Wednesday, September 29, 2021

5 major employee rights California every employee should know

5 of the most important employee rights California employment law include are explained in the article as follows:

Right to have overtime pay

Non-exempt employees have a right to receive overtime pay if they work 8 hours in a workday, 40 hours in a workweek or 6 days in a workweek.

In California, non-exempt workers can also earn overtime pay of twice their regular hourly rate. Employee rights California allows you to get overtime if you work more than 12 hours in a single day or 8 hours on their seventh consecutive day of work.

Protections from wrongful termination

Employees in California also have a right to protect them against wrongful termination. If you are fired illegally then you have the Employee rights California and you can file case against the employer.

Anti-discrimination laws protect a California employee

All California workers are legally protected by the Californian employment laws against discrimination in the workplace. Both state and federal anti-discrimination laws are applicable to protect your employee rights. Make sure you shouldn’t be discriminated based on:

·         Race

·         Religion

·         Gender

·         Sex

·          pregnancy

·         Age

·         Disability

·         Sexual orientation

·         Gender identity

·         National origin

·         Ethnicity

Labor laws protect a worker from sexual harassment

Employee rights California protect them against the sexual harassment in the workplace.

Sexual harassment is of two types:

·         Creating  a hostile working environment with unsuitable behavior that is harsh or enveloping, or

·         Quid pro quo, where a job-related benefit are given to employees in return of sexual favors

Both forms of harassment are prohibited by state law, California Fair Employment and Housing Act (FEHA), and Title VII of the Civil Rights Act of 1964.

Right to take leave to care for a sick family member

Family and medical leave rights come from the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) that allows the worker to take medical leave to take care of your family members.

Contact Cummings & Franck P.C to learn more about your employee rights and get appropriate assistance in case if your employee rights are denied at workplace.

Thursday, September 2, 2021

California workplace harassment- How can you get justice for it?

California law prohibits California workplace harassment, whether it is sexual or non-sexual harassment. As per the FEHA- California’s Fair Employment and Housing Act, employees who face harassment at the workplace have the right to sue their employer for damages.

In 2015, the California Department of Fair Employment and Housing- a government agency responsible for implementing California workplace harassment laws- got 5,000 complaints only for sexual harassment.

Complaints about sexual and other forms of workplace harassment are common. Every employer should know about it. Also, the employees should know about their employee rights so they can file a potential harassment case.




Types of workplace harassment

As per California’s Fair Employment and Housing Act, there are two types of California workplace harassment. Check them as follows: 

Quid pro quo harassment- If a supervisor asks an employee to engage in sexual activity as a condition to get benefits at work like promotion, increments, retention, etc.

Hostile environment harassment- This type of harassment occurs when workers harass their employees and creates an abusive work environment for an employee.

How can we help you?

For questions about the California workplace harassment law under Fair Employment and Housing Act, or to discuss your case confidentially with one of our skilled lawyers can help you. Don’t hesitate to call Cummings & Franck P.C today!

Our workplace harassment attorneys provide legal advice and representation to clients throughout California. We have an office in South Bay of Los Angeles County, and we serve across Long Beach, Compton, Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance, the Palos Verdes Peninsula, Harbor City, Harbor Gateway, San Pedro, Wilmington, El Segundo, Hawthorne, Inglewood, Gardena, Carson, Lawndale, and Lomita.

Contact Cumming & Franck P.C today!

Wednesday, August 25, 2021

Warning signs for you discrimination attorney Los Angeles

 Federal data from the Equal Employment Opportunity Commission (EEOC) people face discrimination at the workplace. As per the data, more than 70,800 charges of discrimination in 2020. Discrimination attorney LosAngeles can help you get justice for a hostile workplace, demotion, or wrongful termination.

There are federal and state laws that protect employee rights at the workplace. Check out common warning signs of discrimination in the workplace.



