Buena Park Employment Lawyer

Buena Park Employment Attorney

Most American employees spend the majority of their time at work to support their families and to achieve a sense of purpose. Therefore, they deserve to work in a place that is fair, equitable, and respects their rights. When this does not occur, the law may have to get involved. If you believe your rights have been violated as an employee, you may want to hire a Buena Park employment lawyer to represent you.

At The Law Office of Briana Kim, our dedicated legal team of employment lawyers is here to protect your rights and advocate for you. We have helped many Buena Park residents with situations just like yours, and want to do the same for you.

California Employment Law Overview

In general, California employment laws provide for the fair and timely payment of wages for employees as well as their just, respectful, ethical, and equitable treatment. If an employer violates any of California’s employment laws, surrounding hours and wages, or discrimination and harassment, for instance, they are subject to both civil, statutory, and in some cases criminal consequences.

The list below outlines some of California’s main labor laws per the Labor Commissioner’s Office:

• Wage and hour laws. The minimum wage in California is currently $16.50 while the standard work week for nonexempt employees is 8 hours a day and 40 hours a week. Any time worked beyond these time periods is considered overtime.
• Equal pay. California employment laws enforce equitable pay for all employees regardless of sex, gender, race, or other protected statuses.
• Protection against wage theft. California laws protect workers from wage theft, including late payment, underpayment, or nonpayment of regular or overtime wages.
• Protection against harassment and discrimination. In California, there is zero tolerance for harassment or discrimination in the workplace.
• Whistleblower protection. In California, it is illegal to retaliate against an employer for reporting illegal activity or labor law violations.

Employment Law Cases We Litigate

We are a boutique law firm that services Buena Park and surrounding areas. We are attentive to our clients and believe that each and every employee deserves to have their rights respected. Below are just some of the employment law cases we litigate:

Wrongful termination. California is an at-will employment state, meaning that both employee and employer can terminate the employment relationship at any time and for any reason. Sometimes, however, employers abuse this right and terminate employees under illegal circumstances, such as in retaliation for whistleblowing, engaging in a protected action, or refusing to engage in illegal activities.

Discrimination. By law, all employees are entitled to be treated fairly despite factors such as race, class, sex, gender, disability status, veteran status, or even pregnancy status. Sometimes, employers discriminate by failing to promote a person based on their protected status or paying them unequally based on these factors. The US Equal Employment Opportunity Commission EEOC received 88,531 new charges of discrimination in FY 2024, reflecting an increase of more than 9% over FY 2023.

Retaliation. Retaliation is illegal in the workplace and involves an employer committing an adverse action such as firing, not promoting, or demoting an employee for engaging in a protected action. Protected actions can include whistleblowing, taking time to bond with a baby under the Family And Medical Leave Act (FMLA), or even taking time off for jury duty.

Unpaid wages or overtime. California’s robust employment laws ensure employees are paid on time and fairly. They also allow for reasonable scheduled breaks and rest times. Some employers take advantage of their power by willfully paying their employees late, unfairly docking their wages for taking breaks, or refusing to pay overtime.

Misclassification. In California, most employees are classified as either exempt or nonexempt. Exempt employees are exempt from overtime pay while nonexempt employees are entitled to overtime pay for working hours longer than the standard work week. To circumvent overtime laws, some employers purposely misclassify nonexempt employees as exempt, which is illegal.

Sexual Harassment. Sexual harassment in the workplace includes any unwanted sexual advances, comments, or even jokes that make an employee uncomfortable or feel violated. The basic types of sexual harassment in the workplace include hostile work environment and quid pro quo.

Family and medical leave. In California, workers are entitled to unpaid time off for certain medical or family-related reasons.

Employment claims, such as overtime wages disputes, are generally civil claims. They are filed with the Superior Court of California, which serves all of Orange County, including Buena Park.

• Wrongful termination. California is an at-will employment state, meaning that both employee and employer can terminate the employment relationship at any time and for any reason. Sometimes, however, employers abuse this right and terminate employees under illegal circumstances, such as in retaliation for whistleblowing, engaging in a protected action, or refusing to engage in illegal activities.
• Discrimination. By law, all employees are entitled to be treated fairly despite factors such as race, class, sex, gender, disability status, veteran status, or even pregnancy status. Sometimes, employers discriminate by failing to promote a person based on their protected status or paying them unequally based on these factors. The US Equal Employment Opportunity Commission (EEOC) received 88,531 new charges of discrimination in FY 2024, reflecting an increase of more than 9% over FY 2023.
• Retaliation. Retaliation is illegal in the workplace and involves an employer committing an adverse action such as firing, not promoting, or demoting an employee for engaging in a protected action. Protected actions can include whistleblowing, taking time to bond with a baby under the Family And Medical Leave Act (FMLA), or even taking time off for jury duty.
• Unpaid wages or overtime. California’s robust employment laws ensure employees are paid on time and fairly. They also allow for reasonable scheduled breaks and rest times. Some employers take advantage of their power by willfully paying their employees late, unfairly docking their wages for taking breaks, or refusing to pay overtime.
• Misclassification. In California, most employees are classified as either exempt or nonexempt. Exempt employees are exempt from overtime pay while nonexempt employees are entitled to overtime pay for working hours longer than the standard work week. To circumvent overtime laws, some employers purposely misclassify nonexempt employees as exempt, which is illegal.
• Sexual harassment. Sexual harassment in the workplace includes any unwanted sexual advances, comments, or even jokes that make an employee uncomfortable or feel violated. The basic types of sexual harassment in the workplace include hostile work environment and quid pro quo.
• Family and medical leave. In California, workers are entitled to unpaid time off for certain medical or family-related reasons.
• Employment claims. Employment claims, such as overtime wage disputes, are generally civil claims. They are filed with the Superior Court of California, which serves all of Orange County, including Buena Park.

FAQs

How Much Does an Employment Lawyer Cost in California?

The cost for an employment lawyer in California varies based on several factors such as the firm’s location, the complexity of the case, and the lawyer’s experience. Keep in mind that hiring a lawyer, no matter the cost, improves the likelihood of your claim being successful and reaching a settlement. You should contact your lawyer directly to get a better understanding of their rates.

Is an Employment Claim Worth It?

It depends. In most cases, an employment claim is worth it, especially if discrimination or sexual harassment is severe. California has relatively clear and stringent employment laws that favor protecting employees. If your employer’s actions significantly interfere with your ability to work, it may be worth contacting a lawyer to help with your claim.

What Is the Difference Between a Labor Lawyer and an Employment Lawyer?

The terms labor lawyer and employment lawyer are used interchangeably and are generally synonymous. Whether a person uses the term labor lawyer or employment lawyer typically makes no difference, as they both refer to lawyers who advocate for or represent clients fighting employment law claims. They can help clients negotiate settlements that ensure compliance with labor laws.

Is It Expensive to Sue an Employer?

It depends. In some cases, it may be expensive to file a claim against your employer, while in others, if the case is straightforward, it may be inexpensive. This largely depends on the complexity of your case, the quality of your evidence, your employer’s resources, and the skill and experience of your own lawyer. Generally, high-quality, reputable lawyers are worth any upfront expenses in the long run.

Contact an Experienced Employment Lawyer Today

Whether you are fighting a sexual harassment case or need an advocate to recover unpaid wages, The Law Office of Briana Kim, is the firm for you. We are experienced legal professionals ready to give you the attention you deserve. Contact our office today for a consultation.