents, and we use this knowledge to give clients accurate advice and effective representation. Whether our clients are employers or employees, we advocate for their rights and interests. We use our unique perspective to develop key strategies tailored to the specific circumstances of each case, maximizing the chances of a favorable outcome, favorable contract terms, or other resolutions that meet our clients' best interests.
Contact an Employment and Labor Law Attorney in San Diego County Today
Employment law is a multifaceted field that governs and addresses various aspects of the employer-employee relationship. At AST Law, our office in San Diego acts proactively to advise employers so that they comply with the law and create safe and healthy work environments. We also help employees bring claims against employers who have failed in their obligations.
Contact us by filling out the online form or calling us at 619-592-8507 to schedule a consultation and learn more about how we will help you.
