Los Angeles Employment Lawyer Blog

If you are a pregnant woman, it is illegal for your employer to discriminate against you because of your pregnancy. Discrimination can include not hiring, firing, demoting, and not providing benefits made available to other employees, such as health care. In a recent case against Amerigroup, a group of pregnant women received a $225 million settlement, plus an additional $9 million for attorneys’ fees after they demonstrated that their employer, Amerigroup, had wrongfully denied Medicaid coverage to them in an effort to illegally cut costs.

Federally, the Pregnancy Discrimination Act prohibits employers from discriminating against a female employee on the basis of pregnancy, childbirth, or related medical conditions. The law states that women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Specifically, health insurance provided by your employer must cover expenses for your pregnancy-related conditions just as it would cover costs for other medical conditions. California law also protects you if you are a pregnant employee. An experienced employment attorney will help you make sure your rights as a pregnant woman in the work place are being protected.

Pregnancy discrimination is illegal. If you live in California and believe you have been the victim of any type of pregnancy discrimination, including termination, not receiving appropriate benefits, or demotion, call the law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) NOW. You will receive a free consultation regarding your legal rights and learn how one of our experienced employment lawyers may be able to help you.

Are you a minimum wage employee? You might be receiving a pay raise. On July 24, 2008, the federal minimum wage rate for covered non-exempt employees increased $0.70 --- from $5.85 per hour to $6.55 per hour. However, many Californians already receive an hourly wage of $8 per hour, which is higher than the federal minimum wage. California is just behind Washington for the state with the highest minimum wage. While many Californians will not be affected by the federal minimum wage increase, as an employee in California you need to make sure you are receiving the pay CA law requires. Employees are to be paid at least the national minimum wage, however CA employees who qualify for minimum wage should be receiving $8 per hour.

How do you know if you are a minimum wage employee? The minimum wage is the lowest hourly wage allowed by federal and state labor laws. Certain employees, such as agricultural workers or certain service workers who receive tips or other compensation equal to the minimum wage, are usually exempt from minimum wage requirements. An experienced employment lawyer can help you determine whether or not you should be receiving minimum wage compensation.

If you are, or believe you should be, a minimum wage employee in California but you are not receiving the mandatory $8/hour, the California law offices of Greenberg & Rudman LLP are here to help. To speak with one of our knowledgeable employment attorneys and hear how we might be able to assist you in protecting your rights as an employee, call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation.

Unfair labor practices are actions taken by employers or unions which are in violation of the National Labor Relations Act (NLRA) and other legislation. These practices are uncalled for and are frowned upon by law and society. As an employee in California, you can fight back if you have been the victim of unfair labor practices in your work place.

Here are some examples of Unfair Labor Practices that your employer might have committed against you:

• Interfering with, restraining or coercing you, the employee, to engage in or refrain from protected activities


• Discriminating against you for engaging in or not engaging in certain protected activities


• Discriminating against you for filing charges with the National Labor Review Board or taking part in any NLRB proceedings

If your employer has been found to commit an unfair labor practice, the NLRB has the power to order that such practice be stopped and to order payment for you, the injured party. An experienced California employment lawyer will help you defend your rights as an employee. Other common remedies, aside from your rights being protected, include reinstatement, with or without back wages.

If you live in California and believe you have been the victim of unfair labor practices in your work place, you should call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

While at work, do you suffer from severe recurring headaches, usually affecting only one side of the head, characterized by sharp pain and often accompanied by nausea, vomiting, and visual disturbances? You might be experiencing a migraine, which is a neurological disease recognized by the American Medical Association. Employers are not allowed to discriminate against employees with recognized disabilities. Though women tend to be affected by migraines more than men, 10 to 15% of the population experiences these painful headaches. Medication such as pain-killers and anti-naseau pills might be able to help you, but often your ability to work will be limited even with the use of these medications.

There are many ways your employer can discriminate against you because you suffer from migraines, an often debilitating disability. A few examples include:

• You have asked your employer, but he will not work with you to provide you with reasonable accommodations for migraines


• You are not allowed to miss work to attend a doctor appointment


• When you are experiencing a migraine, your employer is not sensitive to your disability and does not allow you to take a break from working

If you are disabled as a result of your migraines, it is illegal for your employer to discriminate against you. Both the Americans with Disabilities Act and the California Fair Employment and Housing Act provide protection against discrimination on the basis of disability and an experienced employment lawyer can help you show that you are disabled.

