LOS ANGELES LABOR AND EMPLOYMENT LAWYER

Labor and employment violations occur in many workplaces all over the country, intentionally or unintentionally. The saddest thing is that many employees do not realize they are victims. Others do not even realize how the law protects them in these situations.

Employers can be held responsible for their actions, whether intentional or not. However, it is up to you, the worker, to fight back against these violations.

Common examples of labor and employment violations in the workplace include:

Employee misclassification: Has your employer classified you as an independent contractor but still controls how, when, or where you work? If so, you might have an employee misclassification case against them.

Illegal deduction of wages: Labor and employment laws across the county require employers to pay employees for hours worked and other benefits they may be entitled to. You may be able to file a deduction of wages lawsuit against your employer if they unlawfully deduct your wages.

Paying below minimum wage: According to Federal labor and employment regulations, employers must pay employees a minimum wage of $7.25 per hour as of 2022. Also, note this rate varies from state to state. If your employer pays you below the minimum wage, you may be able to take legal action against them.

Not paying for work breaks: If your employer asks you to work during your break or meal period, they should compensate you for that time. Failure to do so could warrant a labor and employment lawsuit against them.

Inaccurate record keeping: Sometimes, employers fail to keep accurate records due to honest mistakes. Other times, employers do this to avoid paying what they owe you. Either way, you have a right to take legal action whether your employer's actions were intentional or not.

Not having worker's compensation insurance: Most states, including California, require employers to provide worker's compensation insurance. If you get injured in the workplace in California, and your employer fails to provide this insurance, you may be able to hold them accountable.  

Discrimination in the workplace: It is unlawful for employers — or potential employers — to discriminate against you based on protected characteristics such as race, religion, color, sex, nationality, disability, and genetic information. As a result, you may be able to file an employment discrimination lawsuit if you or your loved one is a victim of such discrimination in the workplace.

This will mostly depend on the circumstances of your case. The best way to determine whether your case is valid is by contacting an experienced labor and employment attorney at Morgan and Morgan.

Ready to get started? Fill out our free case evaluation form.

Because labor and employment laws are complex, there is no specific formula for proving such violations. Therefore, what works for you would probably not work for another employee. For this reason, it is always advisable to contact an experienced labor and employment attorney for a case evaluation.

After reviewing your case, the attorney will determine whether it is valid. If valid, the attorney will also establish the best approach, including the evidence required.

For example, suppose your employer fired you because of your skin color. In that case, you may have a valid discrimination case against them if you can prove that they were racially biased in their decision. For example, they hired a worker from another race to replace you, but they were unqualified for the role. Or, say the employer made mean comments about workers from your race. All these could count as evidence of discrimination in the workplace.

The bottom line is that the evidence required to prove these violations vary from case to case. However, a seasoned labor and employment lawyer in Los Angeles can help you build a strong case against the employer.

Your employer cannot fire you for reporting violations in the workplace. Doing so makes the situation even worse for them. They will be liable for violating your rights and retaliating against you for taking legal action. In that case, you may need to speak with a California wrongful termination attorney.

In California, you must exhaust all administrative remedies before filing a labor and discrimination lawsuit against your employer. Specifically, you will need to file an official complaint with the Department of Fair Employment and Housing (DFEH)

The DFEH will investigate your complaint and recommend the next steps forward. Alternatively, you can seek an immediate right to sue notice. If you choose this option, the DFEH will not investigate your claim. This is because filing a right-to-sue notice means you want to take the matter directly to court; thus no need for further investigations by the state department.

It is also important to note that your attorney can obtain a right-to-sue notice without going through the DFEA. If they do that, they will file an official complaint with the California Superior Court in the county where the violation occurred or any other relevant location.

Your employer will then be served with the complaint to which they will be required to respond. Bear in mind that throughout this process, your attorney can still negotiate an out-of-court settlement with the other party, preventing the case from being decided by the court.

In Los Angeles and throughout California, you have up to three years from the date of the last labor and employment violation to file a lawsuit against your employer. Because of the strict deadlines, it is always advisable to contact an attorney as soon as possible. This gives the attorney enough time to investigate your claim and build a strong case against the other party if the claim is valid.

The kind of damages you may recover from such a lawsuit will depend on the specific circumstances of the case. That said, some of the damages you may be able to recover include:

• Back wages
• Front pay
• Work benefits
• Pain and suffering
• Emotional distress
• Pension benefits

And so on.

It is possible to file an employment lawsuit without a lawyer. However, hiring an attorney significantly improves your chances of obtaining a favorable outcome. This is because labor and employment attorneys understand how these complex laws apply at the federal, state, county, and city levels. They can help you navigate complex legal processes, fill out crucial paperwork, beat important deadlines, and create a legal strategy.

In addition, a good lawyer will always have your best interests at heart and will fight to protect them. For instance, at Morgan and Morgan, we charge our clients on a contingency basis. This means they do not pay us anything unless we win. For this reason, our attorneys are always motivated to win.

Besides winning, our attorneys can help maximize your claim. When you file a lawsuit without an attorney, you may not know the actual value of your case. On the other hand, a skilled attorney will review the unique circumstances of your case, evaluate your damages, and determine the amount of compensation you may be entitled to.

Consider the following factors when looking for the best labor and employment lawyers in Los Angeles:

Experience

You want a law firm with experience handling these kinds of cases. One of the best ways to determine the level of experience a lawyer or law firm has is by finding out how long they have been practicing not just any law but employment law. For example, Morgan and Morgan has been fighting for the rights of workers in Los Angeles since 1988. That's more than three decades worth of experience in employment law.

Results

You need a law firm or attorney with a solid track record of winning such cases. If you hire a lawyer or firm that has never worked on such a case, chances are they will settle for anything just to win the case. And, sadly, when you realize that you deserved much more than what you got from the case, chances are it will be too late. Bear in mind that if your employer agrees to settle the matter and you accept the settlement, you cannot reopen the case even if you discover that you deserved more than you won.

This explains why it is always advisable to be careful with the law firm or attorney you hire to represent you. There are no second chances once such a case is settled.

Speaking of results, our law firm is not all talk without action. We have helped our clients recover more than $30 billion as compensation for various injuries, including labor and employment disputes with their employers.

Reputation

The reputation of the legal counsel you hire will significantly impact your case. Of course, you would not hire someone with a terrible reputation to represent you. That said, you do not expect them to disclose their negative reputation, and that is why you need a law firm or attorney that gets things right from the get-go.
 
Speaking of reputation, Morgan and Morgan has over 28,000 5-star reviews on Google. That aside, we were recently recognized as the law firm that filed the most employment lawsuits over the past five years.

Resources

Because labor and employment cases are complex, you need a law firm with powerful legal resources to defend your rights. These resources range from modern legal technology to an army of attorneys, paralegals, and experts from different fields who work together for a common goal—helping you win.

At Morgan and Morgan, we have over 1,000 attorneys specializing in different areas of personal injury law. They work together to ensure that our client's rights are protected and their dignity restored. Since we are the largest personal injury law firm in the United States, you can count on us whenever you need someone who can fight for you and not run out of legal resources.

Morgan and Morgan understand how humiliating and demoralizing it is to be a victim of discrimination, mistreatment, or harassment in the workplace. We also understand the fear many workers face when encountering such situations. Will they lose their jobs if they take legal action? Is it worth pursuing such a case if they cannot afford an attorney?

If these are some of the questions running through your mind, our legal representatives have the answers for you. Fill out our free case evaluation form to get started.