LABOR CODE DISCRIMINATION AND RETALIATION LAWYERS - LOS ANGELES CALIFORNIA
Blady Weinreb Law Group LLP’s Los Angeles attorneys represent employees in claims for retaliation and discrimination under the Labor Code against their employers. We represent employees in both individual and class action cases throughout Los Angeles County and nearby counties, such as Orange County and Ventura County. If you believe you have been subjected to termination in violation of the Labor Codce by your employer, please contact one of our Los Angeles lawyers at 323-933-1352.
CALIFORNIA LABOR CODE PROTECTIONS
The California Labor code contains many protections for employees from discrimination or retaliation for exercising employee rights or engaging in protected activities. The protections provided in the Labor Code, include:
- Alcohol and drug rehabilitation (Labor Codes 1025-1028)-employers with 25 or more employees shall reasonably accommodate an employee, and safeguard the employee's privacy, who voluntarily enters or participates in an alcohol or drug rehabilitation program.
- Child care facility complaints (Health and Safety Codes 1596.881 and 1596.882)-protects employees of child care facilities from retaliation or discrimination for reporting or testifying about alleged violations of child care facility standards.
- Complaining to Labor Commissioner (Labor Code 98.6)- protects employees who have filed a bona fide complaint or claim with the Labor Commissioner, or have testified or are about to testify in any such proceeding
- Disclosure of wages (Labor Code 232)-no employer may require that employees as a condition of employment refrain from disclosing the amount of their wages, nor require employees to sign a waiver denying their right to disclose the amount of their wages-an employer may not discharge, discipline, or discriminate against an employee who discloses the amount of his/her wages.
- Employee illiteracy (Labor Code 1044)-employers shall safeguard the privacy of employees who reveal literacy problems, and shall not discharge or discriminate against these employees if they are satisfactorily performing their duties.
- Gender-based wage discrimination (Labor Code 1197.5)-no employer shall pay an individual at wage rates less than the rates paid to employees of the opposite sex for equal work-exceptions exist wherein payment is made under a seniority, or a system that measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than gender.
- Hazardous Substance Act complaints (Labor Code 6399.7)-prohibits an employer from discharging or discriminating against an employee for filing a complaint or testifying regarding alleged violations of the Hazardous Substance Act.
- Polygraph tests (Labor Code 432.2)-no employer may require an applicant, prospective employee, or employee to submit to a polygraph test as a condition of employment- public agencies are exempt.
- Political activity (Labor Codes 1101 and 1102)-no employer may adopt or enforce any policy forbidding or preventing employees from participating in political activities, or becoming candidates, or controlling or directing political activities and affiliations of employees-an employer can not coerce employees by threat of discharge to follow or refrain from any political action or activity.
- Refusal to work in unsafe conditions (Labor Code 6311)-no employee shall be discharged for refusing to work in conditions violating any occupational safety or health standard.
- Refusal to work hours in excess of time permitted by IWC order (Labor Code 1198.3)-no employer shall discharge or discriminate against an employee for refusing to work time in excess of the hours permitted under an Industrial Welfare Commission order.
- Safety or health complaint (Labor Code 6310)-protects employees from retaliation or discrimination for making a complaint or testifying concerning safety or health conditions.
- School visits (Labor Code 230.8) - no employer with 25 or more employees shall discharge or discriminate against an employee who is a parent or guardian of a child in kindergarten, or grades one through twelve, for taking off four hours each year per child to visit the child's school.
- School visits by parents of suspended pupils (Education Code 48900.1)-protects an employee from discharge or discrimination for visiting the school of a suspended child as required by the school.
- Serving on Jury duty (Labor Code 230)-no employer shall discharge or discriminate against an employee who takes time off from work to serve on a jury or to appear as a witness in court.
- Serving as a Volunteer firefighter (Labor Code 230.3)-no employer shall discharge or discriminate against an employee who takes time off to perform emergency duty as a volunteer firefighter.
- Sexual orientation (Labor Code 1102.1)-prohibits discrimination or different treatment in any aspect of employment, or opportunity for employment, based on actual or perceived sexual orientation-does not apply to employers with less than five employees, or to religious or non-profit organizations.
- Shopping investigator's report (Labor Code 2930)-protects an employee from discharge based upon a shopping investigator's report, until the employee has been shown the report.
- Wage garnishment (Labor Code 2929)-no employer may discharge an employee whose wages have been garnished or threatened with garnishment.
- Whistleblowers (Labor Code 1102.5)-protects an employee from discrimination or retaliation for disclosing information to a government or law enforcement agency when the employee has reasonable cause to believe that the information reveals a violation of federal or state law or regulation.
There are time limits for filing statutory discrimination claims under the Labor Code (as little as 6 months). It is important for employees who believe they have discriminated against to consult with an attorney as soon as possible after a potentially discriminatory action.
If you believe that your employer has discriminated against you under the Labor Code, please contact a Blady Weinreb Law Group Los Angeles Lawyer at 323-933-1352.