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Docking pay or Unpaid Wage
There are very few reasons why an employer is allowed to dock pay, and discipline is not one of them. Employers are also not legally allowed to dock employees’ pay so that it falls below minimum wage or overtime laws. Employees also cannot waive their overtime pay or be asked to waive overtime. Nor can employers ask employees to do work off the clock. An employer who violates wage law may receive an employee lawsuit.
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No Rest Break or Lunch Break
California rest break laws, lunch breaks law, and meal break laws requires that employees are given a thirty minute break every five hours worked. In California, a business is not allowed to hire someone without giving them a lunch break every five hours. The terms “meal breaks” and “lunch breaks” are used interchangeably. Learn More about Rest Break and Lunch Break Law. Also, learn more about sue employer for no lunch break.
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Employment Discrimination
Read more : What Does L T T G Mean
Employment law is constantly reviewing and redefining what counts as discrimination. Obvious discrimination, while shocking, is easy to recognize and handle. Subtle discrimination is often more difficult, as while you often feel uneasy, at the time you may not realize that you have been victim to discrimination. To bring a discrimination lawsuit against your employer, you must be able to prove four things. First, that you are part of a legally protected class. Second, that you are able to perform your job well. Third, that you have suffered a negative employment action. Fourth, that the negative employment action is based on your protected class. At Nakase Accident Lawyers & Employment Attorneys, we believe that it is important to sue for discrimination to bring about change. We want everyone in California to have a safe work environment. Learn more about employer discrimination on our site.
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Workplace harassment
Unfortunately, isolated incidents of inappropriate or offensive comments or jokes are not considered harassment by the law. However, constant comments or jokes are workplace harassment. It can bring about more serious hostile work environment complaints. Harassment often happens due to an employee of protected status. Learn more about employee harassment.
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Sexual harassment
Unwelcome sexual attention or advances in the workplace are illegal. If the sexual harassment is from a supervisor, manager, or boss, then the employee also faces negative employment action when they refuse the advances. It is important to first file a complaint with HR or contact a neutral supervisor to give your employer a chance to rectify the situation. If no resolution occurs, you may proceed with an employee lawsuit. Learn more about sexual harassment at work.
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Retaliation
Read more : What Is A Guiro
If your boss retaliates against you for exercising your legal rights or helping another person exercise their legal rights, then you can sue your employer. Retaliation includes harassment, demotion, excessive schedule changes, and firing. You will be protected by the law against retaliation, and you can add retaliation to your original claim.
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Working Without Clocking In
Off-the-clock labor work is often unpaid or does not add to overtime pay and is generally illegal. According to the wage and hour law of California, employers should not ask employees to work overtime without pay.1 Unpaid work that is done by employees for their employer, with their knowledge, is defined as off-the-clock work.
Regardless, employers are required by California law to compensate employees for all off-hour work. You can acquire help of a California employment lawyer to get the compensation that you are rightfully entitled to. Learn more about working off the clock.
Contact attorney Brad Nakase for Suing Employer
Employees who are considering a lawsuit against employers are invited to contact attorney Brad Nakase for a free consultation on suing employer. We will discuss your case and advise on next steps for your employer lawsuit. If you plan to sue your employer, you will need a skilled California employment lawyer who knows the laws inside and out. Consult with us today.
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