Los Angeles Employment Lawyer Blog

Are you a non-exempt worker? (If you don’t know the answer to whether you are a non-exempt employee or an exempt employee, click here to find out). If you are a non-exempt worker, is your employer asking or expecting you to work more hours, but is not compensating you for your extra time? Whether you are an hourly employee or a salaried employee, an experienced employment lawyer can make sure that if you are working overtime that you are getting paid for your time as a non-exempt employee. Wage and hour rules are governed by both the California Labor Code and the Federal Fair Labor Standards Act. In addition to receiving payment for hours worked over time, if you are working overtime you are entitled to legally-mandated meal and rest breaks.

A few examples of how employers violate an employees' wage and hour requirements include:

• You are misclassified as "exempt" from receiving overtime pay


• You are not provided an uninterrupted meal break within the first five hours of work


• Your employer fails to provide ten minute breaks for every four hours of work


• Your employer fails to provide paid time for tasks required to prepare for work


• Your employer fails to provide a second meal break for shifts longer than ten hours


• Your employer fails to ensure that employees being paid per-project are meeting minimum wage requirements.


• Your employer fails to provide proper pay stubs with all required information

If you are concerned that you have been working overtime in California but have not been compensated adequately for your hours, call the lawyers at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free and confidential consultation. You won’t owe us any money for the call, and we work on a contingency, which means that we don’t get paid unless you get paid. Call 1-800-ALAWPRO now- we’re here to help.

Attention Deficit Disorder (also known as Hyperactivity Disorder or ADHD) is a common mental disorder that affects 4% to 6% of the US population. ADHD could be affecting how you work, but you are protected by law. Did you know that the law requires that your employer provide you with reasonable accommodations to help you efficiently perform your job? Symptoms of Attention Deficit Disorder include hyperactivity, distractibility, impaired impulse control, and forgetfulness. Federal legislation has recognized ADHD as a disability and your employer also needs to recognize Attention Deficit Hyperactive Disorder as a disability. That means that your employer cannot discriminate against you because of your medical condition and an employment attorney can make sure your needs are represented. Examples of discrimination include discriminatory hiring, firing, or lack of accommodation.

If you’ve been diagnosed with ADHD, ask yourself the following questions:

• Do you ever fail to pay close attention to detail? Or make careless mistakes? Do you have difficulty sustaining attention to a task? Or fail to follow instructions carefully or forget important details? Do you feel restless? Fidget with your hands or feet?


• Does your employer prevent you from taking time off work for a medical appointment? Or fail to provide you with reasonable on-site accommodations for your disability?

If you answered yes to these questions or have spoken with your employer about your medical condition and they refuse to accommodate you, call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

Many times a victim only seeks a lawyer after they have exhausted all other resources. They have been fired (wrongfully), and they have no way to make up the costs of an employer’s bad judgment. But seeking an attorney can be very costly, and there seems to be no way to proceed with your case.

The attorneys of Greenberg & Rudman LLP have been representing employees with employment law cases for many years. They know what it is like to lose your job, worry about feeding your family, and yet, know that your employer should pay for breaking the law. There isn’t just one way to proceed with a case, and the attorneys of Greenberg & Rudman LLP have made it their business to care for cases like yours.

Many of our cases work on contingency fee. A contingency fee arrangement is where our attorneys agree to represent you, yet you don’t get charged the attorney’s fees up front. If your case is taken, the attorney’s get paid only when you do, by taking a percentage of the money recovery after you win your case. Depending on the agreement, our attorneys may or may not advance the costs of litigating the case if it goes to trial. But our mission is clear, we want to help you, even when we know you can’t afford to pay up front.

If you have an employment case, call the attorneys of Greenberg and Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

In a recent investigation by the Americans with Civil Liberties Union of Southern California and the Disability Rights Legal Center, it was discovered that many Los Angeles Jails were not equipped to properly accommodate disabled inmates. By law, specifically the Americans with Disabilities Act (or “ADA”), all citizens must be provided with reasonable accommodations for their disabilities, whether it is in housing, the workplace, or even jail.

Many do not know that they must accommodate your disability. But according to State and Federal law, it is their duty to provide accommodations that allow you to move freely as would any other without the disability, and to also provide you with accommodations to do your work and function at a level of those who are not disabled. In the workplace, this means that you may have accommodations such as more time to complete complex projects, a lower desk to accommodate your wheelchair, lighter doors or electronic opening doors that assist you if you are in a wheelchair or on crutches, and even missing work for doctor’s appointments.

If your employer is not allowing you reasonable accommodations for your disability, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment attorneys may be able to help you. As you can see, the ADA is provided to protect all of our disabled citizens, and you do not have to struggle in the workplace just because you have different medical requirements.

