In Los Angeles, there are countless hardworking individuals who rely on their jobs to live a normal life. They go to work every day, ready to take on what’s in store and get the job done. Typically, most people can do this without issue.
Unfortunately, it’s not always the case and some employees are left dealing with problems in the workplace.
There are some situations in which employees have their rights put to the side and employers or co-workers break the trust between boss and employee. There are a number of ways this can happen, but fortunately, there are some laws to protect employees in the workplace.
Understanding employment law is important and knowing what rights you have can be the difference should you need to take legal action to protect yourself. Here is a quick guide to employment law so you know what to expect.
What Does Employment Law Protect You From?
For many individuals, there are significant obstacles that they may face from both employers and co-workers. For instance, there may be situations in which a person is either not hired, fired, or treated poorly because of age, gender, race, or other non-work related characteristics.
When this happens, it may be considered discrimination and the individual on the receiving end of the wrongful acts may be able to take action against the party responsible. They may be able to seek compensation for income they may have lost if they were fired.
Furthermore, there are rights to protect individuals from harassment, unfair pay or unpaid income, wrongful termination, and more. Employment law is designed to help protect individuals in these situations.
- Wrongful Termination: Wrongful termination refers to situations in which an individual is fired as a result of something that isn’t related to their work performance. This includes situations such as firing for gender or race, or simply out of favoritism.
- Wage and Hour Disputes: Certain laws protect individuals from working more hours than contracted without receiving the necessary income. Employees have the right to correct pay for overtime and if not paid, the employee may be able to file a lawsuit to seek the unpaid wages.
- Retaliation: If you know of a situation in which your employer is operating illegally, or is doing something wrong, you have the right to report it. Employment law protects you from being fired for retaliation purposes should the employer learn of your involvement in the report.
- Leave of Absence: In some situations, employees may need to take leave for disability, family, jury duty, medical reasons, or for military purposes. If your employer does not allow for this kind of leave, and fires you as a result, they are taking advantage of your rights.
These situations happen far too often and employers should be held accountable when their actions harm employees and impede upon on their rights. It’s important to know what steps to take in order to protect these rights with the right help.
Key Agencies Enforcing Employment Law
When your rights as an employee are violated, knowing which government agency to turn to is a critical first step. Several federal and state bodies are tasked with investigating claims and enforcing employment laws. These agencies serve as powerful allies for workers.
Equal Employment Opportunity Commission (EEOC)
The EEOC is a federal agency responsible for enforcing laws that make it illegal to discriminate against a job applicant or an employee because of their race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
The EEOC investigates charges of discrimination and harassment. If the agency finds that discrimination has occurred, it will try to settle the charge. If a settlement is not reached, the EEOC has the authority to file a lawsuit to protect the rights of individuals and the interests of the public.
Department of Labor (DOL)
The U.S. Department of Labor (DOL) is a cabinet-level department that administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 150 million workers and 10 million workplaces.
The DOL’s responsibilities include protecting workers’ wage and hour rights, ensuring workplace safety and health, and providing unemployment insurance benefits. Key agencies within the DOL include the Wage and Hour Division (WHD) and the Occupational Safety and Health Administration (OSHA).
California Department of Fair Employment and Housing (DFEH)
At the state level, California employees have the Department of Fair Employment and Housing. The DFEH is the state agency charged with enforcing California’s civil rights laws.
Its mission is to protect the people of California from unlawful discrimination in employment, housing, and public accommodations, as well as from hate violence and human trafficking. For many employment issues in California, the DFEH provides protections that are even broader than federal laws.
Specific Laws Protecting You in the Workplace
Federal and state governments have enacted specific statutes to provide a legal framework for employee rights. These laws form the backbone of employment protections, covering everything from fair pay and medical leave to a workplace free from discrimination.
Title VII of the Civil Rights Act of 1964
This landmark federal law is the foundation of anti-discrimination protections. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees and covers all aspects of employment, including hiring, firing, promotions, and compensation. It also makes it illegal for an employer to retaliate against a person for complaining about discrimination or participating in an investigation.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against qualified individuals with disabilities. It requires employers to provide reasonable accommodations for employees with disabilities, as long as doing so does not cause undue hardship for the employer. A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
Family and Medical Leave Act (FMLA)
The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. The FMLA applies to public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.
Eligible employees can take FMLA leave for the birth and care of a newborn child, for placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.
Age Discrimination in Employment Act (ADEA)
The ADEA specifically protects individuals who are 40 years of age or older from employment discrimination based on age. These protections apply to both employees and job applicants. The law makes it illegal for an employer to discriminate in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
What Are Class Action Lawsuits in Employment Law?
When the actions of a company or employer impact a large number of employees, there is a potential for a class action lawsuit. Typically, these types of cases are designed to go against large corporations or organizations who have violated the rights of those who work for them.
Typically, these cases involve the following:
- Hostile work environments
- Harassment
- Discrimination
- Wage and hour disputes
- Wrongful termination
- Retaliation
By pursuing a class action lawsuit, you have multiple people making the same claim, providing similar evidence, and working with a lawyer who knows how to help you and your colleagues hold your employer accountable.
With more individuals in a case, there is less chance of retaliation and a potential for additional rewards. If you’re in a situation where you have more than one employee facing the same employment law issues, a class action lawsuit may be the best option available to you.
How You Can Seek Compensation
At LNN, our Los Angeles employment lawyers are dedicated to helping individuals throughout Southern California and the entire state who have had been mistreated at their place of work.
When your rights are violated and you lose your job as a result, you have the right to seek justice and compensation. Whether you are dealing with discrimination, harassment, wage disputes, wrongful termination, or any other issue as a result of actions by an employer, co-worker, or third party, we can help.
You may be able to force your employers to take responsibility for their actions and seek not only compensation for the potential lost wages, but also for their wrongdoings.
We understand the various legalities involved and ways to help provide evidence necessary to prove that your rights were violated. We work hard to put our clients’ needs and best interests first so they can get the compensation they deserve.
We have helped many years and recovered millions of dollars for our clients after they have faced injustice in their workplace. We take the treatment of employees very seriously and we work hard to help them reach the outcome they deserve.
Don’t deal with complex paperwork and the defense of your employer alone. Let LNN put their experience on your side and guide you through the entire process, working hard to protect your rights every step of the way.
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