Warning Signs of Discrimination at Work

Normally, workplace discrimination is where an employee is treated in an unfavorable way than other workers due to a specific characteristic, such as race or national origin.

Workplace discrimination can take place in any form and doesn’t always involve situations that may occur at your job. You may face discrimination even at hiring practices. Common warning signs of discrimination at work for which you require discrimination attorney Los Angeles:

Harassment is a type of workplace discrimination. For instance, directing jokes at a person for his or her sexual orientation, race, national origin, disability, or age. 

Disparate treatment is workplace discrimination. It is when an employer treats one group of workers differently from another group, such as discriminating between men and women. For instance, sparing people from work or giving promotions to certain employees, and denying promotions of other employees.

Some employer even runs afoul of the law if they pass over potential employees for discriminatory reasons. It is difficult to prove discrimination in hiring practices. We suggest you contact a discrimination attorney in Los Angeles if you think that the company’s discriminatory hiring practices caused you harm.

Contact our discrimination attorney for a Free Consultation

Are you facing workplace discrimination or retaliation? Contact our discrimination attorney in Los Angeles for a free consultation. The attorneys at Cummings & Franck, P.C. can explain your potential legal options. Contact us now or visit us online to get in touch with our lawyers to discuss your case with us!

Tuesday, June 15, 2021

How to find the best employment lawyer in Orange County?

California has several employment laws that protect them against harassment, discrimination, wrongful termination, and an unsafe work environment. However, far too many workers let their employers off the hook by moving on to the next job.

Deep research 

Even if a close friend or family member recommends employment lawyer orange county, you still should take time to research the discrimination attorney orange county. If you don't have any references, then you can search for them online. You can type "Employment attorney" with the city name where you live.



The best employment lawyers will give all the helpful information about the firm, the firm's practice areas, client reviews, and blog posts that answer all the common questions you have.

Build a Professional Rapport

You should not expect to become best friends with the employment lawyer orange county, but you want to work with a straightforward approach with questions. Your employment lawyer must be accessible during the day, whether your attorney picks up the phone to talk with you.

You have to build trust that your attorney will do what is in your best legal interests. Free case evaluation should give you an exact idea about the trustworthiness of the attorney that you meet.

Who can help you? 

People often rely on their job for their livelihood. Due to the pandemic, most families are facing issues in earnings to fulfill their needs. You have plenty on your plate to paycheck to running life smoothly if you face any crisis, discrimination, or tough time at your job.

Our experienced employment lawyer, orange county, Cummings & Franck P.C, can help you. We can handle everything from wrongful termination discrimination, reprisal, whistleblower retaliation, and public policy.

Give us a call to discuss issues at your workplace. Cumming & Franck Lawyers are here to help you get compensation and justice.




Wednesday, June 2, 2021

Warning signs of sexual harassment & Employee Rights

You could be having a gut feeling that something is not correct. Sexual harassment is not just about blatant touching or inappropriate language. If you are feeling uncomfortable, pay close attention. For instance, a coworker bumping into you or putting a hand on your shoulder accidentally or intentionally while speaking about any project. Any form of touching is a warning signal that you are facing sexual harassment at the workplace.



Unwanted Texts And Emails from colleagues

Many jobs involve access to personal information of employees like phone numbers for emergency communication. But when someone oversteps this boundary and uses your personal information to contact you that is not about work, it is a red flag—receiving sexually charged texts or inappropriate emails send outside your work hours.

Comments about Your Appearance

While it's always lovely to get a compliment, there is a line regarding sexual harassment. While it could come across as genuine or sincere, when someone passes comments on your appearance, it can indicate sexual harassment. For instance, if something tells you that you look sexy or have nice legs are inappropriate comments that coworkers should never tale. You should be aware of California Employment Law and stand for your employee rights.


Need Help Filing A Sexual Harassment Lawsuit? We Can Help.

Employees should feel safe and protected at the workplace from any form of harassment. Even though the "me too" movement can help make people aware of inappropriate behavior and guide them about sexual harassment. It is still a significant issue at the workplace.

