Seeking Legal Assistance from Labor Lawyers in California

Tags

, ,

labor code attorneys

Employment and labor laws in the State of California are often described as stringent for covered employers yet protective of employees. Despite all of this, there are still employees, as well as applicants, who are subjected to unfair workplace treatment. Instances of discrimination, harassment, and retaliation still continue to happen in a lot of workplaces, resulting in claims and lawsuits filed against erring employers. Fortunately, there are various agencies in the state that investigate claims of workplace discrimination in an aggressive manner, as well as going after erring employers that commit statute and regulation violations respective of the employment and labor laws in California.

One of these agencies is the Department of Industrial Relations or DIR. For any labor law violation employers commit, there is a certainty that affected employees can assert their rights against them by filing claims with the agency. To further obtain the justice they deserve, it would be imperative for them to seek the expertise of labor law attorneys in Los Angeles who can help pursue their claims with the California Department of Labor.

As it is, an employer violates the Labor Code, as well as the other employment and labor laws, regulations, and statutes in California if it directly causes a hostile working environment towards a worker or a group of workers, or fails to prevent acts of discrimination or retaliation. If this happens to you, then it is important that you file your claim with the state agency through the help of labor attorneys.

With a full grasp of employment and labor law not only in the state but also on the federal level, they are also capable of handling various workplace issues that are within the scope of the Fair Employment and Housing Act (FEHA), the top anti-discrimination statute that covers employment, housing, and public accommodations. They expertly take on clients’ cases of employment discrimination, including the following:

  • Age Discrimination
  • Gender Discrimination
  • Race Discrimination
  • Religious Discrimination
  • National and Origin Discrimination
  • Compensation Discrimination

The need to hire labor attorneys

Hiring the best attorneys for your claim with the California Department of Labor should be one of your priorities because doing so will increase your chances of obtaining a reasonable compensation from the erring employer. The employer, on the other hand, will do what it takes to prevent your claim from making strides towards your favor. Obviously, your employer will have to defend itself from your accusations related to wage issues, as well as employment harassment, discrimination, or retaliation. It would be even worse if you don’t seek representation when you assert your claim; your employer has all the resources to counter your claim and that you’ll eventually lose out on your chance to win. Through your chosen legal representative’s experience and efficiency in representing clients’ employment and labor claims, you will be able to level the playing field, as well as obtain the justice that you deserve.

Whether you have been a victim of workplace harassment, retaliation, discrimination, or unfair labor practices, it is standard protocol that you must first provide your human resources department a written complaint about your situation. If the compliant reaches your employer but doesn’t take action of it, then it you must consider seeking the help of various employment agencies, including the state’s Department of Labor, as well as with an expert attorney. 

Advertisements

The Role of the CA Labor Commission in Fighting for Workers’ Rights

Tags

,

california department of labor

Improving the working conditions of wage earners, as well as the advancement of opportunities that would help boost profitability of employment in California is the primary aim of the California Department of Industrial Relations (CDIR). Its mission is to make sure that those who earn wages are protected, especially in terms of their health, safety, and overall economic well-being. It also strives to help employers comply with the various statutes and regulations concerning employment and labor laws in the state.

As a state agency that focuses on the overall employment and labor affairs in California, the CDIR enforces employment and labor laws that govern minimum wage, overtime, hours and breaks, and employment discrimination and harassment, among others. Actually, the agency has one of the four divisions that tackle these, and that is the California Labor Commission, also known as the Division of Labor Standards Enforcement (DLSE).

California Labor Commission’s Office and Its Duties

The office of the Labor Commissioner in California was established under the CDIR to adjudicate, or pass judgment on wage claims, as well as head investigations of complaints of discrimination and work complaints, and impose the statutes of the state’s Labor Code and the orders from the Industrial Welfare Commission.

