EMPLOYMENT LAWS

Discrimination and Employment Law
An experienced attorney in Employment Discrimination cases, whether discrimination, sexual harassment, pregnancy, Family Leave Act, Donald Hilland has litigated hundreds of Employment cases.  He has many successful cases and settlements to his credit. Call us if you know or suspect you have been a victim of Discrimination in any of the following categories:

  • California Work Discrimination Laws
  • California Age Discrimination Law
  • California Disability Law
  • California Race Discrimination Law
  • California Pregnancy Discrimination Law
  • Family Leave Act
  • Pregnancy
 

See our separate website at pregnancydiscrimination.us

 


Overtime, Lunch and Rest Periods, and Wrongful Termination/Employment Law

For the last 20 years, Wage and Hour litigation, which means Overtime, Lunch Breaks, Rest Breaks, Off the Clock time have been litigated extensively in California.  The law has changed many times and continues to change.  An experienced attorney in Wage and Hour litigation, like Overtime and Breaks, and Wrongful Termination cases. If you are a terminated employee, Donald Hilland will take your case for no money down on a contingency basis and litigate it to trial or settlement.  If you go to an attorney who says he will take your case if you pay him, try another.  We are here ready to help you for no money down.

  • KNOW THE LAW:  You are entitled to meal and rest periods.
    If an employer fails to provide an employee a rest period in accordance with an applicable case law or IWC Order, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided – Cal. Labor Code Section 226.7  Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.

    In California, employers are required to make your rest breaks and lunch breaks available.  They no longer are required to “guarantee” that you get your breaks.  The law changed on that in 2012.  So it is up to you.  Speak up.  Make sure you say, “I’m taking my break,” and take it.  You are entitled to the rest breaks and lunch breaks, but you must speak up.

    One 10-15 minute rest break for first 3.5 to 4 hours worked

    One 30 minute interrupted lunch break for 5.5 to 6 hours worked

    A second 10-15 minute rest break for the next 3.5 to  hours worked.

    You are not allowed to work during your break.  You can leave the job site as long as you are back on time. The rest period is counted as time worked – DON’T CLOCK OUT.  Your employer must pay for rest periods. The lunch break, CLOCK OUT.  Your employer does not pay for the time you are on lunch break eating – 30 minutes.  If you are not getting your breaks, get a cheap calendar at 99 store and start writing down every day you don’t get a break.  This will be important later.  Keep in your car so that you will write every day after work. .

  • KNOW THE LAW:  Have you been wrongfully terminated from your job?
  • Wrongful termination means in its broadest sense,  any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s “public policy”. It also means that which courts have ruled as based on illegal grounds.
    The California courts have expanded the above definition to include termination that is caused by:

  • refusal to do something illegal;
  • doing something which the California or federal law gives you the right to do;
  • complaints on work related matters;
  • complaints to a third party about your employer;
  • reasons that just do not “feel” right; or
  • reasons used to “cover up” another reason

  • EMPLOYMENT BENEFITS Cal. Labor Code 

    Most employers in California that require special equipment or clothing, like uniforms or gloves or helmets are required to pay for it  and provide it to you.  Don’t let them take it out of your check.  If they are telling you that you have to pay for your uniform, No, No, No, No!  They are required to pay.  If your employer is charging you for things required in your job that you have to buy or pay the company for, talk to an experienced employment attorney today!  You are entitled to be reimbursed for all that money!

    • DISCRIMINATION

      Pregnancy Discrimination is rampart in California.  If your employer terminates you or cuts your hours after you inform them of your pregnancy, you have case. Call us today.  We can preserve it so that you can wait and deal with it after your baby is born.  We can file it right away.  Whatever you wish.  The employer is required to respect your pregnancy and cannot retaliate against you or do anything against you due to your pregnancy.

      Another situation we see every week is that the employer is not permitting a pregnant woman to eat or drink throughout the day.  Nonsense.  Doctors’ orders prevail!

      Also did you receive your pregnancy leave pay?  If not, then call us right away.  You have only 2 years to file most employment law cases in California.

      • PREGNANCY DISCRIMINATION

        Discrimination is the most common Employment Law complaint we file.  Discrimination is when an employer, or the government, treats certain common class of people like Latinos or women or gays a certain way and treats another group like Whites or Filipinos another way.  We see these cases every week also. If you are working somewhere  and your rights are being violated or if you were recently terminated and believe you have been discriminated against based on a characteristic you have in common with others in a group such as being Black or being Jewish and not working Saturdays, call us.  We can protect your rights while we negotiate a settlement or we can demand a trial to provide you adequate compensation.