If you live and California and suspect you have been discriminated against in your work place because you suffer from migraine headaches, call the experienced employment lawyers at Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) now for a free consultation regarding your legal rights. Get your questions answered from one of our knowledgeable employment attorneys now!

Many California employers require a drug-free workplace. If you are one of the many employees to have signed an acknowledgment stating you would stay drug-free and/or alcohol-free at work, this might not come as a surprise to you. However, do you know if your employer can fire you as a result of your drug use or alcohol consumption outside of work? Can your employer hold your drug addiction or alcoholism against you? Does your employer need to support your recovery from drug or alcohol addiction by paying for treatment? An experienced California employment lawyer can help you find the specific answers to these important questions. Call us now at Greenberg & Rudman LLP at 1-800-252-9776 to speak with one of our experienced employment attorneys.

According to a national survey of human resources professionals completed by the Hazeldon Foundation, a leading treatment center for drug and alcohol addiction, while substance abuse and addiction are recognized as among the most serious problems faced in the workplace, employer policies and practices are not fully addressing the problem. Additionally, the survey showed that while employers often offer assistance programs to their employees, many do not openly and proactively deal with employee substance abuse issues and do not refer employees to treatment programs. If you are a drug addict or alcoholic, you need to make sure your employer is taking care of your needs and not discriminating against you as a result of your addiction.

Drug and alcohol abuse inside and outside of the workplace is an important issue. If you suffer from drug addiction and/or alcoholism and believe because of your addiction your employer has discriminated against you, retaliated against you, fired you, or not provided you with the benefits your employment packages states that you deserve, call the law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) NOW. You will receive a free consultation regarding your legal rights and learn how one of our experienced employment lawyers may be able to help you.

Bipolar disorder affects a large number of California employees. People who are bipolar or manic depressive experience one or more manic or mixed episodes often accompanied by depressive episodes. Experts say 1 out of 25 Americans suffer from bipolar disorder. Bipolar disorder is an illness that affects your feelings, behavior, thoughts, perceptions, how you feel physically and can even affect how you work. If you are bipolar, the American Disabilities Act says it is up to you whether or not your share your disability with your employer.

While the ADA also makes it illegal to discriminate against a person with a disability as long as the person can perform the essential functions of their job, these employees are still often the victims of discrimination, harassment, or retaliation in their work place. An experienced employment lawyer can ensure that your rights and needs as an employee with a disability are being taken care of. It is the law that an employer reasonably accommodate the needs of a disabled employee. According to a recent case against Wal Mart, if your employer is aware that you suffer from a disability, such as bipolar disorder or manic depression, he is required to work with you to see if you can be reasonably accommodated.

Have you been a victim of discrimination in your work place as a result of your manic depression? If you live in California, call the experienced employment attorneys at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now! You will receive a free consultation regarding your legal rights and hear how one of our experienced employment lawyers may be able to help you.

Riverside, California is the home to many employees. If you are one of the over 300,000 residents who call Riverside home and have been fired or terminated from work without just or authorized cause, then you might have been wrongfully terminated and need an experienced employment attorney. Wrongful employment cases in California are difficult to prove, which is where the assistance of an employment lawyer will be very beneficial for you.

At-will employees make up the majority of employees in California. While an at will employee in Riverside, or any where in CA, can be fired at any time, an employer cannot fire an employee in violation of public policy or due to retaliation or discrimination. These are a few exceptions provided by Federal and California law. One of our knowledgeable employment attorneys can help you determine if your case also falls under one of the several exceptions covered by law.

If you live in Riverside, California, and you feel like you have been the victim of wrongful termination, or fired without good reason, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). Not only have our experienced employment attorneys practiced successfully for years in Riverside, CA, but our employment attorneys understand California employment law and know your rights. Call now for a free consultation regarding your wrongful termination claim and to hear how one of our knowledgeable employment lawyers may be able to help you.

Recently over 600 female applicants settled a gender discrimination case against Zacky Farms in Fresno, California. These potential female employees said they were not hired for a certain position at the company because they were women. Not only did Zacky Farms pay the women who were discriminated against $325,000 in damages, but they also agreed to hire over 130 of the women who had brought the discrimination charges. If you have been discriminated against because of your gender, an experienced employment attorney can help you recover.

