Los Angeles Employment Lawyer Steven Cischke

To recover unpaid wages, including unpaid overtime, a California employee must file suit within four years.

California employers must provide paid sick leave to their employees. Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee’s regular wage rate. Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or 6 days. However, if at the beginning of the year, an employer has a paid sick leave, paid leave or paid time off policy that provides no less than three days of paid leave or paid time off, no sick leave accrual or carry over is required.

California law prohibits an employer from sharing in or keeping any portion of a gratuity or tip left for an employee by a patron. It is also illegal for an employer to make wage deductions from tips, or to use tips as credits against an employee’s wages. Tips are the sole property of the employee or employees to whom they are given. However, if you are a waiter in a restaurant, your employer may share your tips with other employees, such as busboys and cooks.

If you think you have been the victim of discrimination, harassment or retaliation in the work place because of you age, race, ethnicity, sex, sexual orientation or disability, send us a private message from this page, or email us at [email protected] with a brief explanation of your issue, and we'll contact you to make an appointment.

Remedies for wrongful termination may include: -Lost wages -Lost future wages -Reinstatement -Emotional distress damages... -Punitive damages -Attorney fees and costs See more

Complaints of discrimination, harassment or retaliation must be filed with the Department of Fair Employment and Housing within one year of the alleged wrongful act.

Employers must reasonably accommodate employees with disabilities in order to enable them to perform the essential functions of the job.

A woman who takes a pregnancy disability leave and returns within the four-month period is entitled to return to her same position. An employer cannot refuse to return a woman who has taken a pregnancy leave to her old position simply because they like her temporary replacement better.

If it is possible, a woman who is going to take a pregnancy disability leave must provide her employer at least 30 days' notice. This should include the date the leave will commence and the estimated duration of the leave. If 30 days' notice is not possible because of a medical emergency, it must be given as soon as practical.

Employers are required to provide a reasonable accommodation to a pregnant employee when requested.

A woman who takes a pregnancy disability leave is also entitled to take a California Family Rights Act (CFRA) leave if she meets the eligibility requirements. A woman who is eligible for CFRA leave could take up to four months of pregnancy disability leave for her pregnancy disability and could also be entitled to up to 12 weeks of CFRA leave to bond with the baby, or to care for a parent, spouse or child with a serious health condition.