At Cummings & Franck P.C, we have experienced lawyers prepared to protect your rights. From discrimination to sexual harassment, we can help you stand for your employee rights. When you need help in times of difficulty, we are here to support you.

Call Cummings & Franck P.C to schedule a consultation to discuss your case.

 

Wednesday, May 19, 2021

Signs you need to hire wrongful termination attorney orange county

Many people rely on their jobs to earn their livelihood. The sad reality in America, due to the massive pandemic, most families are facing problems in earnings to fulfill their needs. They live paycheck to paycheck,  hoping that their work is enough for their families.

It is one of the reasons that wrongful termination is considered a severe issue. A case of illegal termination occurs when someone is fired from their position without justifiable reason. Wrongful termination attorney orange county can help you if you are facing any issue as follows:



Evidence of Retaliation

The common causes of wrongful termination are retaliation. It happens when an employee refuses to get involved in illegal affairs or whistle on a co-worker or a superior for an unethical act.

It could be reporting a co-worker breaking the law, sexual harassment in California, or any number of actions. The law protects whistleblowers. If a person is fired, you can seek help from a wrongful termination attorney in orange county.

 Unlawful Discrimination

An employee cannot be terminated due to their race, sexuality, or gender. As per US law, employee rights are protected from facing discrimination in the workplace.

However, it is challenging to prove that discrimination was the reason that a person was fired. Most employers are smart enough to make the employee responsible for termination from their position. So to not get trapped in this if you need the proper wrongful termination attorney orange county.

Hiring a wrongful termination attorney orange county

Do you feel the circumstances under which you are asked to let go from your job? You might need an illegal termination attorney in orange county o to help determine if you have a case. Cummings & Franck P.C can help you for standing against your former employer.

Need help with your case right away? Contact our expert lawyers to schedule a free consultation!

Thursday, April 29, 2021

Understanding Wrongful termination Los Angeles Lawsuits

Being fired from a job is not an easy task, and especially if you think you have been wrongfully terminated. If you feel like your rights have been violated, you may be facing wrongful termination in Los Angeles.

Before hiring a wrongful termination attorney, let’s look at what unlawful termination means and whether you have to file a case.



What is wrongful termination?

California is an at-will employment state, meaning that, just as employees are free to leave a job at any time, an employer is free to dismiss an employer. That doesn’t mean, though, that you do not have legal rights when you face wrongful termination in Los Angeles.

In California, wrongful termination means when an employer violated specific public policies in our statutes, regulations, or constitutional advancement. For example, it is unlawful for an employer in California to fire people based on gender, pregnancy, age, race, disability, origin, sexual orientation, age, and marital status. The employees are engaged in whistleblowing by complaining about otherwise opposing some unlawful conduct at the workplace.

What To Do for Wrongfully Termination? 

Starting a wrongful termination lawsuit may seem frightening, but if you feel like you are facing Wrongful termination in Los Angeles, it is essential to talk to an experienced employment attorney to learn more about whether you can pursue a case. Cummings & Franck P.C have skilled lawyers for wrongful termination in Los Angeles. We have represented hundreds of California employees in wrongful termination lawsuits and obtained awards and settlements on such wrongful termination claims on behalf of California workers. To get started on your wrongful termination lawsuit, contact now.

Wrongful termination is not something you have to suffer, and we are here to help those facing wrongful termination to protect their rights. Contact us now to get started on Wrongful termination, Los Angeles!