With over 2 million residents, and a booming growth rate, San Bernardino County is one of the fastest growing counties in the country. New homes, jobs, and infrastructure are being built everyday, and coastal employers have found less expensive land and more ready workers by moving their industry to San Bernardino County. With all of this growth, employment violations are simply a byproduct of the amount of employers and workers that hold business in one of the many cities of San Bernardino County.

Whether it be racial or national origin discrimination, sexual harassment, worker’s compensation, or lost or unpaid wages, the skilled attorneys of Greenberg & Rudman LLP have been representing workers like you for years. With over 50 years of combined experience, the winning attorneys of Greenberg & Rudman know how to handle your case from start to finish, inside and out of the courtroom. Known for their friendly client relationships, experience in the courtroom, and winning track record, the attorneys of Greenberg and Rudman will fight to protect your rights and to get you the money you’ve worked hard to earn.

If you have an employment question, and you are a resident of San Bernardino County, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment attorneys may be able to help you.

Carpal Tunnel Syndrome (CTS) is a medical condition that leads to paralysis and burning, weakness, numbness and loss of function in the wrists. It can also create symptoms in the fingers, hands, and forearms. Many office workers develop carpal tunnel from working at a keyboard in a stressful position, without taking proper rest breaks for their hands and arms. Those who have been diagnosed with CTS and continue to work in an office may find their mobility and productivity lessened.

CTS is a medical disability that is protected under Federal and State laws. If you develop Carpal Tunnel Syndrome while at your current position, you may be entitled to worker’s compensation. If you have had CTS for a while, and you are having difficulty with obtaining reasonable accommodations for your CTS on the job, an employment lawyer may be able to assist you in getting reasonable accommodations, or suing for violation of employment laws.

You should first try to obtain reasonable accommodations from your employer. Reasonable accommodations for CTS include (but are not limited to):

• Periodic rest breaks away from the computer to do physical exercises or rest from typing


• Missing work for physical therapy or other doctors breaks


• Changing the position of your keyboard or buying a lower keyboard rest that is more ergonomically and assists your wrists better


• Using speakerphone rather than a regular handset for long telephone calls.

If you have tried to negotiate reasonable accommodations with your employer and they refuse, or if you have developed Carpal Tunnel Syndrome while on the job, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Like many other states, California is an at-will state for most jobs, unless specified otherwise in a specific employment contract. At-will has also been called a “right to fire” and a “right to hire” state. This means that for most employees, you can be fired for many reasons, including your employer just not liking you. Many times, an employee will want to bring a wrongful termination suit against their employer, only to find out that your employer may have been morally wrong in firing you, but they have done nothing legally wrong.

To be eligible for wrongful termination in an at-will state, you must be in a protected class. These classes include: gender, race, national origin, medical disability, and age, to name a few. Beyond just being in one of these classes, you must show that your employer fired you based on this classification. For example, it is not enough that you be black when you are fired, you must show that your employer fired you because you are black. This is much harder to prove, but in circumstances surrounding the firing may have been the actual reason.

Further, you may be able to recover for wrongful termination if you were terminated in violation of public policy. This could mean you were a whistleblower, or that you were out of work due to jury duty, or your employer was engaged in safety violations that prevented you from going in to work (and you were thereby fired).

However, the majority of cases in an at-will employment state are simple – you can be fired for good cause, bad cause, or just because your employer didn’t want to keep you on any longer. Not all cases are ripe for seeking an attorney. If you suspect that you were fired due to your protected class, you have been the victim of past discrimination or harassment, or you were terminated after you blew the whistle on your employer, you should call the law offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation in California regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Racial bias, or discrimination or harassment against a worker because of his or her race, is still prevalent in many businesses across California and the United States. In a recent case in U.S. District Court, supervisors of the Secret Service have been accused of sending racist emails and creating a hostile environment against non-white workers. Further, these emails and other conduct may have resulted in disallowing black agents the promotions they deserve.

Racial discrimination can occur in any employment setting. Whether it is a restaurant, office, professional driving or delivery service, or as seen here, even the highest of security jobs, the premise is simple. Those in management or in other positions create a hostile environment against those of another race, based solely on their racial characteristics. When you are denied promotions, pay raises, or even being hired due to your race, this is illegal and many Federal laws and State laws protect you. In this day and age it is especially heinous to be discriminated against because of the color of your skin, and these laws were put into effect to protect you.

If you believe that you are a victim of racial bias in your workplace, call the experienced attorneys of the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Story from Darryl Fears, The Washington Post 05/29/2008

Reasonable accommodations in the workplace provide many ways that a disabled worker can work with simple changes around the office. But sometimes, those changes (or lack thereof) may not be enough. What if you are in a wheelchair and getting public transportation to the building becomes too difficult? Or what if you undergo a surgery that places you on temporary bed rest? Even many working mothers are discovering that after having a newborn, it may become very difficult to go into work for a couple of hours a day.