        HAVE YOU OR SOMEONE YOU KNOW BEEN FIRED FROM A JOB IN CALIFORNIA RIGHT AFTER THE BOSS WAS TOLD YOU WERE PREGNANT?

        DID THE BOSS USE SOME PRETEXT LIKE “IT’S JUST NOT WORKING OUT”?

        OR TELL YOU THAT “YOU JUST NOT A GOOD FIT FOR US”?

        This is known as a pretext.  Employers rarely say they will fire you because you are pregnant.  But it is extremely common to terminate a pregnant employee from her employment, even though the employer knows it is against the law!  Don’t wait.  Call us today.

        We can arrange it so that you won’t have to deal with the lawsuit during your pregnancy.  You can wait until after your baby is born and you are better able to deal with other issues.  We can file it and postpone it or we can wait and file it after the birth.  But you do have to make arrangements to set it up  this way because you have a very limited time to file.  Make sure you speak with an attorney ASAP.

        We have handled hundreds of similar employment law cases.  We can help.

        HAVE YOU HAD ISSUES WITH YOUR EMPLOYER ONCE YOU BECAME PREGNANT LIKE NOT BEING ABLE TO DRINK FLUIDS AT YOUR WORK STATION OR NOT BEING ABLE TO EAT AT YOUR DESK OR THE SUPERVISOR NOT UNDERSTANDING WHY YOU MAY NEED EXTRA TIME IN THE BATHROOM?

        The laws in California regarding discrimination against pregnant employees are strong.  Let the law work for you.  Get educated and stand up for your rights!

        We often encounter situations where employers do not let pregnant employees follow their doctor’s orders, like “Drink plenty of fluids” or “Eat fruid and vegetables throughout the day”.  We know how to deal with these issues with your employer.

        Another scenario we often see is violation of your right to breastfeed.  You probably know that more and more modern research is proving that the best way to care for your newborn is breastfeeding.  Mother’s milk gives your newborn vitamins and immunities that they cannot get from formula or cow’s milk.  You have a right to breastfeed your baby.  You have a right to pump your breasts throughout the day.  The employer is required to provide a secure location for you to pump your breasts or feed your baby.  Not in the ladies restroom or in the breakroom.  They are required to provide a clean, secure place where you have privacy.   If your rights are being violated, call us today!

        • HOSTILE WORK ENVIRONMENT 

          A hostile work environment does not mean an angry boss or supervisor.  It does not mean someone yelling at you all the time.  It is based on discrimination, meaning like the examples above you first must be a member of a protected class, for instance a female in pregnancy or gender discrimination or a Hispanic or Latino in race or national origin discrimination or a gay person working with a bunch of straight people and the employer is treating you different based on your being a member of that protected class.  Like at a hospital and they tell all the Hispanic nurses that they cannot speak Spanish at work.  Or a fast food store and they make the Latinos work off the clock after they clock out at closing.  Or a pregnant woman who suddenly gets written up for various things like eating at her work station  when she’s not on a break.  These are all examples of discrimination.  In order to sue for hostile work environment, you must prove that the discrimination is based upon your being a member of that protected class and others are treated differently.  For instance, a male is paid more than a female, a Caucasian is promoted when a Hispanic is not.  There must be a connection between the discrimination and some adverse employment action such as transfer, demotion, failure to promote, or termination.  If you’re not sure or you don’t understand, talk to an attorney.  Remember, we will talk to you the first time for free.  No charge.

          • UNEMPLOYMENT – UNEMPLOYMENT HEARINGS

            Were you denied unemployment?  Donald Hilland has attended about 50 of these hearings and I know the law better than your employer or their representative and as well as the judge. Mr. Hilland will represent you at your Unemployment hearing for $300.00.  He will also file the appeal if you bring me the paperwork within 10 days of your denial [Remember, you only have 20 days to appeal].

            The only time I lose these hearings is if you wait more than 20 days to appeal.  The rules are very strict about           time.  You must appeal the denial within 20 days.  Bring it to me right away.  You can pay me after we win the         hearing.  It will be worth it because you will in a few weeks get checks for several thousand dollars – DAH

            Most people never appeal.  They just accept that they lost and do nothing.  If they do appeal, they don’t know how to appeal and get a hearing and they lose again.  Call Attorney Donald Hilland.  He will do your appeal, represent you for $300.00 and you can pay me after we win.

             

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