Thursday, March 25, 2021

California employment attorney to know about COVID-19 Paid Leave

Each new year comes with new opportunities and responsibilities for employers. Simultaneously, the California legislature has less functioning this year due to the COVID-19 Pandemic shutdown. But still, there are some laws that every employer must know about the COVID-19 Paid Leave. Know about the COVID-19 Paid Leave 2021 rules from California employment attorney



California employment attorney information about COVID-19 Paid Leave

In California, there are five laws in regards to COVID-related leave. The first two have been set up for a long time — California Family Rights Act (CFRA) and Labor Code § 246 (Sick Leave). In April 2020, the government passed the Families First Coronavirus Response Act (FFCRA) and Emergency Paid Sick Leave, and Emergency Paid Family and Medical Leave, which extended the Family Medical Leave Act (FMLA). California employment attorney guides about laws that the national government passed applied distinctly to managers with less than 500 employees, and there was an exemption for small employers who could demonstrate that extended leave would endanger the business. But in September 2020, the California lawmaking body passed the COVID-19 Supplemental Paid Sick Leave ("CSPSL") to make the laws relevant to all businesses. 

Things that affect your COVID-19 Paid Leave

Figuring out which of these five laws applies relies upon the circumstance of the worker. The amount of leave and remuneration is determined based on certain reasons for the leave, whether the worker is sick, isolated, caring for another person, and on the payment status. 

Hire a professional California employment attorney

 If any incident related to California workplace harassment is reported in your office, you need help from experts. An employer should consult an experienced labor and employment lawyer. Cummings & Franck P.C have good experience in dealing with such cases and can help you to defend any lawsuit filed by the victim against the company.

To get the right information and clear all your doubts that you have, give a call now to our California employment attorney. 

Thursday, March 11, 2021

Paid family care leave California-What you need to know?

     

Under family care leave California, persons who take time off from work to care for seriously ill relatives or registered domestic partners may receive payment for their efforts. Compensation is referred to as "wage replacement" and, as of Jan. 1, 2020, up to 70% of one's current income. 

The program provides income replacement for up to six weeks in 12 months. However, the law does not require their employer to hold one's job till they come back. Don't confuse this program with the Family and Medical Leave Act (FMLA).  


Eligibility Guidelines       

The guardian should be a California occupant who has State Disability Insurance (SDI) through their manager. SDI is a protection plan that offers fractional compensation substitution for CA workers. Most enormous managers keep up this protection. 

The consideration beneficiary should be a genuinely sick parent, parent-in-law, grandparent, grandkid, youngster, kin, companion, or enrolled homegrown accomplice. If you focus on an auntie or uncle, this program would not offer you a substitute for part of your lost wages if you needed to go on vacation. There is no standard that the beneficiary is living in California or be a state inhabitant, just that the guardian should be a CA occupant. 

Genuine medical issue implies the individual has a sickness, injury, psychological wellness condition, or actual hindrances that requires care in a clinic, hospice focus, or at home consistently.

Who can help you?

Cummings & Franck P.C is a leading law firm that experienced lawyer to handle your legal affairs. We understand our client's requirements and help you with the right advice. Our lawyers understand clients don't have money to give to the attorney as they are fired. With a team of experienced Employment Lawyers, we represent employees for family care leaveCalifornia who wants to fight for their rights.

Get in touch with us to schedule a meeting with our experts or discuss your requirements!

Tuesday, February 23, 2021

Hire best disability discrimination attorney in California

Many people often face discrimination at their workplace due to some mental or physical disability. Although the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) provides the necessary protection against discrimination in the workplace still many employers do not follow the same. In such scenarios, it is often good to take help from a disabilitydiscrimination attorney in California.


Let us understand what constitutes a disability under FEHA and ADA

·         Mental disabilities (e.g. mental illness, neurological conditions, etc.)

·         Physical disabilities (e.g. chronic disease, loss of bodily functions, mobility impairments, etc.)

·         Special Education disabilities (any condition that requires special accommodations within the classroom)

·         Chronic medical conditions

·         Genetic variations that may be linked to disabilities

What constitutes Disability discrimination?

As per the law, an employer may not treat a person with a disability differently as long as he is able to perform his functions and duties effectively. The hiring process itself should not contain any discriminatory elements.

