Harassment
Both federal law and California law prohibit harassment in the workplace based on protected characteristics. Some of the common harassment based claims are 'hostile environment' sexual harassment, racial or ethnicity harassment, and 'quid pro quo' sexual harassment,
Discrimination
We pursue claims for workplace discrimination based race, sex, gender, disability, age, and other protected characteristics. Employers are prohibited from terminating, refusing to promote, demoting, or taking other adverse actions against an employee based on certain characteristics, such as the foregoing.
Employment tort claims
Employment tort claims include, among others, wrongful discharge in violation of public policy, defamation, assault and battery, ERISA violations, Racketeer Influenced and Corrupt Organizations Act ("RICO") violation, violations of Labor Code sections 970, 407, or 450.
Wage and Hour
Wage and hour based claims include, but are not limited to, the following: failure to treat an independent contractor as employee, misclassification of a non-exempt employee, failure to pay overtime, failure pay minimum wage, failure to provide rest/meal break, failure to pay for on-call time, failure to reimburse for uniform and uniform maintenance expenses, improper wage statements, and violation of the Labor Code Private Attorneys General Act of 2004 ("PAGA").
Leave of absence
Leave of absence claims typically arise when an employee takes time off to care for a newborn child, and is adversely treated upon return. But it may take other forms. The Family Medical Leave Act ("FMLA") and California Family Rights Act ("CFRA") are laws that require employers to provide time off to employees to care for sick family members. Pregnancy discrimination is another claim typically brought in this context.
Employment contractual claims
Employers can be liable to employees for breach of implied duty of good faith and fair dealing, breach of implied contract, breach of express contract, constructive discharge, and promissory estoppel.