The attorneys at Simonian & Simonian, PLC represent employees who have been treated unfairly in the workplace. The most common types of claims include:
Employee Misclassification – The misclassification of employees as 1099 independent contractors vs. W-2 employees presents one of the most serious problems facing affected workers, employers and the entire economy. Misclassified employees are denied access to critical benefits and protections to which they are entitled, such as the minimum wage, overtime compensation, meal and rest periods, family and medical leave, unemployment insurance, and safe workplaces.
Wrongful Termination – All employment in California is considered to be at-will unless otherwise specified. Under the at-will presumption, a California employer, absent an agreement or statutory or public policy exception to the contrary, may terminate an employee for any reason at any time. However, employees are often terminated or laid-off for unlawful reasons. We investigate each of our clients’ cases to determine whether they have a viable claim for wrongful termination.
Wage and Hour – The Labor Code requires employers to pay non-exempt employees overtime for all hours worked over eight hours in any workday and over 40 hours in the workweek. If an employee exceeds 12 hours of work in any workday, an employer is obligated to pay him/her double overtime. Employees who have not been compensated for overtime are entitled to such wages in addition to various penalties.
Meal and Rest Periods – The Labor Code requires employers to provide all nonexempt employees with one 30-minute unpaid meal period for every five consecutive hours worked. If the employee works more than 10 hours per day, he or she must be given a second 30-minute meal period. Employers are further required to authorize and permit all non-exempt employees to take 10 minutes of net rest time for every four hours of work time or major fraction thereof. Employees are entitled to one hour of premium pay for all missed meal periods in a given day, and an additional hour of premium pay for all missed rest periods in a given day.
Other types of claims include:
Discrimination and/or Harassment in the Workplace (i.e. race, gender, sexual orientation, age, disability, religious affiliation, etc.)
Hostile Work Environment
Vacation or Paid Time Off