Discrimination and Employment Law
An experienced attorney in Discrimination cases, whether discrimination, sexual harassment, pregnancy, Family Leave Act, Donald A. Hilland is an experienced Discrimination attorney with many 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
Overtime, Lunch and Rest Periods, and Wrongful Termination/Employment Law
An experienced attorney in Overtime and Wrongful Termination cases, Donald A. Hilland is an experienced Employment Law attorney with many settlements to his credit.
- KNOW THE LAW: You are entitled to meal and rest periods.
- KNOW THE LAW: Have you been wrongfully terminated from your job?
- 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
If an employer fails to provide an employee a rest period in accordance with an applicable 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. 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, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a “major fraction” of four.” A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during such periods.[/list_item]
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:
Hostile Work Environment
A hostile work environment does not mean an angry boss or supervisor. It is based on discrimination, meaning you first must be a member of a protected class, for instance a female in gender discrimination or a Hispanic in race 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.