CALIFORNIA CLASS ACTION LAWSUITS

California class action lawsuits are those brought by a single California employee, or group of employees, on behalf of other employees who work, or have worked, for an employer. California class action lawsuits are the most efficient means of recovering on behalf of a large group of employees for labor code violations committed by a single employer. A jury that hears similar class action stories from numerous California employees is likely to rule against the employer than a jury hearing from only one worker stating their own claims. In California, class action lawsuits undertaken by class action attorneys have resulted in massive verdicts and settlements, generating hundreds of millions of dollars for California workers.

In California, as in federal courts, one of the criteria that courts look at when deciding whether to certify or approve a class action is whether the class is represented by qualified class action attorneys who are experienced in class litigation. Class action lawyers who have successfully handled other class actions are often better equipped to handle California class action claims more efficiently and obtain greater recoveries

CALIFORNIA RACIAL DISCRIMINATION LAW

Working with a California racial discrimination lawyer will arm you with important knowledge as you learn the full scope of racial discrimination law. The racial discrimination attorneys in our San Diego based firm often file claims under The California Fair Employment and Housing Act (FEHA), which bans a California employer from committing racial discrimination against any employee. Because there is rarely profound evidence of discrimination, circumstantial evidence will be adequate under California racial discrimination law.

In addition to raising an inference of discrimination in the manner set forth above, a California employee may do so through statistical, comparative, or direct evidence. Direct evidence, such as racist comments made by the supervisor or manager, are often convincing. But, in larger companies, it may be possible to use statistical analysis to demonstrate that the California employer practices racist behavior against a race in hiring, promotions and terminations. Such evidence would raise a question that the action taken against an employee of a different race had racial hostility or prejudice. Under discrimination law, comparative evidence also raises a question of racial discrimination by proving that different rules and standards were applied to employees of different races.

Because racial discrimination law cases in California usually turn on specific facts, and there is usually a one-year time limit for filing, it is important to consult with a racial discrimination attorney at a California law firm as soon as possible after a discriminatory action has happened

CALIFORNIA UNPAID OVERTIME PAY LAWS

Payment of Overtime Payment Compensation- California and federal law both require the payment of overtime compensation to most employees who work more than 40 hours per week, and more than 8 hours per day in most industries in California.

Federal law takes liability away from some employees for overtime pay requirements, however few employees meet the requirements to be exempt from overtime. Examples of non-liable employees are high-level managers, doctors, engineers, lawyers, accountants, executives, doctors and outside salespersons.

DISABILITY DISCRIMINATION AND ACCOMMODATION LAW

California employees are entitled to be paid at least the minimum wage $10/hr effective January 1, 2016.

Under California law, an employer may be required to provide that time off or additional medical leave time as a reasonable accommodation if an employee requires time off or a medical leave of absence due to an ADA or FEHA protected disability or medical condition, for that disability even if the employee has taken 12 weeks of leave under FMLA or California’s Family Right’s Act.

California law states employees with disabilities are entitled to assistances, including medical leaves of absence, and additional medical leaves of absence. Unless an employer can prove that a requested accommodation would impose an undue hardship on its business, employers will be held accountable for failing to provide accommodation that would have allowed an employee to return to work and perform their necessary job functions.

LABOR AND EMPLOYMENT LAWS

If you are employed in the state of California and have been wrongfully fired or you have been the victim of workplace discrimination, harassment, retaliation, or unpaid wages and/or overtime pay, you need a seasoned labor lawyer who can help you understand your rights under California Labor and Employment Laws. As California and Los Angeles labor laws can be difficult to navigate, having a labor attorney from the Feldman Browne Olivares firm in your corner can give you the best chance for justice.

Our San Diego Attorneys represent California workers in denial of medical, pregnancy, and disability leaves of absence, unpaid wages, commissions, overtime pay, tips and tip pooling, whistleblowing, workplace harassment, discrimination and retaliation. Our attorneys are experts in California employment law and are familiar with California’s Pregnancy Disability Leave Law (PDLL), the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Intersection Between the Medical Leave Laws and the Disability Leave and Accommodation Laws (such as the ADA and FEHA).

Our Attorneys will represent you in class action lawsuits against employers who unlawfully withhold wages, refuse to give their employees breaks or meal periods, and/or engage in workplace discrimination, harassment or retaliation that impacts you and fellow California employees. Our labor law attorneys have filed class action lawsuits for violations of medical leave laws, including the California Family Rights Act (CFRA).

Our offices are located in San Diego, CA, but our law firm’s employment attorneys can assist you in filing and successfully litigating claims in cities all across California.

NATIONAL ORIGIN DISCRIMINATION LAW

The California Fair Employment and Housing Act prohibits an employer from discriminating against any employee because of that employee’s National Origin. Because there is rarely profound evidence of racial discrimination, circumstantial evidence will usually suffice

Was subjected to unfavorable employment action (like suspension termination, demotion)

Likewise, situated employees outside the protected class were treated different and more favorable.

In addition to raising questions of discrimination in the manner set forth above, an employee may do so through statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by the decision maker, is often the most persuasive.

However, in larger companies, it may be possible to use statistical analysis to demonstrate that the employer discriminates against a particular race or national origin in hiring, promotions and terminations. Such evidence would raise an inference that the action taken against a particular employee of that race or national origin was also infected by racial hostility or prejudice. Comparative evidence also raises an inference of discrimination by showing that different rules and standards were applied for persons of different races and national origins.

Because discrimination cases usually turn on specific facts, and there is usually a one-year time limit for filing, it is important to consult with an attorney immediately when a potentially discriminatory action has been taken.

