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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My mother passed out and went to the ER today. She has been

Resolved Question:

My mother passed out and went to the ER today. She has been working a lot and she is very stress out due to a supervisor that makes her work overtime. She has been working 13 hours a day for about 2 weeks. The head designer Isn't there a labor law that prevents something like that from happening? She even asked HR to be transfered to another area but was denied. Is there a case?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Unfortunately, employers are not typically prohibited from overworking employees as long as they pay them in compliance with wage and hour laws.

However, as this appears to be a work-related condition, your mother should file a workers comp claim with the employer and should receive benefits for missed work.

In addition, it is illegal to retaliate against her for filing such a claim typically, so the employer cannot discipline or terminate her for becoming sick.

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Customer: replied 5 years ago.

There is a detail that might make a difference. The head designing supervisor makes her work when everyone else goes home. I feel she is being discriminated because of she cannot speak english very well. She told me that the supervisor was going to make put her through hell and make her quit and make sure she can't work anywhere else again. She asked HR if she could be moved to another area and was denied. Doesn't HR need to try and help her out in this situation?

Expert:  Tina replied 5 years ago.
I see.

This may involve discrimination based on race/national origin then and a complaint should be filed with the HR department in an attempt to resolve the situation. If it is not resolved promptly and your mother is still being singled out for less favorable treatment, then she would typically need to file a complaint with the EEOC or state fair employment and housing commission.

She would also need to retain an attorney to represent her in this matter and review her complaint. Look for ones who take contingency fee cases if possible.

All the best to you and your mother.

Tina and other California Employment Law Specialists are ready to help you

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