Similarly, disabled employees should not be evaluated on criteria that have no bearing on the completion of their job duties. If an employer discriminates against their disabled workers for raises, promotions, or other opportunities, they might be violating both the ADA and the FEHA.

Cummings & Franck P.C is a law firm that provides complete legal support against disability discrimination. We have the most professional and experienced disability discrimination attorney in California that can help you fight for your legal rights.

For a complete case study contact us now.

Thursday, February 4, 2021

Expert Services by wrongful termination attorney orange county

Wrongful termination can be frustrating and threatening to your livelihood.  If you have a case for wrongful termination then our Wrongful Termination Attorney Orange County can be of great help in matters related to wrongful termination.

California offers many protections for workers from retaliatory actions under California Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA), the California Labor Code, Pregnancy Disability Leave (PDL), the California Family Rights Act (CFRA), the Americans with Disabilities Act. Under these acts an employee cannot be fired for exercising or enforcing their employment rights. It includes filing a complaint about discrimination or harassment, requesting to take medical or family leave, serving jury duty, filing worker’s compensation claims, or filing complaints about illegal wage practices.

California recognizes protected employee characteristics that may not be used as grounds for dismissal. If you are wrongfully terminated you should always ask your employer to provide a valid reason for their actions. If your employer has already stated the reason in your termination letter. Then ask some basic questions from yourself and try to answer them honestly.

·         Were you fired for being absent without leave (AWOL)?

·         Did you argue or had an altercation with your boss at your workplace?

·         Did you fail to complete an assignment on time or missed targets?

·         Were you treated the same way as other employees?

·         Were you facing any kind of discrimination based on racial, religious, age, sex etc.?

After the honest assessment, if you think you are wrongfully terminated without a valid reason. Then you should definitely go for a legal expert opinion to discuss further course of action.

HOW CAN Cummings & Franck P.C. HELP YOU?

We handle wrongful termination cases involving discrimination, reprisal, whistleblower retaliation, and public policy.  If you believe you have been wrongfully terminated from a job, give a call to Cummings & Franck, P.C., as we have one of the top wrongful termination attorney orange county.

             


Monday, January 18, 2021

Top Labor & best Los Angeles employment attorney

The Los Angeles Employment Attorney at Cummings & Franck P.C believes that California employees deserve a safe and healthy working place. If your rights as an employee have been violated and your employer hasn’t done anything to correct it, our top Los Angeles employment attorney is ready to stand up and fight for you. 


There are numerous laws and regulations in California that protect workers and charge against the employers accountable for their misconduct.

We are committed to representing you and will do anything we can to ensure you get justice. Don’t fear by your employer's deep pockets contact Cummings & Franck P.C to find more. 

Laws to Protect Los Angeles Employees

In 2020, California passed a series of laws to help the employees avoid problematic employment practices and reduce inequality amongst workers. Check the main takeaways from these new laws include: 

  • Labor protection laws would make companies liable to reclassify hundreds of thousands of independent contractors as employees guidelines for job equality. 
  • It is easier for first responders to get compensation for post-traumatic stress disorder
  • Ban discrimination at the workplace
  • Hike in the minimum wage
  • Worker Protection Order to reduce the spread of COVID-19

Labor and Employment Laws California 

The statute of limitations for filing a claim with the type of complaint filed and which administrative agency your complaint is directed. For instance, you may have 180 to draft your claim. List of the agencies involved in a California employment law case include:

  • California Division of Labor Standards and Enforcement (DLSE)
  • California Department of Fair Employment and Housing (DFEH)
  • United States Department of Labor
  • The United States Equal Employment Opportunity Commission (EEOC)

Contact Cummings & Franck P.C, leading Los Angeles employment attorney online to grasp more about your employment law. 

We provide free initial consultations and understand all employment law and offer assistance at a reasonable price. Our experienced lawyers are prepared to do whatever it takes within the law to win. 

Feel free to get in touch with us today!