WHISTLEBLOWER RETALIATION LAW

Under California law, an employer may not fire an employee in retaliation for that employee engaging in whistleblowing, which generally consists of reporting certain specified conduct that they perceive to be illegal, fraudulent or unethical conduct. San Diego based whistleblower Lawyers at the Kettner Law Corporation have represented employees in wrongful termination claims and lawsuits arising from whistleblowing activities.

While complaints about discrimination or harassment based on race, gender, age, or disability, are protected from retaliation by statute, many other complaints about illegal or unethical conduct may also be protected under various California statutes or the common law doctrine of wrongful termination in violation of public policy. When an employee refuses to engage in unlawful or unethical conduct, that may also constitute whistleblowing which is protected from retaliation.

THE FMLA AND OTHER LEAVES OF ABSENCE LAW

Under the California Family Rights Act (CFRA), or the federal Family & Medical Leave Act (FMLA), an employer that regularly employs over 50 people within a 75-mile radius is required to allow employees that have over one year of service to take up to 12 weeks of unpaid family leave if they, or their immediate family, have a serious medical condition. If you are in need of a California attorney who will offer an understanding of your rights, our lawyers know the full breadth of your rights for federal and California state law.

Under CFRA and FMLA mandates, a California employee need not specify to the employer that they need CFRA or FMLA family leave. It is sufficient for the employee to notify the California employer that they have a “serious health condition,” although the employee does not need to use those exact words to be granted FMLA medical leave. The employee only needs to let the employer know that they have a condition that will require several doctor’s visits, inpatient treatment or that may incapacitate the employee for over three days. If the employer wants additional information, it must ask for it. The Family Leave Medical Act also stipulates that the California employer can request a doctor’s certificate, indicating the severity and duration of the condition, but it must do so in writing. If the employer wants a second opinion, they can demand one, provided that it pays for it. The employer who is bound by the Family & Medical Leave Act may also require the employee to visit a physician of its choosing. If the California employer does not follow such conditions of the Family Leave Medical Act, an attorney at Kettner Law Corporation can make a case in your defense.

The CFRA and FMLA additionally protect California employees who need moderate, or irregular medical absences for such conditions as irritable bowel syndrome migraines. If an employee’s doctor certifies them for moderate leave due to a chronic condition, by FMLA guidelines the employer usually cannot ask for re-certification more often than every thirty days. If you are unsure if FMLA guidelines were violated, it is critical that you work with a family lawyer or medical lawyer to identify whether your Family & Medical Leave Act rights were violated.

FMLA-covered employers may ask for a medical certification from a California healthcare provider to verify an employee’s need for CFRA or FMLA medical leave; but, under CFRA employers may not ask for the treatment, diagnosis or other facts supporting an employee’s need for leave. If a family healthcare provider’s certification states that the employee has a health condition as defined by CFRA, and also states the date of onset and duration of the condition, the employer cannot ask for any additional medical information as per the FMLA. California employers who question the legitimacy of a “sufficient” medical certification have two options: pay for the employee to be examined by another, neutral healthcare provider or grant the requested medical leave. If the employer pushes for a “second opinion” for medical diagnosis, and that opinion conflicts with the first, the employer must pay for a third medical opinion, which acts as the “tiebreaker.”

CFRA family leave may also be taken for adopting or bonding with a child. “Baby bonding leave” may be taken immediately following a pregnancy disability leave or at any time within 12 months of the baby’s birth. Theoretically, if an employee has a difficult pregnancy, she may be entitled to up to four months of Pregnancy Disability Leave (“PDLL”), then an additional 12 weeks of “baby bonding” leave once she recovers from her pregnancy. In other words, a woman disabled by pregnancy who then gives birth may take up to seven consecutive months of job-protected medical leave.

If the employee takes covered medical leave per the Family & Medical Leave Act or the CFRA, the employer must return the employee to their prior position (or to a substantially similar position) without any loss of seniority. If an employee takes covered PDLL medical leave, the employer must return the employee to her prior position without any loss of seniority. If you are in need of an experienced FMLA lawyer to help navigate a medical dispute between you and your employer, the attorneys at Kettner Law Corporation will work with you to ensure that the protections granted by the Family & Medical Leave Act are enforced.

WRONGFUL TERMINATION LAW

In California, wrongful termination law has a specific meaning. It does not mean that the termination was wrong, or unfair. It means that the California termination violated specific public policies contained in CA statutes, regulations or constitutional provisions. For example, California makes it illegal for an employer to fire an employee due to gender, pregnancy, age, race, disability, taking of a medical leave, requesting a reasonable accommodation for a disability, national origin, sexual orientation, age, marital status, or because the employee engaged in whistleblowing by complaining about or otherwise opposing certain specified unlawful, fraudulent or unethical conduct.

In presenting your wrongful termination case to a knowledgeable attorney, an employee fired for the wrong reasons may show their firing was wrongful by providing statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by the decision-maker, often makes the most persuasive argument for a lawyer to litigate in a court of law. However, in larger companies, statistical analysis could be used to demonstrate that the employer discriminates against a particular category of people in hiring, promotions and terminations, such as persons of a particular race or religion. Such evidence would raise a conjecture that the action taken against a particular employee of that race or religion was also infected by racial or religious hostility or prejudice. Comparative evidence also raises a question of discrimination by showing that different rules and standards were exercised on persons of different races or religions.

Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to demote, suspend, terminate or harass any employee because that employee has engaged in protected activities. Retaliation by the employer is prohibited whether the employee is opposing harassment or discrimination directed against themselves or another employee. Moreover, the protection from retaliation is the same whether it turns out that the complaint was valid or not! A California employer may not take any adverse employment action against an employee that complains about or otherwise opposes discrimination or harassment so long as the employee had a reasonable belief that what they were complaining about was unlawful harassment or discrimination. Without an attorney, these types of practices may continue with no repercussions.