Los Angeles Employment Lawyer Blog

The EEOC, the Equal Employment Opportunity Commission, is a US federal agency empowered by Congress to help enforce laws prohibiting discrimination in the workplace. In addition to regulating companies that commit acts of discrimination, the EEOC takes complaints from employees who feel their rights are being violated. In their broad-based investigations, the EEOC examines a company’s practices to see if there is hidden discrimination in hiring, promoting, firing, or payment practices, to name a few ways an employer can discriminate against an employee.

The EEOC also works to educate companies and the public on what constitutes discrimination. Its various federal laws include the Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), the Rehabilitation Act of 1973, and the Americans with Disabilities Act. An experienced employment lawyer can help you determine if you have been the victim of one of the various types of discrimination.

If you are an employee in the California workplace and believe you have been the victim of any form of discrimination, the Law Offices of Greenberg & Rudman LLP are here to help you defend your rights. We understand the EEOC and the various laws it regulates. Don’t wait --- 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION

Bookmark:

Last week, Governor Schwarzenegger signed a law that will change the way temp workers are paid by temp agencies which employ them. Under this new law, which goes into effect in January, temporary service agencies must pay temps every week instead of every other week. The law also requires agencies to pay temps daily when they work for a client on a “day-to-day basis.” However, there is an exception with temp employee on assignment for over 90 consecutive calendar days. The weekly payment requirement will not apply to these employees unless their employers pay them weekly.

Are you a temp employee? Here are a variety of situations that show when an employee might be considered a temp worker:

• You are employed by a temporary employment agency and placed in a temporary job at another company’s work site


• The agency or the company where you work tells you when, where and how to do your job


• You are paid by the hour, week or month instead of a set amount for completing a specific job

Of course, an experienced employment lawyer will be able to help you determine if you are a temp worker and thus, under this new law starting January, qualify for receiving your wages weekly. The knowledgeable employment attorneys at Greenberg & Rudman might be able to assist you. 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS

Bookmark:

Do you have a criminal record? Have you been fired because of the felonies or misdemeanors on your criminal record? If so, you might have a cause of action against your employer. While an employer may be held liable for the negligent hiring of a certain type of convicted felon for the injuries caused by that worker if the employer should not have hired the person in light of his dangerous propensities, the law limits what kinds of background checks on employer can use.

Depending on the job, additional investigations into the potential employee’s background might be appropriate, including a criminal check, drug screening or credit report. If you believe your employer has crossed the line and invaded your lawfully protected rights as an employee in California, an experienced employment lawyer might be able to help you. Some employers are legally required to conduct background checks for certain jobs and many others do so to as a safe guard. Under the FRCA, you must sign a release allowing your employer, or potential employer, to perform a background check.

The typical employment background check examines:

• School records
  
• Credit reports


• Driving records


• Bankruptcies


• Criminal records


• Workers' compensation records


• Military service records

If you live and/or work in CA and your employer has performed an illegal or without consent background check on you, call the knowledgeable employment lawyers at Greenberg & Rudman LLP. We are here to help you. Call 1-800-ALAWPRO (1-800-252-9776) now for a free consultation regarding your legal rights.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS

Bookmark:

Last week, ten thousand writers settled their class action law suit against a large talent agency, ICM, winning in over $4 million in damages for the writers. The writers claimed that the agency discriminated against older writers by refusing to represent them and also by not referring them for various jobs they were qualified for. These writers, who were 40 years old and older, are protected by the Age Discrimination in Employment Act of 1967.

The EEOC, or Equal Employment Opportunity Commission, enforces the Age Discrimination in Employment Act a federal law that protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under this federal law, it is illegal to discriminate against a person because of his/her age when hiring, firing, promoting, laying off, compensating, or providing benefits, job assignments, or training, or any other term of employment, to an employee or potential employee.

