California Employment Lawyer Practice Areas

Are you a victim of workplace abuse? There are many forms of abuse that employees might experience in their workplace, such as gender pay parity and bias, discrimination, unpaid overtime, minimum wages, non-reimbursement of business expenses, etc.

While such cases are distressing for individuals, they must find courage to get legal counseling and get compensated for their struggles. Employment lawyers are the right professionals to contact.

These are some of the practice areas of employment attorneys.

Gender bias and pay parity

An important practice area of employment lawyers is gender bias and pay parity. Employees experiencing wage discrimination based on gender can file a claim under federal or California law. According to the California Equal Pay Act, employees have to prove that they are being paid a lower salary compared to employees of another ethnicity, race, or the opposite gender while performing similar work.

From the moment an employee provides proof of gender bias and pay parity, the employer has to provide a legitimate reason for the difference in salary. This article elaborates on gender bias in the workplace. Employers usually defend themselves by proving that the pay difference results from a legitimate reason, such as seniority or merit. Equal pay involves all payment forms made to a worker, including salary, wages, profit sharing, medical insurance, life insurance, retirement benefits, bonuses, vacation pay, different allowances, etc.

Employment lawyers help clients understand their rights in order not to be a victim of the equal pay laws. The Equal Pay Act under federal law forbids employers from paying employees of one gender lower wages than employees of the opposite gender while performing jobs that involve equal effort, skills, and responsibility. A professional will fight against the discriminatory wage structures on your behalf.

Workplace discrimination

Under both federal and California law, every employee has the right not to be affected by unlawful discrimination at work. FEHA (The California Fair Employment and Housing Act) protects workers from discrimination and retaliation. State law prohibits any employer from engaging in an adverse action against an individual based on religious creed, color, race, ancestry, national origin, medical condition, marital status, gender, gender expression, pregnancy, etc.

Employers mustn’t refuse to hire an individual or select one for a training program leading to employment because of any of the above-mentioned reasons. If you have been discriminated against in the workplace, it’s time to consult a trustworthy lawyer who’s an expert in employment law to help you file a claim.

Pregnancy discrimination

Another practice area of these lawyers is pregnancy discrimination. Under California law, job applicants and employees who are pregnant or have recently given birth to a child are protected by anti-discrimination laws. Many female applicants and workers receive unfavorable treatment because of being pregnant or may become pregnant in the near future. See this link, https://www.bbc.com/worklife/article/20220114-why-ending-illegal-pregnancy-discrimination-is-so-hard, to learn why ending illegal pregnancy discrimination is so hard.

Women can establish a claim for pregnancy discrimination if the employer is covered by pregnancy discrimination laws, meaning there are at least five workers in the company. Such a claim is reasonable if the employer fired or refuses to hire a female applicant due to pregnancy-related reasons. Establishing a pregnancy discrimination case can be done only if the worker provides proof that her employer knew of her pregnancy, as well as gather evidence of his/her pregnancy-discriminatory motive.

Various groups of workers are covered by California pregnancy discrimination laws, including full-time, part-time, and temporary employees, along with job applicants and unpaid interns. If you are a victim of pregnancy discrimination, you should speak with an attorney.

In addition, victims are eligible for punitive damages, back pay, and compensation for their emotional pain and suffering. Such claims have to be brought within a short period to increase your chances of reaching a positive outcome.

Unpaid overtime and minimum wages

Another important practice area of employment lawyers is unpaid overtime and minimum wages. The ideal employment lawyer should fight aggressively for fairness and workplace justice. California employees deserve to receive their salaries on time for all the hours they have worked. In the case of payment failure, workers are allowed to recover their wages along with extra damages, which are designed to penalize the company for wage violations.

California provides protection to workers employed on a salary or hourly basis to ensure they receive the right payment for their hard work. This payment involves regular compensation, overtime, bonuses, and sales commissions. Wage theft is a broad term that covers numerous scenarios in which the worker failed to receive proper compensation.

In addition, wage theft occurs across different industries and happens whenever an employer denies a worker a bonus, fails to pay him/her the hard-earned tips, refuses to pay overtime, requires a worker to work while on a break, falsifies pay stubs and time clocks, etc. Wage theft victims should receive assistance from an attorney to facilitate the wage claim procedure.

Non-reimbursement of business expenses

Many employment lawyers work on cases related to non-reimbursement of business expenses. California employees have every right to be reimbursed for their out-of-pocket work expenses. For instance, whenever an employee has to use his/her personal mobile phone to make a work-related phone call, the owner of the company is obliged to reimburse him/her.

Moreover, workers have to be reimbursed for expenses that are incurred reasonably, such as office supplies, mobile phone expenses, home office costs, etc. Due to COVID-19, many individuals were forced to work from home, thus incurring expenses for paper, ink, Wi-Fi, and other necessities. Go here to learn whether you can take the home office deduction.

Conversely, mileage reimbursement is a must in cases where workers are required to travel on business. Mileage reimbursement can be handled in several ways, such as by reimbursing the actual expenses, using a mileage calculation, or paying a lump-sum amount.

To sum up

Keeping quiet will not get the issue resolved but only worsen it.

Hire an attorney to be your legal representative and defend your rights!

Kenneth

Kenneth is a proud native of sydney, born and raised there. However, he pursued his education abroad and studied in Australia. Kenneth has worked as a journalist for almost a decade, making valuable contributions to prominent publications such as Yahoo News and The Verge. Currently, he serves as a journalist for The Hear Up, where he focuses on covering climate and science news. You can reach Kenneth at [email protected].