Navigating the complex landscape of employment law in California can be daunting. But you don't have to do it alone. At the Law Office of Fahim Rahman, we're here to guide you every step of the way.
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Employment Discrimination and Violations
The following are practice areas in which attorney Fahim Rahman has a proven track record of results for holding unscrupulous employers accountable in employment law disputes. The law limits the time you have to get the compensation you deserve.
Most federal employment laws and California state labor laws are in accordance to offer discrimination protections, wage protections, and safety precautions in the workplace.
For instance, the Fair Labor Standards Act maintains federal minimum wage and child labor protections with equivalent protections provided by the California Department of Industrial Relations (DIR) which are enforced at the state level by the Division of Labor Standards Enforcement (DLSE).
Race, color, religion, sex, age, and disability are common reasons why unscrupulous employers discriminate against employees. The law has strong protections in place to prevent these actions.
Workers who have been wrongfully terminated have protections under the law. Have you been dismissed from your job as a result of discrimination, retaliation, or harassment on the part of a co-worker or supervisor? Proving a wrongful termination lawsuit in California can be a complicated process held to the standard of direct violation of the California Fair Employment and Housing Act.
Since California is an ‘at-will’ employment state, employers have the right to terminate your employment at any time with or without reason. But there are specific exceptions in place and if you can prove that your employer violated your legal rights in terminating your position with the organization, you may have the ability to receive compensation and punitive damages may be imposed on that employer.
Demonstrating wrongful termination in a court of law can be extremely difficult under both state and federal labor laws which should not be navigated without a highly-skilled wrongful termination attorney like Fahim Rahman in your corner.
A physical or mental impairment shouldn’t put you at a disadvantage in the workplace and the American with Disabilities Act as well as the Fair Employment and Housing Act prohibit employers from discriminatory practices in the workplace. The state of California maintains a broad definition of discrimination, making it a serious violation of a worker’s rights if they have been subject to common discriminatory actions on the part of their employer.
Those actions may include hiring someone else less qualified over an applicant with a disability, paying a lesser wage, a reduction in tasks or responsibilities in the workplace, or denial of promotion or increase in compensation as a result of a workers’ disabled status.
If you or someone you know believes that he or she has been the victim of disability discrimination, there are avenues towards fair justice and compensation that may be explored to take action against an employer who has either unwittingly or willfully violated the law.
In the state of California, an employer is bound by law to support any employee who has a disability and requires reasonable accommodations through a good faith interactive process. Failing to take part in that process may put that employer at risk of violating the law.
As per the California Family Rights Act (CFRA), employees who are eligible under the law are guaranteed job-protected leave for giving birth or adding a new child to that employee’s family. The CFRA stipulates that all employees who meet the qualifying requirements set forth in the law are given up to twelve weeks of unpaid leave over a period of one year. During this time, an employer may not terminate a qualifying employee’s position with the organization nor that employee’s health plan.
In addition, the employer is prohibited from taking any discriminatory or retaliatory actions that may be in violation of the CFRA against any employee who has chosen to exercise his or her rights granted by law.
The Fair Employment and Housing Act mandates that qualifying employers must comply with state law by engaging with any employee diagnosed with a physical or mental disability who requests reasonable accommodations that allow that employee to perform the tasks of his or her employment. This process requires that both parties, employer and employee, discuss viable options and identify one or more solutions.
Through the interactive process, reasonable request is made for accommodations that are tailored specifically to help allow the employee to carry out the responsibilities for which that employee was initially hired. Failing to engage in the interactive process places the employee at considerable detriment in the workplace and exploring measures to avoid this disadvantage are mandatory for an employer in the state of California or risk violating the law and suffering punitive consequences in the form of fines and penalties.
The interactive process is intended to benefit employees and employers alike, provided the accommodations being discussed do not place an undue burden on the employer on a financial basis or through interfering with or interrupting routine business operations.
Employees who have been incorrectly classified as independent contractors instead of employees is the definition of misclassification and this practice puts employees at risk of losing out on benefit and protections to which they have a right under multiple state and federal laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, and the California Family Rights Act, among others.
An employer may decide to misclassify one or more of their employees as independent contractors in order to avoid providing benefits under the law or remaining compliant with labor laws that give workers a variety of protections including unemployment insurance, workers’ compensation, protections against discrimination, retaliation, or harassment in the workplace, and fair wage and hour laws that are guaranteed to employees under the law.
Most independent contractors are not granted these protections and benefits under the law, therefore, many employers will misclassify eligible employees to avoid the costs and restrictions that come with maintaining compliance with state and federal employment laws.
Wage and hour laws provide employees with vital protections that ensure fair wages, overtime pay provisions, and meal and rest break requirements granted under California labor laws. Should an employer fail to comply with these laws, violations may come with significant punitive damages.
Under the law, employees are entitled to uninterrupted meal breaks after a certain number of hours worked in which they are free from any duties and responsibilities. Rest breaks are also granted to employees that are interrupted, though shorter duration than a meal break. Should an employer deny these breaks to any qualifying employee or urge that employee to skip taking his or her legally provided break, that employer is in violation of wage and hour laws.
Wages and compensation are also protected for employees. California’s statewide minimum wage is currently $16.50 per hour as of January 1, 2025. Overtime pay is also protected under the law as eligible employees who are entitled to receive additional compensation must be paid these wages when due.
Employers who fail to comply with wage and hours laws could face maximum penalties of up to $4,000 per violation.
The Family and Medical Leave Act has been established to protect the rights of employees who request leave from work for a variety of possible reasons – an employee may need to seek medical attention for a serious health matter or injury, care for a family member with a major health problem, anticipate the birth of a new baby, or care for a recently adopted child or child placed in the employee’s care as a foster guardian.
The Act, placed into law in 1993, grants qualifying employees up to 12 weeks of unpaid leave during which time an employer is bound to the requirements of the FMLA to approve this requested leave and refrain from termination, discrimination, or retaliation of the employee for taking his or her legally guaranteed leave.
Employers who violate the provisions of the Family and Medical Leave Act are subject to possible fines and punitive damages. If you believe you have been a victim of FMLA violations on the part of your employer, you need an experienced attorney like Fahim Rahman fighting for your rights.
Age can be a cause for discrimination in the workplace as workers over the age of 40 are given protections under the Age Discrimination Employment Act as well as the California Fair Employment and Housing Act.
The Equal Employment Opportunity Commission is the enforcement body that investigates employers who deny job applicants employment because they are 40 years of age or older.
Discrimination or harassment of an employee based on his or her age by an employer constitutes a violation of the law. If an employee is paid less, passed over for a promotion or raise in compensation, or terminated from employment all due to his or her age, or harassed or subject to a hostile or work environment through age-related statements, comments, insults, remarks, or jokes, that employee may be a victim of age discrimination.
If you are one of those employees and you are ready to take action, you need a trusted and skilled attorney who knows how to win age discrimination cases. Fahim Rahman is that attorney and he’s ready to fight for you.