Employment Litigation

Levy, Stern, Ford & Wallach (LSFW) represents California workers against their current and former employers in matters of employment discrimination and harassment, wage and hour law litigation, and other violations of state and federal laws.  For information on wage and hour laws, please continue reading below. 

Employment Discrimination and Harrassment

LSFW represents individual employees who have been terminated or have faced unlawful employment practices in both state and federal courts.  These claims include wrongful discharge, sexual harassment, disability discrimination, sexual orientation discrimination, and race discrimination.

Wage & Hour Litigation

Minimum Wage - As of January 1, 2008, the minimum wage in California is $8.00 per hour. The fact that an employee is paid by the piece or on commission does not relieve the employer from paying a minimum wage of $8.00 per hour.

Meal and Break Periods - Employees are entitled to a 30-minute, unpaid meal period for every 5 hours worked in a day. Employees must also be given a 10-minute paid rest period for every four hours worked in a day.

Overtime Pay - California law requires daily overtime to be paid to all hourly non-exempt employees at a rate of one and a half times their regular rate of pay after 8 hours worked in a day, and two times the regular wage after every 12 hours worked in a day. There are other instances in which employees may be entitled to premium rates, such as when an employee works for seven consecutive days in a workweek, or as required by a collective bargaining agreement.

Holiday and Sick Pay - Employers are not required to provide holiday and sick pay.  However, when an employer does have a policy providing for these benefits, such as in an employee handbook, the policy is subject to certain legal requirements, and violations of these requirements may be actionable.  In addition, such polices may be enforceable as a verbal, written, or implied contract.

Vacation Pay - If an employer provides vacation pay to its employees, that vacation pay vests with the employee and that employee is entitled to that vacation pay. In the event that the employee is discharged or fired, the employee must be immediately compensated for any accrued, unused vacation pay.

Exempt and Salaried Employees - Many times an employee is told by their employer that they are not entitled to various wage and hour provisions, including overtime, because they are salaried and/or exempt employees. The fact that the employer classifies your job as salaried or exempt does not control whether you are entitled to wage and hour benefits, such as overtime. Instead, the actual requirements and circumstances of the job decide whether you are a salaried and/or exempt employee.

Final Pay - If you are laid off or fired from a job, all wages (including accrued unpaid vacation) must be paid in full at the time of termination. In the event that you quit your job, you are entitled to all of your wages within 72 hours of giving notice of your intention to quit.

Class Actions

LSFW continues to represent employees in class action lawsuits against employers who have violated employment laws.  Some of our recent cases include:

Lee v. Dynamex

Employees were unlawfully misclassified as independent contractors instead of employees, resulting in their not being paid as required by California law.  Employer was required to reclassify employees and reimburse them for business expenses.

Acevedo v. California Offset Printers, Inc.

Employer unlawfully failed to provide meal and rest breaks and failed to pay appropriate penalty wages pursuant to Labor Code Section 227.6, as well as unlawfully paid lower hourly rates for overtime work.

Fairfield v. Coast Leasing Corporation (dba Advantage Rent-a-Car)

Employer failed to provide meal and rest break periods as required by law and unlawfully required employees to work off the clock and not be paid for all time worked.

Castro v. Cenveo Commercial, Inc.

Employer failed to provide meal and rest break periods in accordance with the law.

Protect Your Rights

If you would like to know if your employer is violating state or federal employment laws, or a free consultation regarding any employment problems you may have, contact LSFW today.  Our offices are conveniently located in Los Angeles and Burbank, and we provide assistance to clients in the San Fernando Valley and throughout Southern California.