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Palos Verdes Estates, United States Attorneys in related practice areas.
Browse our 3 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Hi, Typically, you must file an EEO complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the discriminatory act. However, if your employer is a state or local government entity, you have 300 days...
Read full answerHello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerThank you and best regards, Kingsley Izimah, Esq. SK Solicitors
Read full answerEmployment and labor law in Palos Verdes Estates is governed by a combination of federal statutes, California state law, and any applicable local rules or ordinances. Federal laws such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Labor Standards Act set baseline protections for discrimination, accommodations, wages, hours, and overtime. California law often provides broader protections and higher standards than federal law in areas like wage-and-hour rules, family and medical leave, workplace harassment, and restrictions on noncompete agreements. For disputes that cannot be resolved administratively, Los Angeles County courts handle employment litigation.
Employment issues can be legally complex and emotionally charged. A lawyer can help you evaluate the strength of your claim, calculate damages, preserve evidence, meet procedural deadlines, and negotiate or litigate on your behalf. Common situations where people seek a lawyer include:
- Discrimination or harassment based on protected characteristics such as race, sex, religion, disability, age, or national origin.
- Wrongful termination or constructive discharge where you believe you were fired for an unlawful reason.
- Wage-and-hour problems, including unpaid wages, unpaid overtime, missed final paychecks, meal-and-rest break violations, and wage statement errors.
- Misclassification as an independent contractor when you should be an employee, or disputes over commissions and bonuses.
- Retaliation for reporting unlawful conduct, taking protected leave, or asserting workplace rights.
- Negotiating or reviewing severance agreements, employment contracts, noncompete or nonsolicitation clauses, and arbitration agreements.
- Workers compensation and workplace safety issues where you need help navigating claims or appeals.
- Union and collective bargaining matters for represented employees, and representation matters for public employees governed by local rules.
Key legal sources that affect workers and employers in Palos Verdes Estates include federal law, California statutes and regulations, and select local rules. Important topics to understand:
- Wage-and-hour rules - California sets minimum wage, overtime, and meal-and-rest break requirements that are often more protective than federal law. Some cities and counties may set higher local minimum wages or specific leave rules. The highest applicable rate prevails.
- Anti-discrimination and harassment - California law, enforced by the California Civil Rights Department, generally covers more employers and a broader range of protected characteristics than federal law.
- Leave laws - Federal Family and Medical Leave Act provides job-protected leave for qualifying employers and employees. California law also provides family and medical leave and related protections that may apply more broadly. Paid sick leave and other paid leave requirements are set by state law and may be supplemented locally.
- Employee classification - California uses tests to determine whether a worker is an employee or independent contractor. Proper classification matters for wages, benefits, unemployment insurance, and taxes.
- Noncompete and restrictive covenants - California generally disfavors most noncompete agreements and restricts their enforceability, but confidentiality and trade-secret protections remain available.
- Public sector employment - City employees and other public employees may be covered by civil service rules, local memoranda of understanding, or other administrative processes specific to government employment.
- Enforcement - Wage claims are usually handled by the Division of Labor Standards Enforcement or the Labor Commissioner. Discrimination and harassment complaints are handled by the California Civil Rights Department and the federal Equal Employment Opportunity Commission. Unemployment issues go through the Employment Development Department. Civil litigation in county superior court is an option where statutes permit.
Document the event - keep emails, texts, performance reviews, and any correspondence. Write a timeline with dates and names of witnesses. Consider contacting a lawyer promptly because administrative deadlines and statutes of limitation can be short. You can also file a charge with the appropriate agency, such as the California Civil Rights Department or the EEOC, but an attorney can help you decide the best route.
Employers can offer severance agreements that include release language, but you do not have to sign. If you are presented with such an agreement, have an attorney review it to explain what rights you would be giving up, whether the agreement is fair, and whether negotiation is possible. Certain waivers must meet legal requirements to be valid, especially for claims involving discrimination or wage laws.