These days, working from home is an option available to more and more businesses. With widespread access to the internet, mobile access to work email and even work computers, and teleconferencing by video or phone or both, working from home can be just as productive as working in the office. And it can be part of a reasonable accommodation plan for your medical disability.

If you have tried to negotiate working from home as a reasonable accommodation to your medical disability, and your boss refuses, you may need the assistance of an employment lawyer. While not all jobs are right for working from home, many office jobs, sales jobs and communications jobs are. Call the Law Offices of Greenberg & Rudman LLP in California at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

In a recent case in Massachusetts, a woman reported discrimination in her workplace, specifically, the Police Review and Advisory Board. Later, her employers told her she would be fired. She sought the advice of employment lawyers who helped her to file a retaliation suit and was recently awarded $4.5 million dollars, over $3.5 million of which was punitive damages. The City of Cambridge was found to have engaged in wrongful retaliation, or wrongfully threatening to fire her based on her whistle blowing about the discrimination within the department.

Retaliation is illegal. Many employers engage in suspected illegal activity, and the law protects you when you blow the whistle, or report that suspect activity to an outside agency. If your employer finds out you have reported them, and they discriminate, harass, threaten to fire, or actually fire you based on your having blown the whistle, Federal and State laws protect your rights against this retaliation.

The Employment attorneys of Greenberg & Rudman, LLP, have extensive experience in representing retaliation victims in California. Whether you have reported your employer to the police or a government agency, you may be protected from any further action that your employer may take against you. Call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

James Vaznis, Boston Globe 05/28/2008

Pregnancy can be both joyful and stressful, especially if you are working. Worries that you may lose your job, or be demoted are common amongst pregnant women. But there are both Federal and State laws in California that protect how your employer may treat your pregnancy or your decision to become pregnant while at your place of employment.

For example, it is illegal for your employer to ask you if you plan to become pregnant as part of the hiring process. It is likewise illegal for your employer not to hire you because you are already pregnant. Once employed, your employer cannot terminate you simply because you are pregnant. Pregnancy leave is provided by state law for up to four months, and you are also allowed to do less strenuous duties or to cut back your hours immediately before or after pregnancy (or as your medical condition requires). As long as your request for accommodation does not place an undue burden on your employer, they must accommodate your request.

If you suspect that you have been victim to pregancy discrimination in California based on your plans to become pregnant, your pregnancy, or your medical leave for your pregnancy, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. We provide contingency fee options which means we don’t get paid unless you do.

Anxiety disorders are medical disorders that can either manifest by themselves or with other medical disabilities. You may experience an anxiety disorder as part of your dealing with depression, or you may have recently been diagnosed for an anxiety disorder without other symptoms. Anxiety disorders can create panic attacks, loss of motivation or ability to focus, inability to leave your house in the morning and getting to work late, or even locking yourself in the bathroom for extended periods of time. Many anxiety disorders are treatable with medication, and with talk therapy or other combinations of treatment.

Anxiety disorders can make working difficult. Sometimes symptoms may overwhelm you and you are ashamed to tell your boss what is happening. However, if you do not tell your boss about your disorder, they may just assume you are slacking off at work, or that you don’t care. If you have an anxiety disorder, there are Federal employment laws and California State laws that protect you in the workplace. You must begin by sharing your diagnosis confidentially with your boss and developing a reasonable accommodations plan. Reasonable accommodations for anxiety disorders include (but are not limited to):

• Taking small breaks throughout the day to go outside and take a short walk or a breath of fresh air


• Having a flexible arrival time in the morning such as between 9 AM and 10 AM and leaving according to when you arrived


• Taking time away from work to visit your doctor or therapist


• Having a desk away from the main entrance or out of the busy traffic of the office


• Being able to take your medication at work

If you suffer from an anxiety disorder and you are having problems making accommodations in your workplace, or you fear you may be fired due to your disorder, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Large companies such as IBM, Starbucks, The DollarTree, and others have recently had large class action lawsuits filed against them for shortchanging their employees. Some have misclassified their workers in order to avoid paying overtime rates. Others have neglected to give meal and rest breaks, and even more have failed to give proper pay (whether it be in paychecks, overtime or tips) to their workers. In all of these cases, two or three employees sought out experienced employment attorneys who discovered that these practices were much more widespread than just the cases of these few workers.

A class action lawsuit allows a few workers to fight along side with their employment lawyers to protect the wages and labor standards of all employees of the company. Whether this is for time unpaid or for discriminatory practices based on racial discrimination, an experienced and successful employment lawyer can reclaim those wages and recover damages against an employer’s wrongful actions.

If you suspect that your company is violating California and Federal Labor law, you should immediately contact the knowledgeable employment attorneys of Greenberg & Rudman, LLP. Whether you work at a state-wide organization or a nation-wide franchise or a corporation with locations in California, you have rights! Call the attorneys of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. We also offer contingency fee arrangements which means that we don’t get paid unless you get paid.