Both Federal and California law prohibit an employer to discriminate against an employee based on sex or gender. Federally, Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace. Examples of discrimination include hiring, firing, demoting, and/or providing benefits to one group (race, religion, gender) but not another. What it comes down to is that if you have been treated differently because of your sex (male or female) and the different treatment has negatively affected the conditions or terms of your employment, you need to call an experienced employment attorney now.

The women in Fresno, California stood up for their rights and you should too. If you live in California and you believe that you have been or are currently the victim of sexual discrimination or discrimination of any sort, call the California law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) today. Your consultation is free! And you will have the chance to speak with one of our experienced employment attorneys to hear how we can help you.

Do you have a disability? Your employer must work with you, the employee, to reasonably accommodate you and your disability. In a recent employment disability case against Wal Mart, the court found that it is the responsibility of the employer to participate in an “interactive process” and to work with a disabled employee to determine whether the employee’s disability can be reasonably accommodated. Since the exact definition of "interactive process" was not given by the court, an experienced Southern California employment lawyer can assist you in determining whether your employer has engaged in this process to accommodate your disability.

Your disability could be physical (obesity, deafness, or diabetes to name a few) and/or mental (such as depression, Bipolar Disorder, or ADHD). You can find a partial list of recognized disabilities here. And though it is generally your responsibility as the employee to inform your employer that an accommodation for your disability is needed, if your employer is conscious of or perceives a disability he might be obligated to provide reasonable accommodations for that known or perceived impairment.

Both California and Federal law protect you if you are disabled. If you live in California and are suffering from an acknowledged disability but your employer is not working with you to provide reasonable on-site accommodations for your disability, call the informed employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. We are here to help you.

If your employer reimburses you for business-related cell phone charges or provides you with a company cell phone, your employer should provide you with a hands-free device or at least reimburse you for the expense of purchasing one on your own. If your job requires that you use your own cell phone while on company business, the expense of outfitting the phone with a legal hands-free device must be paid by the employer. An experienced California employment attorney can help you determine if your employer should be providing you with or compensating you for purchasing a hands-free device to use while you are driving.

As of July 1, 2008 the long-awaited California Wireless Telephone Automobile Safety Act is in effect. How does this new California law affect your rights as an employee? This law prohibits drivers over the age 18 from using handheld wireless telephones while driving, unless the device allows for hands-free listening and talking. A person whose cell phone has speakerphone capabilities can use the speaker phone function while driving. Though text messaging while driving is not against the law as of this time, a police officer can cite you for texting while driving if he feels you are distracted as a result of the texting.

Your employer may not insist that you violate the law when carrying out your job responsibilities. Your employer might be violating the new cell phone law in California by demanding that you continue to use your company cell phone while driving but not providing you with a hands-free device such as a Bluetooth or other ear piece. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

Are you considered morbidly obese? Is the cause of your obesity physiological? If so, your employer cannot discriminate against you solely for this reason, which means that they cannot fire you for being morbidly obese as long as you are able to perform your job. Obesity, by its medical definition, is a disease in which excess body fat has accumulated to such an extent that your health may be negatively affected. Your BMI must be greater than 30 to be considered medically obese. Morbid obesity occurs when a person is over 100 lbs overweight or their BMI is over 40. Not only is morbid obesity an individual condition, which can lead to the contraction of diseases such as hypertension, diabetes, and heart disease, but it is a growing health problem in the United States and California. Over 64.5% of American adults considered to be overweight or obese. An experienced employment lawyer can help you make sure you receive the same treatment your non-obese co-worker receives and that you do not suffer disability discrimination. Please visit our webpage on Obesity Discrimination to learn more about your rights.

Many factors can contribute to morbid obesity. These factors include overeating or binge eating, stress, genetic predispostion, insufficient amount of exercise or sleep, to name a few. Your employer might be discriminating against you if he does not allow you to miss work for medical appointments or allow you to take a reasonable amount of time off work. If you are disabled as a result of your obesity, your employer also needs to provide you with reasonable on-site accomodations.

If you are classified as disabled as a result of your morbid obesity, are able to perform the essential functions of your job, but still feel your employer has discriminated against you due to your disability, the experienced employment attorneys at Greenberg & Rudman might be able to assist you in protecting your rights. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

The answer is No! An employee cannot be denied a promotion based on their national origin. The term “national origin” broadly refers to the country where you are born or where your ancestry comes from, and includes any display of the physical and cultural traits of a particular national group and is different from race discrimination. Your national origin is listed as its own protected category under the law, and though it is separate from race discrimination, an experienced employment lawyer will help you determine if you have two causes of action. Federal and California Law prohibit discrimination or harassment against an employee due to your race, age, national origin, religion, or disability. In California, the Fair Employment and Housing Act specifically prohibits race, color or national origin discrimination in hiring, training, or in the terms, conditions, or privileges of employment.