If you are a CA employee over 40 and believe you are or have been the victim of age discrimination, call an experienced employment lawyer today. The knowledgeable employment attorneys at Greenberg & Rudman LLP 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION

Bookmark:

Do you suffer from allergies? Are your allergies made even worse at work? If you are disabled, or have a record of being disabled and can demonstrate that while your disability results in a physical limitation you can still perform the essential functions of the job but your employer has discriminated against you because of your allergies, you might have a cause of action against your employer. An experienced employment lawyer will help you determine whether or not you have been discriminated against by your employer.

Your employer might have discriminated against you by taking adverse action such as not hiring, firing, or demoting you because of your allergies. An allergy is disorder of the immune system suffered by millions of Americans. Dust, pollen, and food are common allergies. If your allergies have rendered you disabled, your employer cannot discriminate against you by not allowing you to miss work for medical appointments or to receive your allergy shots or by not providing you with reasonable accommodations at work.

If you suffer from a disability, including allergies, the experienced employment attorneys at Greenberg & Rudman LLP 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION

Bookmark:

Are you an employee in Irvine, CA? Are you the victim of discrimination or harassment in your workplace? The experienced legal team of Greenberg & Rudman LLP are here to help you. Irvine, California is a beautiful city to live and work in. With a majority of its residents employed in the education or real estate industries, the almost 200,000 residents, many of them are Asian Americans and other minorities.

Racial, sex, gender, age, nationality, and religious discrimination at work are illegal in California. Both federal and state laws protect CA residents from having to suffer from discrimination and/or harassment in their CA workplace. A knowledgeable Irvine, CA employment attorney will help you defend your rights.

If you live and/or work in Irvine, CA, and believe you have been the victim of race, religious, sex, gender, age, or nationality discrimination in your workplace, call the local law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) today. We have been practicing employment law in Irvine and Southern California for 50 years! Your consultation is free! And you will have the chance to speak with one of our knowledgeable employment attorneys to hear how we can help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Two female employees won a lawsuit against their employer, a large law firm, after showing they were the victims of a form of gender discrimination --- pregnancy discrimination. One female was let go in what the firm called “downsizing.” The other woman’s salary was cut just before she left on maternity leave. According to the judge, both women had been the victims of pregnancy discrimination.

Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from any type of race, color, religion, sex, or nationality discrimination. Included in this is pregnancy discrimination against a female employee. If your employer discriminates against you because you are pregnant by demoting you, cutting your pay, not providing you with certain benefits, or firing you an experienced employment attorney can help you defend your rights.

If you live and work in California and you believe that you have been or are currently the victim of pregnancy 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 knowledgeable employment attorneys to hear how we can help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION

Bookmark:

According to a recent report by the EEOC, the Equal Employment Opportunity Commission, discrimination in the workplace is on the decline. This includes racial, sex, gender, nationality, and religious discrimination. In part due to the efforts of the EEOC, there have been positive changes in the composition of the national work force. Overall, the representation of women, Hispanic or Latinos, African Americans, and Asians has slightly increased.

While this is great news for many American workers, the results of this study does not mean that all types of discrimination have been completely eliminated in the CA workplace. If you are or have been the victim of race, sex, gender, religious, or nationality discrimination, an experienced employment lawyer can help you defend your rights.

If you are a CA employee and believe your employer has discriminated against you because of your race, religion, sex, gender, or nationality a knowledgeable employment attorney can help you defend your rights as an employee in California. Call the Law Offices of 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 assist you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION

Bookmark:

Religious discrimination in the work place is against the law in California. Whether your employer discriminates against you because you are a member of a certain religious group or because you are not a member of a particular religion, both types of discrimination are illegal. Recently, a CA jury awarded a female employee over $6 million dollars because they found that her employer had not promoted her because she was not a member of a certain religious group --- one that her employer happened to belong to. An experienced employment attorney can help you recover damages if you have been discriminated against at your job because of your religion.

