Los Angeles Employment Law Blog

Unlike other countries, workers in the United States have rights and are protected by state and federal laws. The United States Department of Labor oversees the safety and fair treatment of workers in California and across the country by administering and enforcing labor laws. One of these laws, the Fair Labor Standards Act (FLSA) of 1938, establishes overtime pay and minimum wage, and sets standards on child labor. The Wage and Hour Division of the U.S. Department of Labor is in charge of the enforcement of the FLSA.

Recently, a restaurant in another state was investigated by the U.S. Department of Labor over allegations that the restaurant owners violated the FLSA. Reportedly, the investigation found that the restaurant owners failed to pay overtime to nearly 60 employees going back two years. When employees work more than 40 hours, it is required that they receive time-and-a-half of regular pay, which the restaurant failed to do, investigators said. 

These days, businesses will do whatever it takes to gain a competitive edge. In order to save a few dollars, some employers will push the limits and may even violate established laws and regulations. Workers in California have a right to speak out against any immoral or illegal acts. Employees who report violations or illegal activities are protected by the Whistleblower Protection Act. Unfortunately, retaliation against those who blow the whistle is common.

Two female employees of a medical group in Los Angeles recently filed lawsuits after they were allegedly fired in retaliation for blowing the whistle on illegal actions. The two women allege that they were subjected to abusive and hostile behavior from a doctor with whom they worked. Allegedly, one woman experienced complications from a cosmetic surgery which required her to take a medical leave from work. Upon return, the woman claims she was harassed by the doctor for taking a leave from work.

What happens when an employee in California is forced to miss work because of a serious injury or to take care of an immediate family member? Thankfully, legislation has been put in to place that allows workers to retain employment when certain circumstances require extended time off. The Family and Medical Leave Act (FMLA) is a federal law that guarantees qualified employees up to 12 weeks of job-protected, unpaid leave. California also has a FMLA law at the state level.

Employees can use FMLA leave to care for a close family member who has fallen ill or for the birth of a child. However, workers most commonly use FMLA to recover from or care for a serious injury or health condition. FMLA defines a serious health condition has any illness or impairment, physical or mental, that requires continuing treatment by a health care provider or inpatient care.

In life, it is only right for every person to be treated fairly. No person should be judged or have less opportunity just because of gender or color of his or her skin. This is the very definition of discrimination, and no matter how it occurs, it is always wrong. These days in California and across the nation, more and more women are coming forward with allegations of gender discrimination. A former employee of a city in another state filed a lawsuit after she was allegedly harassed and discriminated against.

The woman worked as a recreation director and claims she endured a hostile working environment. According to the lawsuit, the woman was sexually harassed by her supervisor. After filing complaints, the mayor of the city became her supervisor, the lawsuit says.