One of the services that the Labor Commissioner’s Office is to process workers’ wage claims and reports of labor law violations, retaliation, discrimination and harassment. Workers may file their reports with the office’s Bureau of Field Enforcement (BOFE) if their employers commit any of the following:

  • Failure to pay minimum wage and overtime, failure to provide meal and/or rest periods, reimbursement for uniforms, record keeping of payroll, and cash shortages in violation of the orders of the Industrial Welfare Commission
  • Violation of the state’s child labor laws
  • Violation of the laws and regulations with regard to farm labor contractors
  • Failure to provide a female employee ample time or location to express milk
  • Failure to carry workers’ compensation insurance

Likewise, workers, as well as job applicants, may file a retaliation or discrimination complaint with the office if they believe they have been wrongfully terminated, or subjected to any adverse employment action that violates any law under the authority of the labor commissioner. These include various issues such as the following:

Discrimination or retaliation against a worker who is a victim of domestic violence, sexual assault, or stalking.

  • Discrimination or retaliation against a worker who took time off to serve as a member of a jury, or appeared as a witness in a court hearing.
  • Wage loss due to failure to hire, as well as the demotion, suspension, or termination of one’s employment because of engaging in any legal conduct done outside of the employer’s premises during nonworking hours.
  • Discrimination or retaliation against a worker who uses his or her right to take a leave of absence from work to attend to a sick child, parent, spouse, domestic partner, or child of the domestic partner.

Any worker who may face such work-related inconveniences that violate his or her employer’s compliance with the Labor Code and other labor statutes and regulations may file a complaint with the Labor Commissioner’s Office. Alternately, he or she may seek legal assistance from labor commission attorneys.

The California Department of Industrial Relations and Its Various Roles

Tags

, ,

ca dept of industrial relations

The State of California is one of the many states in the U.S. that are both protective of employees and strict on employers. On one hand, employees are entitled to their rights of fair compensation, as well as a workplace that is free from discrimination, harassment, and/or retaliation. On the other hand, employers must make sure that they comply with the state and federal laws on employment and labor. In a lot of ways, they must, at all cost, avoid committing acts in employment that are considered as discriminatory in nature. In addition, it is their responsibility to ensure and that they keep their workers safe by imposing safety regulations. In case of workplace injury, employers must ensure that they provide affected employees the needed financial assistance and benefits.

Employer responsibilities and employee protections are administered and enforced by a lot of state agencies in California, including the California Department of Industrial Relations (DIR). What the agency basically does is to protect, as well as improve, the health, safety, and economic well-being of wage earners in the state. Not only that, but the agency also makes sure that employers in the state are able to comply with the state’s employment and labor laws.

About the California DIR

Established in 1927, the California DIR’s role is to improve working conditions of the wage earners, as well as provide opportunities to make employment in the state as profitable as possible. Also, the agency is one of the many state entities that administer and enforce labor laws concerning California minimum wage, hours and breaks, and overtime payments, as well as employment laws that prohibit discrimination, harassment, and retaliation in employment. DIR is also responsible for providing apprenticeship training programs, as well as implement laws that would ensure the safety and health of employees in the workplace and help provide medical care and other benefits for those who are injured while working.

The Agency’s Divisions

The California DIR has four divisions, and they are enumerated below.

  • Division of Labor Standards Enforcement (DLSE). Also called the Labor Commissioner’s Office, its main task is to pass judgment on employees’ wage claims, as well as oversee investigations regarding workplace discrimination complaints, and enforce various statutes stipulated in the Labor Code and orders from the Industrial Welfare Commission. If an employer discriminates against an employee, for example, then the latter can file a complaint with the DLSE.
  • Division of Occupational Safety and Health (Cal/OSHA). This division provides health and safety protections for workers, as well as promote public safety on various public equipment such as boilers, tanks, elevators, and the like. It enforces safety regulations that employers in the state must strictly adhere to for the benefit of their employees.
  • Division of Workers’ Compensation (DWC). This division oversees claims for workers’ compensation filed by injured workers, providing services on both the administrative and judicial levels when it comes to resolving employer-employee disputes with regard to benefits. Its mission is to lessen the bad impact of work-related injuries among employees and employers in the state.
  • Division of Apprenticeship Standards (DAS). This division establishes and provides people in California the opportunity to obtain the skills needed for their employment. It also coordinates with employers in ensuring that the state’s economy is strengthened by providing them with a skilled and experienced workforce.

Mesriani Law Group offers a No Win No Fee Guarantee to all our clients to assure them that we will provide them with unmatched legal service regardless of the actual value of their cases. For more information visit us at: http://www.topemploymentattorneys.com/california-department-of-industrial-relations-CDIR/