Religious discrimination can take place in many forms. Examples include:

• Your boss favors employees who are a member of a certain religious denomination, especially if it is the same group s/he belongs to


• Your boss demotes or does not promote you because you are a certain religion


• Your boss has fired you because of your religious beliefs


• Your boss harasses you because of your religion / religious background

If you live in CA and believe you have been the victim of religious discrimination, or any other type of discrimination, call the experienced legal team of Greenberg & Rudman LLP. Our knowledgeable California 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 discrimination. Call us 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 lawyers may be able to help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION

Bookmark:

Once again, non-compete clauses in employment contracts are considered to be illegal in California, with a few minor exceptions. In 1872, CA decided it would favor open competition, rather than allowing non-compete clauses in employment contracts and another CA Supreme Court case has upheld this notion. In a recent case against accounting firm Arthur Anderson LLP, the Court stated that California employers cannot by contract prevent former employees from engaging in their profession, trade or business, unless the contract falls within one of the specific statutory or judicially created exceptions.

The exceptions to when the law does allow non-compete clauses are:

• When a business owner sells his business in goodwill


• When an owner is disposing of all shares in a corporation


• When the owner of a business is selling all or substantially all of the operating
assets and goodwill of a business

• When a partner is dissolving or withdrawing from a partnership


• When a former employee uses a former employer's trade secrets or confidential
proprietary information to solicit the business of the former employer's customers

• When a former employee engages in other types of unfair competition

If you have signed a non-compete clause with your employer that does not fall within one of the protected categories, you need the experience of a knowledgeable legal team to help you defend your rights as a California employee. If you live in CA, the employment attorneys at Greenberg & Rudman LLP are here to help you. Don’t waste time, 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 assist you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS

Bookmark:

As an employee in California, you are entitled to receive your paycheck via the use of debit cards or money checks. California’s labor enforcement agency, the DLSE, recently approved the use of both of the methods of payment for employees to receive their wages stating that they comply with the wage payment regulations of the California Labor Code. Talk to your employer to receive either of these methods of wage payment.

Wage payment by use of debit cards involves payroll being deposited into debit card accounts on scheduled paydays. As an employee, you can use the cards to gain immediate access to your full wages. You can also make at least one withdrawal without a transaction fee. The payment of wages using money checks involves you, the employee, being given a book of blank checks by your employer. On each payday, you call a toll free number and are given an authorization code to write on the check. You can then cash the payroll check at designated locations in California. In both of these methods of wage payment, participation is voluntary.

If you have discussed these options with your employer and he is unwilling to accommodate you, you might have a legal claim. Experienced employment attorneys will help you determine if you do have a legal claim against your employer. If you live or work in CA and you believe you have not been properly accommodated by your employer, Greenberg & Rudman LLP is here to help. Call our experienced employment attorneys now at 1-800-252-9776 (1-800-ALAWPRO) today for a free consultation regarding your legal rights and to hear how one of our lawyers may be able to help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS

Bookmark:

Mono, or mononucleosis, is a virus that could be affecting how you work. Also known as the “kissing disease,” mono occurs most commonly in adolescents and young adults, but could be lying dormant in your workplace, waiting to infect you. Mono is typically transmitted from individuals not showing outward signs of the virus through saliva, or by sharing a drink, or sharing eating utensils.

Symptoms of mono include:

• Fever
  
• Lymph nodes that are tender and enlarged/swollen


• Sore throat


• Muscle weakness or aching muscles


• Mental fatigue


• Enlarged spleen


• Abdominal pain


• Headache


• Loss of appetite


• Depression


• Diarrhea


• Dizziness or disorientation

If you are suffering from mono, you must show your employer that you are disabled and that your disability results in physical limitations but that you are still able to perform the essential functions of your job. At that point, your employer needs to reasonably accommodate your disability and cannot discriminate against you because of your disability. Ways you might be discriminated against include not allowing you to miss work for doctor’s appointments and not accommodating your need for additional rest due to your illness.

If you live in California you feel your employer has discriminated against you or is currently discriminating against you as a result of your disability, call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now. Our employment lawyers will give you a free consultation regarding your legal rights and explain how we may be able to help you. Your call is completely confidential, and we are here to help.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION

Bookmark:

If you are an employee in or resident of Torrance, CA, the experienced legal team of Greenberg & Rudman LLP is here to help you. With a population of over 150,000 people (and the number growing every year) many Torrance, California employees are finding themselves to be victims of discrimination at their place of work. Both federal and state laws prohibit discrimination at work. Types of discrimination include racial, gender, sexual orientation, religious, and nationality.

