Types of Workplace
The attorneys at Durkin and Hood have the experience and expertise to help you with a wide array of workplace legal situations, such as:
If you have a disability or are pregnant, there are state and federal laws that may require your employer to accommodate you so that you can continue to work effectively. If accommodations are possible, it may be illegal for your employer to deny you accommodations or to force you onto leave, whether paid or unpaid. If your employer has refused to accommodate your disability or is treating you differently because of your disability, we can help you understand your legal remedies.
Gender Discrimination & Sexual Harassment
Even with all progress of the past few decades, many American companies still discriminate against female employees. On average, businesses continue to pay female employees less than male employees for the same position and promote women less frequently than men. Many women are subjected to sexual harassment or a hostile working environment because of their gender. If you are being denied opportunities in the workplace or feel that you are being treated differently because of your gender, we can help.
Both state and federal laws prohibit employers from discriminating against certain protected classes such as racial or ethnic groups. Employers are prohibited from:
- Treating a certain racial or ethnic group differently than other groups
- Enforcing rules more stringently against certain racial or ethnic groups
- Adopting policies which have a disparate impact on those groups
The law also prohibits discriminatory behaviors in the workplace, such as racial slurs, workplace harassment, or expressions of racial prejudice. Other, more subtle, forms of race-based discrimination are also illegal, such as reassignment to a difficult or unpleasant work task or poor job reviews despite adequate performance. If you feel that you are being discriminated against on the basis of race or ethnicity, we can assist you.
Interference with Medical and Family Leave
Under state and federal law, California employees are legally entitled to leaves of absence from their jobs for any of the following reasons:
- Medical care
- Providing care for a family member
Taking a leave of absence for any of these reasons may be legally protected. However, employers often deny these types of leave requests, either intentionally or due to an ignorance of the law. Other times, employers retaliate against employees who exercise their rights to family or medical leave. If you believe your rights to medical or family leave has been interfered with, we can help you understand your rights and communicate with your employer to help them understand their obligations under the law.
Pregnancy Leave and Pregnancy Discrimination
In California, you have the right to take pregnancy leave under the federal Family and Medical Leave Act and the California Family Rights Act. You may be entitled to additional time if you suffer from medical problems relating to your pregnancy. Furthermore, an employer cannot interfere with your right to take a leave of absence or retaliate against you upon your return from leave by, for example, demoting you or taking away job duties. Because there are so many different laws in play when it comes to pregnancy in the workplace, it can be difficult to understand what your rights are. We can help you navigate your leave and return to work by helping you determine how much leave you are entitled to, what benefits might be available to you and how your employer must treat you upon your return to work.
Wage and Hour Disputes
California law entitles employees to minimum wages, overtime pay, meal and rest breaks, prompt payment of wages, and detailed wage statements, among other rights. Many employers take advantage of their workers by failing to comply with these laws, or by misclassifying employees as “exempt” or “independent contractors.” If you believe your rights to the protections of California’s wage and hour laws have been violated, we can help you recover the wages you are owed.