Do you believe that you were fired, overlooked for a promotion, or not hired because of your national origin or heritage? Are you being harassed at work due to where you were born or your ancestry? So long as you were qualified for the position in question, it is illegal to be denied a promotion because of your race, age, national origin, religion, or disability and it is illegal to harass you once you are there. Also, being fired from your job or not being hired for a job as a result of your national origin is illegal. An experienced attorney can help you determine if you were discriminated against based on your national origin. One way your employer can discriminate against you and your national heritage is by requiring that you and other employees only speak English in the workplace, which might place you at a disadvantage if English is not your primary language. It is also against the law for your current employer or a potential employer to ask you the origin of your last name, where you come from and/or whether or not you are of a mixed race unless it is done with the express purpose of complying with government laws regarding the reporting of ethnicity information. If you are denied equal employment opportunity because of your place of origin or ancestors’ place of origin, or because of you show the physical, cultural, or linguistic characteristics of a national origin group, your employer is breaking the law and an experienced employment lawyer will help you defend your rights.

If you suspect you have ever been fired or have not been hired or promoted because of national origin discrimination, call the employment law offices of Greenberg & Rudman LLP now! You can reach one of our experienced California employment attorneys at 1-800-ALAWPRO (1-800-252-9776) and receive a free consultation regarding your legal rights.

Are you the victim of sexual harassment on the job? Cases of sexual harassment in the workplace have increased in since 2007. Sexual harrassment is a form of sex discrimination. The legal definition of sexual harrasment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” One must be careful to note that conduct that is welcome, even if it is sexual in nature, is not considered sexual harassment. One way to be certain that the offender knows his or her conduct is not welcome is through communicating (verbally, in writing) to that person that their behavior makes you uncomfortable and that you would like them to stop. Both Federal law and California law prohibit sexual harassment in the workplace. It is also illegal for your employer to retaliate against you for reporting sexual harassment in your work place.

How do you know if you are a victim of sexual harassment? Examples of sexual harassment, when the behavior is severe, persistent, and unwelcome, include:

• Verbal or written comments about your clothing, personal behavior, or your body


• Sexual or sex-based jokes or innuendoes


• Requesting sexual favors or repeatedly you out on a date


• Spreading rumors about your personal or sexual life


• Assault or threats of assault


• Inappropriately touching your body or clothing such as kissing, hugging, patting, stroking


• Derogatory gestures or facial expressions of a sexual nature


• Posters, drawings, pictures, screensavers or emails of a sexual nature

Also, you might be the victim of sexual harassment if your employer has harassed you because you are female or because you are male. Although one single instance of rude or sexual behavior might be offensive, it might not be considered sexual harassment. However, if you are fired, refused a promotion, demoted, given a poor performance evaluation, or reassigned to a less desirable position because you rejected a sexual advance, or because you reported the harassment, that almost certainly constitutes sexual harassment. An experienced employment lawyer can help you determine if you are the victim of sexual harassment.

If you live in California and believe you have been sexually harassed in your work place, either by your boss or another co-worker, call the experienced employment lawyers at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 now for a free and confidential consultation. Stand up for your rights as an employee and call 1-800-ALAWPRO. We’re here to help.

Anahiem, California, as many of us know, is home to Disneyland; along with many other amusement parks and sports stadiums. The second largest city in Orange County, with a population of almost 350,000, Anaheim can proudly boast of its booming tourism industry. With the amusement parks, the numerous hotels and resorts, the baseball stadium, and the Anahiem Convention Center, many Anaheim and Orange County residents are employed in the tourism industry. While as those of us who are in the tourism and hospitality industries understand that the customer comes first, employees in these lines of business need to remember that their workplace needs cannot be sacrificed as a result of this need to please the customer.

A hostile work environment is never acceptable. Whether the hostility is a result of sexual harassment or race, national origin, religion, or gender discrimination, an experienced employment lawyer can help you determine if you are the victim of an unhealthy work environment. With almost half of Anaheim’s population made up of Latinos or Hispanics and another large percentage consisting of Asians and African Americans, the residents of Anahiem, California are diverse. This diversity among the residents of Anaheim might lead to diversity in the work place, which can often create tension and hostility.

