California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

I've been working company in SF past 7 months.

Customer Question
I've been working for a...
I've been working for a company in SF for the past 7 months. This company I had worked for previously 12 years ago until I became ill. A couple of weeks after my current employment, the owner called me and asked whether I would be interested in taking on the project of redecorating his hotel/hostel rooms. I was originally hired to work at the front desk as the afternoon desk clerk. Then the question was posed if I were gay, and when I asked him why this was asked, his reply was that he works well with gay designers. I replied that I was not and the conversation continued on. I informed the hotel manager of this and at that time I thought it was somewhat amusing as I believe I have not said anything nor acted in any way, shape or form that would have given him the impression that I was of that sexual orientation. Nonetheless, things ran smoothly after that up until a few weeks ago. I have been informed by the hotel manager and my immediate supervisor that the owner had commented he was getting "bad vibes" about me. No reason given. This started when the hotel manager was considering me for the position of Reservations Manager. The owner did not want me for the post obviously and the hotel manager spoke with me and initially wanted for him and myself to approach the owner and try to convince him otherwise. I told my manager that I wasn't going to "fake it", attitude or personality wise, just so the owner would like me. I have since informed the hotel manager that I was going to stay on the job until the end of September as I had planned on taking an extended trip to Asia in October and will have to leave my employment then. When I spoke with the hotel manager yesterday, I was asked about my travel plans and he commented that the owner had obviously been asking when I was going to leave, and that how he (the hotel manager) was having his judgment questioned by having originally considered me for the Reservations Manager position initially. I again asked what exactly the reason is behind the owner's dislike for me as it seems to be more personal than anything at this point in time. I've been pondering about this most of the evening and got very little sleep for the first time just being totally annoyed and now I'm feeling harassed. Also, I have been functioning as the "answering service", answering after hours call from 11pm to 9am when the office reopens as the hotel's reception desk isn't open 24 hours. For this, I'm getting paid an equivalent of 15 minutes per call at the double rate of my hourly rate and wasn't paid for the entire time since starting to do this task. I only got compensated starting April whereas I've started working for this company back in November. What can I do? Jake
Submitted: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 32 minutes by:
6/25/2015
California Employment Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified
Good morning,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy.
Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards ***** ***** as undesirable or offensive.
In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.
You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your sexual orientation (non-gay).
To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(###) ###-#### ***** apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.
Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees, and only one if the claim is based on harassment), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### ***** website: www.eeoc.gov
Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
As for the fact that you were made to work for the employer and not paid for the work between November and April, you have a valid wage claim under CA law.
You may actually sue the employer in court and recover your wages/commissions. Additionally, if you sue in court, under federal laws (FLSA), you are also entitled to seek what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double the wages owed you in the claim based on their willful failure to pay you. Additionally, you will be entitled to be awarded costs of the court as well as your attorney fees incurred in filing suit and litigating it against your employer. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html
A relatively recent law signed by the CA Governor, allows CA employees to seek liquidated damages when making a claim to the Division of Labor Standards Enforcement (DLSE), just as they could if suing in court initially. So in CA whether you make a claim to the Division of Labor Standards Enforcement, or file an action in court on your own, you may seek liquidated damages. Here is a link to an article on the change---good for CA employees, but bad for CA employers: http://www.shawvalenza.com/publications.php?id=343
The award of liquidated damages is mandatory unless employer shows that (A) act or omission giving rise to violation was in good faith and (B) the employer had reasonable grounds for believing that act or omission was not a violation of 29 U.S.C.A. § 216(b). This is a very difficult standard for the employer to meet.
Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it:
http://www.thefreelibrary.com/Pursuing+an+FLSA+claim%3a+many+employers+have+figured+out+how+to+skirt+...-a0183316511
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Ask Your Own California Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,855 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a part-time employee at a local organization that has
Hi. I am a part-time employee at a local organization that has its own office. The organization also has other part time workers at the office who come in Mondays and Fridays. The boss is out Mondays … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am wondering i am still on my dads medical and dental
i am wondering i am still on my dads medical and dental insurance i have both a physical and non physical disability i am wondering if there is a way where i can have his insurance for life and if so … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
Thank you for your recent advise on how best to handle our
Thank you for your recent advise on how best to handle our disgruntled ex-employee. There are a few points that I would like clarified: To recap the basis of our original question: Our employee was th… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a California EDD situation I was in where I
Hello,I have a California EDD situation I was in where I mistakenly claimed extra benefits for 4 months. Mistakenly in the sense that I didn't understand I wasn't allowed to claim when I had a full-ti… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We have a co-worker in the office that is always causing
We have a co-worker in the office that is always causing arguments, pushing buttons etc. I work with her just 2 days a week and the day before we're working together and that day i always have a bad h… read more
socrateaser
socrateaser
1,031 satisfied customers
I was off from a tech startup with vested shares. I signed a
I was laid off from a tech startup with vested shares. I signed a purchase agreement for the shares which was cosigned by the CEO but not witnessed. The agreement was stapled to a copy of the money or… read more
socrateaser
socrateaser
1,031 satisfied customers
Going through a edd audit. Audit questionnaire recieved. Its
Going through a edd audit. Audit questionnaire recieved. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I was curious about constructive dismissals. There are
There are several eyewitness accounts of one major incident and documents evidencing an ongoing problem...I do not have access to those documents though. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x