As California employment lawyers, Fernandez & Lauby LLP represents a wide variety of clients with diverse legal needs and issues. We serve those in and around Orange County, Riverside and San Bernardino, also known as The Inland Empire. We represent the individual employee as well as large numbers of workers in class action lawsuits. California and federal laws protect employees from discriminatory conduct and other forms of employer mistreatment. If you feel your rights were violated by your employer, we offer a free consultation to discuss the options that may be available to you. To schedule your free case review, call Fernandez & Lauby LLP at 888-959-8508.
We Represent Victims of Sexual Harassment, Discrimination and Wage Violations in the Workplace:
Federal and California laws protect individuals in protected classes from harassment. Fernandez & Lauby represents clients who have been subjected to various forms of discrimination, harassment, and wage and hour violations, including:
- Independent Contractor Misclassification – many companies classify their workers as "independent contractors" when, in reality, the workers are actually employees under California law.
- Common Pay Violations for Skilled Trades – the attorneys at Fernandez & Lauby LLP have helped many Skilled Trade workers fight for unpaid wages and other damages to which they were entitled due to illegal piece-rate or commission-based pay plans.
- Earning History Questions on Job Applications – California law prohibits employers from asking about your past earning history, such as your hourly rate or annual income and a company can be subjected to substantial penalties each time it asks these types of questions.
- Employer Security Checkpoints – employers often force employees to stand in lines at a security checkpoint or at the time-clock machine. But this practice is illegal when employees are forced to clock-out and then wait in the line without pay.
- Commission Pay – commission-based employees must receive separate hourly compensation for rest breaks. California law also prohibits the employer from deducting the employee's commission pay based on a price adjustment that occurs after the original purchase.
- California Truck Drivers – truck drivers often do not receive all wages owed when drivers are (1) Paid by the mile, (2) Paid by the hour, and/or (3) Classified as an "independent contractor" or "owner-operator."
- Pay Stub & Wage Statement Violations – Per California law, employers are required to make nine essential pieces of information available to employees in the form of a detachable pay stub, or itemized statement, every time an employee receives his/her wages.
- Auto Mechanic Wages – automobile mechanics are entitled to be paid for all hours flagged PLUS be separately paid for all time at work when not earning flagged hours. Futhermore, auto mechanics must be paid twice the minimum wage when they are required to supply thier own tools.
- Piece Rate Pay – piece rate workers must be paid a hourly rate of no less than minimum wage when they are waiting for work or performing work that does not earn piece rate wages. Additionally, employers must provide a paid rest breaks and these breaks must be paid via a hourly rate.
- Exempt Employee Misclassification – California has rigorous standards that must be met for an employee to truly be considered exempt. Just because an employer can create a position with an important-sounding name, does not mean it's automatically classified as exempt from overtime and minimum wages, as well as many other requirements!
- Wage and Hour Disputes – Wage and hour disputes can often be resolved quickly and efficiently by alternative dispute resolution methods. Violations often occur when employers fail to pay all hours worked, minimum wages, overtime wages, rest breaks, final paychecks, provide meal breaks, reimburse business expenses, and many other items.
- Pregnancy discrimination – Pregnant women are a protected class, as designated in the Civil Rights Act. Under the Family Medical Leave Act ( FMLA ) and the California Family Rights Act ( CFRA ), employers may not discriminate against pregnant women. Pregnant employees may not be refused a job or terminated due to pregnancy.
- Retaliation – There are many reasons why employers or others in the work environment retaliate against an individual, but they are all unlawful. We represent victims of workplace retaliation.
- Sexual Harassment – unwanted sexual advances, as well as, visual, verbal or physical contact of a sexual nature is prohibited by federal and state law.
- Family Medical Leave – The Family Medical Leave Act ( FMLA ), when returning from your unpaid leave your employer must offer you the same job or comparable job responsibilities, including pay and benefits.
- Class Actions – many employees are often denied their rightful wages by an employer. These workers may join together in a class action suit against a singular employer in an effort to right the wrongs against all of them.
- Whistleblower – a whistleblower is a person who reports employer activities that are believed to be illegal, fraudulent and/or improper. There are many federal and California laws that protect whistleblowers from retaliation.
- Wrongful Termination – At Fernandez & Lauby we handle wrongful termination cases. Employees may not be terminated for participating in union activities or in retaliation for whistleblowing or for many other reasons.
- Hostile Work Environment – We represent clients who have been subjected to hostile environments in the workplace. This form of conduct is strictly prohibited.
- Sex Discrimination in the workplace – federal and California law prohibit employers from discriminating against employees based on their gender. This applies equally to males and females and extends to hiring, compensation, promotions, benefits and other job-related issues.
- Disability Discrimination – employers are prohibited from discriminating against individuals with disabilities. This extends to hiring, compensation, benefits, promotions and job training.
- Racial Discrimination – it is illegal to treat an employee preferentially or negatively because of their racial background or skin color
- Age discrimination – terminating or treating an employee harshly due of their age. Once a worker reaches the age of 40, they are protected by the Age Discrimination in Employment Act of 1967.
Contact Southern California Employment Lawyers for a Free Case Review:
Fernandez & Lauby LLP has been helping clients with employment issues for more than 20 years. We are experienced litigators and skilled negotiators and we care deeply about our clients and our cases. Many cases are accepted on a contingency fee basis, which means that no fees are due unless we resolve the case favorably via settlement, judgment, court award or verdict. We offer a complimentary case review to assess your situation and review viable legal solutions. To schedule your free consultation, call Fernandez & Lauby LLP at 888-959-8508.