Do you believe you have been a victim of racial, national origin, sexual orientation, or religious discrimination in your work place? Or have you been sexually harassed by your employer or another co-worker? An experienced employment lawyer can help. Our employment lawyers have practiced for years in Orange County and know how to fight for your rights. Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) 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.

If you are clinically depressed, your employer must respect your condition and cannot discriminate against you because you suffer from depression. Depression is more than a passing mood. It’s more than momentary sadness. Depression is a is a mental health disorder that can affect the way you eat and sleep, the way you feel about yourself, and the way you think about things. Depression cannot just be “willed away” and is in fact a medical condition with a clinical diagnosis that deserves serious attention.

How do you know if you are depressed? Some symptoms vary according to the person and can change over time. Several symptoms include:

• Feelings of hopelessness, pessimism


• Feelings of guilt, worthlessness, helplessness


• Loss of interest or pleasure in hobbies and activities that were once enjoyed


• Decreased energy and fatigue


• Difficulty concentrating, remembering, and/or making decisions


• Insomnia, early-morning awakening, or oversleeping


• Appetite and/or weight loss or overeating and weight gain


• Thoughts of death or suicide; suicide attempts


• Restlessness, irritability


• Persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders, and chronic pain

Fortunately, there is help for you if you suffer from depression. This includes psychotherapy and counseling as well as anti-depressant medication. If your depression is shown to be a disability, an experienced employment lawyer can help you make sure that your employer does not discriminate against you. If you live in California and you feel your employer has discriminated against you as a result of your depression by not allowing you to take time off work for counseling sessions or medical appointments, or not providing you with reasonable on-site accommodations for your disability, call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

According to a recent USA Today survey, Long Beach, California is the most ethnically diverse large city in the United States. Because Long Beach is such an ethnically and racially diverse city, an employee may end up being the victim of racial, national origin, religion, or gender discrimination. Title VII, a Federal law, specifically prohibits intentional discrimination, as well as neutral job policies that disproportionately affect employees of a certain race or color and that are not related to the job and the needs of the business.

With a population of over 460,000, Long Beach is also one of the largest cities in Los Angeles County. Residents of Long Beach, known for the Port of Long Beach, are entitled the same rights as an employee as a resident of a smaller town. An experienced employment lawyer who is familiar with Long Beach will be able to help you ensure that your needs as an employee are being taken care of.

If you live in Long Beach, California, and you feel like you have been the victim of any type of discrimination in your workplace, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). Our experienced employment attorneys understand the law and know your rights. Call now for a free consultation regarding your legal rights and to hear how one of our knowledgeable employment lawyers may be able to help you.

In a recent court case, a New Mexico judge ruled that a woman who had admitted to her employer that she had smoked marijuana could not be fired or discriminated against as a result of her drug use and awarded her $25,000 in damages. The woman, a 911 employee, informed her employer that she had smoked marijuana two years before. Along with two other employees, she was fired for admitting her drug use. The two other employees were given the opportunity to appeal their termination. The New Mexico woman was not given the same opportunity.

The woman claimed that her employer, the Mesilla Valley Regional Dispatch Authority, had singled her out because of complaints she had made about a supervisor. Or, in other words, the woman stated that she had been retaliated against by her employer. Retaliation is illegal both in California and throughout the United States.

Retaliation occurs when an employer takes an adverse (such as termination, refusal to hire, or demotion) against a covered individual because he or she engaged in a protected activity. A covered individual is an employee who has opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. In this case, the protected activity was filing a lawful complaint against her employer/supervisor.

Do you believe you have been discriminated against or retaliated against for admitting your past drug use? Experienced employment lawyers might be able to help you recover damages for any pain, suffering, or lost wages you may have incurred as a result of retaliation. Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) 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.

In CA, it is the law that your employer allows you to take a 30 minute meal break for every 5 hours you have worked, if your work day is longer than 6 hours. Even if your work day is less than 6 hours, you must agree to waive your right to a meal break with a written agreement between you and your employer. The California Labor Code also requires that employers permit employees to take a rest period lasting at least 10 minutes for every 4 hours worked. There are very few exceptions to the California meal break and rest break rules and an experienced lawyer will be able to help you make sure your rights as a CA employee are being protected.