California has specific rules for overtime pay, minimum wage, and meal-and-rest breaks. Commissioned employees may have special calculation rules. Miscalculated overtime, missed breaks, or improper commission calculations can result in unpaid wages and penalties. A lawyer experienced in wage-and-hour law can help determine whether you are owed additional pay and the best way to pursue a claim.
Federal FMLA and California family and medical leave laws provide job-protected leave for qualifying employees, but eligibility depends on employer size and your length of service and hours worked. Some leaves are paid and some are unpaid. Employers cannot retaliate for taking protected leave, and must typically provide job-restoration rights. Check eligibility rules and coordinate leaves with your employer and a medical provider.
It depends on the law. Federal anti-discrimination statutes such as Title VII usually apply to employers with 15 or more employees. California state laws often apply at lower thresholds and sometimes to employers with five or more employees. Specific protections and thresholds vary by statute, so confirm how the law applies to your employer size with a lawyer or the civil rights agency.
Arbitration agreements are common. Many are enforceable, which can limit your ability to sue in court and require claims to go to private arbitration. Some arbitration provisions can be challenged if they are procedurally or substantively unconscionable, or if they seek to waive statutory rights in impermissible ways. Get legal advice before signing or if you wish to challenge an existing agreement.
Misclassification depends on factors like control over work, opportunity for profit or loss, investment in tools, and whether the work is integral to the employer's business. California uses multi-factor tests to assess classification. Misclassified workers may be owed unpaid wages, benefits, and reimbursement for business expenses. An employment lawyer or state agency can help evaluate your status.
Possible remedies include unpaid wages, overtime, liquidated damages, penalties, reinstatement, back pay, front pay, emotional distress damages, and attorneys fees. Administrative agencies may offer remedies or refer you to litigation. Remedies depend on the type of claim and the statute that governs it.
Time limits, or statutes of limitation, vary by claim and jurisdiction. Federal agencies often require charges within months of the event, and state deadlines differ by claim type. Civil suits have different deadlines as well. Because deadlines can be short and sometimes require administrative exhaustion, consult an attorney or the appropriate agency quickly.
Not always, but consult a lawyer if the issue is serious, involves potential retaliation, or if HR does not address the problem. HR often represents the employer, not the employee, so legal advice can help you protect your rights and plan your next steps, including whether to file an administrative charge or a lawsuit.
There are several agencies and organizations that can help with employment and labor issues:
- California Civil Rights Department - handles discrimination and harassment complaints under state law.
- Equal Employment Opportunity Commission - handles federal discrimination claims and provides guidance on federal rights.
- Division of Labor Standards Enforcement or Labor Commissioner - handles wage-and-hour claims, unpaid wages, final paychecks, and related issues.
- California Department of Industrial Relations - provides resources on workplace rights, safety, and labor laws.
- Employment Development Department - handles unemployment insurance claims and related employer-employee issues.
- Local bar associations and legal aid organizations - can help identify employment lawyers, provide low-cost or pro bono assistance, and explain procedural options.
- Los Angeles County Superior Court - for filing civil claims if litigation is necessary.
If you believe you have an employment or labor issue in Palos Verdes Estates, consider the following steps:
- Preserve evidence - save emails, pay stubs, personnel documents, texts, performance reviews, and a written timeline of events and witnesses.
- Review company policies - check employee handbooks, employment contracts, and any separation or severance paperwork before signing anything.
- Contact the appropriate agency - for wage issues contact the Labor Commissioner; for discrimination contact the California Civil Rights Department or EEOC. Agencies can explain filing procedures and deadlines.
- Consult an experienced employment lawyer - many offer a free or low-cost initial consultation. A lawyer can assess your claim, explain legal options, and represent you in negotiations, administrative proceedings, or litigation.
- Decide on goals - think about whether you want reinstatement, back pay, a negotiated settlement, or other relief. Your lawyer can help craft a strategy that matches your goals and the legal framework.
- Act promptly - statutes of limitation and administrative filing deadlines can be short. Early action improves your ability to gather evidence and preserve claims.
If you need help finding an attorney, contact your local bar association or a trusted referral service. Choosing counsel with California employment law experience and local knowledge in Los Angeles County increases the odds of a favorable outcome.