Torrance is home to the US headquarters of two large automakers and also has a thriving aviation industry. While a lot of the oil business has dried up, a large number of employees in Torrance, CA also work at one of the local oil refineries. No matter where you work, or in which industry, as a California employee you deserve the rights afforded to you by federal and state law. Knowledgeable employment lawyers understand these rights.

If you live and/or work in Torrance or the greater Los Angeles area and believe you have been the victim of discrimination at work or you have another type of employment claim against your employer, the law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) are here to help you. Call us now and you will receive a free consultation regarding your legal rights and hear how one of our experienced employment lawyers may be able to assist you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION

Bookmark:

FEHA, the California Fair Employment and Housing Act, is a powerful California statute used to protect CA employees and fight sexual harassment and other forms of unlawful discrimination in employment and housing. FEHA governs employers and labor organizations, to name a few. As a law, it prohibits employment discrimination based on race or color; religion; nationality, physical or mental disability or medical condition; marital status; gender; sexual orientation; age (with respect to persons over the age of 40); and pregnancy, childbirth, or related medical conditions. Essentially, under FEHA, all forms of discrimination in the work place are illegal.

Additionally, FEHA also prohibits retaliation against an employee for opposing any practice forbidden by FEHA (such as discrimination) or for filing a complaint, testifying, or assisting in proceedings under FEHA. Not only can your employer not discriminate against you in any way or for any reason, but he cannot retaliate against you for reporting such discrimination, whether it is against you or someone else you work with.

If you live in California and you feel your employer has discriminated against or retaliated against you for reporting discrimination at your job, call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now. Our experienced employment lawyers will give you a free consultation regarding your legal rights and explain how we may be able to help you. Your call is completely confidential, and we are here to help.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

California gas prices are astronomical. As many CA employees are realizing, it is becoming very costly to drive to work. But as an employee, do you have any other options? Perhaps. First, it is important that you discuss your situation with your boss. More and more employers are recognizing that the cost of gas is making it uneconomical for employees to drive to work --- many employees simply do not make enough money to justify the drive. As a result, employers have begun to work with their employees.

Some employers are allowing their employees to work 4 day work weeks. This means longer hours on those 4 days, but less driving. Other employers are subsidizing employee use of public transportation and reimbursing for mileage. Even better, some employers are allowing employees to telecommute, or work from home. It is in your employers’ best interest to work with you, the employee, to create a comfortable work environment.

If you have spoken with your employer and he will not only not listen to your needs but has begun to retaliate or discriminate against you for requesting reasonable accommodations in your work commute, contact the experienced legal team at Greenberg & Rudman LLP. If you live and work in CA, our experienced employment attorneys are here to help you defend your rights. Call our 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 lawyers may be able to assist you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS

Bookmark:

Are you a California employee experiencing a loss in sexual drive or desire? The law might be on your side. A recent court ruling found that the loss of sexual desire is a disability requiring reasonable accommodation. Under the Rehabilitation Act of 1973 and the Americans with Disabilities Act, one way for an employee to show his or her disability is to demonstrate that the alleged disability substantially limits one or more of the major life activities. A person is substantially limited when he or she is unable to perform, or significantly restricted in performing, a major life activity that the average person in the general population can perform.

This recent employment case indicates that the definition of disability has been expanded to include both physical and mental impairments which might limit your ability to engage in sexual relations. Sexual relations qualify as a major life activity under Federal laws. Other major life activities include hearing, seeing, walking, speaking, learning, working, performing manual tasks or caring for oneself. If you are a disabled employee you are protected by law. If your employer is not recognizing your disability, whether it is a sexually related one or not, an experienced employment lawyer can help you.

The knowledgeable California employment lawyers of Greenberg& Rudman LLP will help you make sure your employer is recognizing your disability and providing you with appropriate and reasonable accommodations. Call us now and you will receive a free consultation regarding your legal rights and learn how one of our experienced employment lawyers may be able to assist you.