Additionally, the law in CA provides that if you qualify for a meal period and your employer fails to provide you with one, your employer owes you one hour of pay at your regular rate of compensation for each work day that the meal period is not provided. The law in California is very protective of your rights as an employee, which include the right to take meal and rest breaks. It is illegal in CA for your employer to ask you to waive your meal break or to make you take your meal break at the beginning or end of your shift. For example, if your shift is 8 hours, your employer cannot demand that you take your meal break after 7.5 hours of work, and then send you home. The law clearly states that for certain employees, a meal break is required after 5 hours of work. An experienced employment attorney will help you determine if your meal break and rest period rights are being violated.

Talk to your employer to ensure that you are receiving the meal breaks and rest periods you are entitled to as a CA employee. If you feel like your employer is not providing you with the appropriate breaks, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights in California and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

A judge found Wal Mart guilty of breaking over 2 million labor laws, including requiring hourly employees to work off-the-clock during training and denying its employees full rest or meal breaks, in a very recent court case. Both federal and California state laws require that an employer pay its employees for overtime based on a certain number of hours the employee works each week. An experienced employment attorney can help you determine if you are not being paid for the hours you are working over time. A California employment lawyer can also make sure you are receiving the meal and rest breaks you deserve.

This is the latest of several court cases in which WalMart has been found guilty of not protecting the interests of its employees. Wal Mart is no different from any other employer in that it is up to an employer to make sure he has you, the employee’s, best interests in mind and provides you with a secure and law-abiding work environment. This might include compensating you if you have worked overtime and providing you with meal and rest periods.

If you believe that your rights as a California employee have been violated because you are not being compensated for hours you worked overtime or you are being prevented from taking meal and rest breaks, the California law offices of Greenberg & Rudman LLP are here to help. To speak with one of our experienced employment attorneys and hear how we might be able to assist, call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation now regarding your legal rights.

In a recent California case, the court determined that an Ontario, California police officer had the right to expect his text messages would be private and not read by his employer, even though he was using a cell phone provided by the Ontario police Department. According to the Fourth Amendment of the US Constitution and the CA Constitution, an employee has a reasonable expectation of privacy in his text messages. The CA Appellate Court decided this was the case even though the City, the police officer's employer, had informed the officer that he should have no expectation of privacy or confidentiality when using these resources. Additionally, the officer signed a form stating he understood that the City reserved the right to monitor and log all network activity including e-mail and Internet use, with or without notice. Still, the CA court determined that the employee's rights were violated by this unlawful search.

While emails sent using the company's server are not usually protected by the Fourth Amendment, the text messages you are sending on your company's phone might be protected from your employer's eyes. This means your employer cannot fire you, discriminate against you, or mistreat you because he has (probably unlawfully) read your text messages. An experienced California employment lawyer will help you determine if your rights are being violated.

Has your employer been reading your text messages? Has she also been treating you differently or discriminating against you as a result? If you live in California and you feel like your privacy has been violated or that you have been discriminated against as a result of your privacy being violated by your employer, call us at now at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) in CA for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

In a recent Orange County, California case, an OC judge ruled that if you are not paid all your wages owed at the time of your termination, or if you quit and are not paid all the wages you are owed within 72 hours of departure, you may be entitled to Waiting Time Penalties. Waiting Time Penalties represent up to thirty days of wages. These 30 days of wages represent thirty individual days of wages, not one month's pay. Does your former employer owe you Waiting Time Penalties? An experienced employment lawyer can make sure you receive the Waiting Time Penalties compensation you deserve.

The right to the waiting time penalty is self-executing, meaning that as a former employee you are not required to do anything affirmative — "take action" — in order to be entitled to the continuing right to wages. The waiting time penalty is immediately due and payable to you, the employee. If your employer did not pay you all the wages owed to you when you left the company, an employment attorney might be able to help you recover in restitution and receive compensation for your lost wages.

Does your former employer still owe you wages? Have you contacted your former employer and he still won’t pay you what you are lawfully owed? If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

A CA police officer was discriminated against because he was gay, but by filing a lawsuit against the city, he was able to recover damages. The police officer had informed the Chief of Police that he was gay. When the officer was later denied another position in the force, and given what the court determined was a bad excuse for not receiving the position, he sued the California city claiming that he was discriminated against because of his sexual orientation.

