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.

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Posted In: WORKPLACE DISCRIMINATION

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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.

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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.

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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!

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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If you are clinically