EMPLOYMENT LAW


Santa Clara employment Law

Let the attorneys at The Mlnarik Law Group, Inc. assist you with your Employment Law matters, including:


Failure to Pay Wages and Expenses

California law strictly regulates an employer’s obligations to compensate employees for time worked, as well as an employer’s obligation to pay its employees upon termination. When an employee is terminated by an employer, final pay is due immediately. When a California employee resigns without notice, final pay is due within 72 hours of resignation. Final pay may include wages for all time worked up to the date of termination, payment for commissions earned, payment on reimbursable expenses and payment for unused vacation time. California law provides for strict penalties for employers that withhold compensation that fail to pay their employees within the time period required.


Overtime Pay

In California, hourly employees and some salaried employees are entitled to overtime pay when they work more than 8 hours in a day, or more than 40 hours in a week. Many employers try misclassify their employees as professional employees in an attempt to avoid having to pay overtime pay. Many employees do not even know that they are eligible for overtime pay. Even salaried employees might be eligible for overtime pay. If your employer has failed to pay you the required overtime pay, or if your employer has you continue to work after you have clocked out, you may be entitled to compensation.


Meal and Break Period Violations

California law guarantees employees certain rights to meal and rest breaks. For anyone who is not deemed a “nonexempt” employee you are entitled to receive a 30 minute, uninterrupted, duty-free meal break in each block of at least five hours worked, as well as a paid ten-minute break for every four-hour period. The law prohibits employers from having an employee waive the meal break or forcing the employee take a break at the beginning or end of a shift. During your meal or break period your employer is not allowed to have you perform any employment functions. It is the employer’s responsibility to ensure that the employee receives his or her meal or rest break.


Workplace Accommodations

Under California and federal law, an employer is required to reasonably accommodate the disabilities of its employees in order to allow that employee to fulfill their work place duties. If an employer fails make reasonable workplace accommodations an employee may have the right to use the legal process to force the employer to accommodate their disability. If an employee is terminated, or suffers a negative workplace action, due to an employer’s failure to accommodate that employee may be entitled to compensation for lost wages.


Protected Leave of Absence

California and federal employment laws guarantee an employee the right to leaves of absence under certain protected circumstances. Under the appropriate circumstances you may be entitled to take a leave of absence from your place of employment and be guaranteed reinstatement. Some of the common events that entitle an employee to a leave of absence are:

  • Physical or mental conditions
  • Pregnancy/maternity leave
  • Leave to take care of a sick child or family member
  • Jury duty
  • Adoption of a child
  • Participation in child’s school activities
  • Bereavement
  • Military service

If you have suffered a negative change in your employment status do to your taking of protected leave of absence, or if your employer has denied your request for protected leave, you may be entitled to compensation.


Discrimination

Both federal and California law provide protections for individuals who suffer unlawful discrimination by an employer, or potential employer. The law has identified several protected characteristics that an employer is prohibited from basing negative employment decisions upon. If an employer has discriminated against you based upon your gender, race, religion, sexual orientation, or because you are above the age of 40 you may be entitled to compensation.


To learn more about how we can assist you in your business, contact us to schedule a consultation with one of our attorneys at (408) 919-0088

 

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