In CA it is illegal for an employer to discriminate against an employee because of the employee’s sexual orientation, or even perceived orientation. That means that if you are gay, lesbian or bisexual, you are protected by law against harassment and discrimination due to your sexual orientation. If you have filed a report with the California Labor Commission within 30 days of the date the sexual orientation discrimination occurred, an employment lawyer might be able to help you sue in court. Like the police officer who won his case, you can claim future lost earnings and employment benefits, as well as pain and suffering and harm to your reputation for discrimination and retaliation.

If you live in California and are a victim of discrimination in your workplace, or believe you have been discriminated against in your office because of your sexual orientation, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

The California Labor Code states that your employer must provide you with safe working conditions, so it is within your rights under CA law to report unsafe conditions to your employer and to ask for your employer to implement corrective measures.. Your workplace environment must also be conducive to your health, and it is up to your employer to do everything it can to protect and safeguard you while you are within your work place. If your employer retaliates against you for reporting an unsafe work condition, an experienced employment attorney can help you defend your rights.

Examples of employer retaliation for reporting an unsafe workplace include termination, getting laid off, demotion, discrimination, or threatening any of the above. As an employee in the state of CA, you have the right to make oral or written complaints when you notice problems within your work environments. These complaints should never subject you to retaliation by your employer. If you are retaliated against as a result of reporting an unsafe working condition, the law is on your side. Experienced employment lawyers might be able to help you recover damages for any pain, suffering, or lost wages you may have incurred as a result of retaliation.

Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) 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.

If you are injured on the job in California due to physical injury or stress you are entitled to file a workers comp claim. CA law dictates that your medical expenses need to be paid. In addition, you should get paid for time off from work. This replaces the wages you would have earned on the job. An experienced employment attorney can help you make sure you are receiving the treatment from your employer that you should.

In CA, workers' compensation benefits are paid by an employer's workers compensation insurance policy. Your employer must have workers comp insurance because California law requires employers to have worker’s compensation insurance if they have even one employee. Additionally, your employer cannot retaliate against you for filing a workers comp claim. An example of retaliating includes firing you even though you can still do your job. If your employer does retaliate against you for filing such a claim, you can file another claim for discrimination and be awarded more money in damages.

If you have filed a workers compensation claim and have not been adequately compensated or you believe your employer is discriminating against you after you filed the claim, you should call us now at the law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) 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.

Gay marriage was legalized in California on June 17, 2008 which means that gay and lesbian same sex couples are now entitled to the same health benefits from their employer as straight couples. If you are gay or homosexual, not only can your employer not discriminate against you because of your sexual orientation, but under CA law, your employer must provide you and your partner with health insurance benefits equal to those of a straight couple. This is because benefits provided under state law or employer policy must be provided equally to same-sex spouses as is provided to spouses of the opposite sex. If your employer fails to do this, they are violating you legal rights and discriminating against you due to your sexual orientation. An experienced attorney can help ensure your work place needs are being met.

In addition to gay marriages performed in California, same-sex marriages validly entered into in a state outside California are now recognized as legal in CA and need to be recognized by your employer. This means your partner can be placed on your health plan at work and receive the same health insurance benefits you do.

So what should you do to ensure that you are receiving your legal rights in the workplace? Talk to your employer to ensure that you and your spouse are receiving the health insurance benefits you are entitled to as a gay or lesbian couple. If you feel your employer is not providing you and your partner with the respect and benefits a same sex couples deserves, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

It is illegal for potential employers to ask certain questions in a job interview, as these questions can be seen as discriminatory. While an interviewer can ask a question that relates to your ability to perform a particular job function, such as asking if you can prove that you are eligible to work in the US, federal law prohibits questions relating to personal characteristics that are not job-related. Questions about your race, age, sex, religion, national origin, or disability could be discriminatory and an employer is not allowed to not hire you because of race, age, sex, religion, national origin or sexual orientation. An experienced employment attorney can held you determine if you have been discriminated against in a job interview.

Questions that are not allowed include:

• Are you married? Are you planning to get married?


• Do you have children? Are you planning to have children?


• Where were you born?


• What's your sexual orientation?


• Have you ever been arrested?

Any question from an interviewer about a legally protected categories such as your sexual orientation, age, religion, race, gender, national origin, or disability could be considered a form of discrimination and is illegal. If you suspect you have ever not been hired because of such discrimination, call us now at Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a free consultation in California regarding your legal rights. Get your questions answered from one of our experienced employment attorneys now!