How to Submit an Employment Discrimination Complaint

Do you live in the Pasadena area and believe that you have suffered discrimination in the workplace? If so, it is important to know your rights as an employee and when to submit an official complaint. Today, we look at the process of filing this type of complaint in California and how to find the best employment discrimination attorney in Pasadena.

Step 1: Contact an Employment Discrimination Attorney

Have you experienced discrimination in the workplace? It can be a scary and overwhelming experience to go through alone. That’s why having an attorney on your side can make all the difference in protecting your rights.

Getting legal help as early as possible in your case is important for several reasons. First, the employment lawyer can help evaluate your case to give you the legal viewpoint of a possible case. Second, they help you determine what evidence you will need to support up your case and give you the best chance. They can also help file the correct paperwork with the proper government agencies, all the while ensuring your rights aren’t violated during the process. Don’t hesitate to reach out for the proper help in filing your complaint and seeking justice for unlawful discrimination in the workplace.

Step 2: Understand Your Rights Under the California Fair Employment and Housing Act (FEHA)

As an employee, it is important to understand your rights and protections under California’s Fair Employment and Housing Act (FEHA). This act prohibits discrimination based on a variety of factors, such as race, national origin, disability, religion, gender, sexual orientation, and military status. FEHA also requires employers to provide reasonable accommodations for employees with disabilities. FEHA also prohibits employers from unlawful harassment in the workplace. Your employment discrimination attorney in Pasadena can help you better understand these rights, which can help you feel empowered to speak up and seek justice.

Step 3: Know the Timeframe for Submitting an Employment Discrimination Complaint

It’s important for employees to know the timeframe for submitting an employment discrimination complaint. If you have experienced discrimination in the workplace, it’s very important that you file a complaint in a timely manner to ensure that your rights are protected. It’s important to consult with an experienced employment discrimination attorney in Pasadena to fully understand the timeframe and ensure that you take the necessary steps to protect your rights.

Step 4: Gather Necessary Documentation to Support Your Employment Discrimination Complaint

Documenting evidence of discriminatory behavior, such as text, messages, emails, memorandum, letters or witness statements, can help build a strong case against your employer. It is also important to gather any relevant employment policies, postings, or performance reviews that can support your claims of discrimination. Taking the time to gather and organize all necessary documentation can help prove your case and lead to a favorable outcome.

How to Find the Right Employment Discrimination Attorney in Pasadena

If you believe you’ve been subjected to employment discrimination for any reason, then it’s time to call the experts. Long before you file your official complaint, you will need the legal advice of the best employment discrimination attorney in Pasadena has to offer. For that, call the team here at Mark Charles Law, APC. We have helped many California employees get the justice and compensation they deserve for suffering employment discrimination. Contact us today to start your legal journey.

How Do You Know How Much Overtime You Are Owed?

Do you know what your rights are as an employee for overtime compensation and the amount owed for hours worked? Many workers may not realize that they are eligible to be paid overtime pay. It’s important to evaluate whether you have been shortchanged with your overtime by your employer.

In this blog post, we’ll explain how much money is owed for the extra time worked to ensure you are paid what you are owed and what to do if your employer refuses to pay you correctly.

Understanding the Laws Surrounding Overtime Pay

As an employee, it is important to understand the laws surrounding overtime pay to ensure that you are being fairly compensated for the extra hours you work. Overtime pay is any pay received for hours worked beyond eight (8) hours in one workday or more than 40 hours in a workweek. Under California’s employment and labor laws, an employer is required to pay an employee one and one half (also known as time and a half) pay for the overtime hours. However, the rules surrounding overtime pay usually come down to whether an employee is a non-exempt (many people call it hourly) employee. However, just because you receive a salary, it does not mean that you are entitled to receive overtime. Sometimes employers pay “salaries” to employees but are actually required to pay overtime to those employees.

It’s important to do your research and understand your rights as an employee to avoid any misunderstandings or unfair treatment. That said, California’s labor laws and their effect can be difficult to understand, which is why many people turn to employment lawyers for help. They can help you better understand the law, and by understanding the laws regarding overtime pay, you can ensure that you are receiving the proper compensation that you deserve for your hard work and dedication.

Calculating Your Weekly Work Hours

Do you know how many hours you work each week? Calculating your weekly work hours can be a helpful tool for determining if you should receive overtime compensation. By determining the total number of hours you spend on the job, you can better track whether you are working overtime. Many people rely solely on their employers’ automated timesheets, like swipe card systems, to track their hours. However, they should also track what they work on independently and make a note of overtime on their own. Just like checking your text messages that you exchange with your employer after you clock out, checking your emails that are work related after you have left work, credit card every month for charges that happened after you clocked out but were still working, checking your work hours compared to your paycheck is a great way to ensure you are paid what you’re owed.

Understanding Your Employer’s Overtime Policies

Make sure that your employer’s policies are consistent with California’s labor laws. Simply because the employer has an overtime policy does not mean that it complies with California’s overtime laws. If the policy is not consistent and in compliance with California’s overtime laws, the employee may be entitled to recover unpaid overtime. That may also include penalties owed by the employer. Often times, employers have the employees work “off the clock” which means that the employee has already clocked out of their shift but continues to work. This is a common situation that legally requires the employer to pay overtime, but it is not reflected in the timesheet or time card. The common examples include texting an employee after hours or communicating by email with the employee after hours. Those are examples of when the employee is still entitled to be compensated.

Knowing When You Need to be Paid Additional for Overtime

As an employee, it’s important to know your rights when it comes to overtime pay. Many workers assume that they are entitled to overtime pay after working a certain number of hours in a day or week, but this is not always the case. In fact, there are specific guidelines that employers must follow when determining if an employee is eligible for overtime pay. Some factors to consider include your job classification (exempt or non-exempt), your job responsibilities, and the amount of time you work each day and/or week.

If you’re unsure whether you should be receiving additional pay for your overtime hours, it’s always best to speak with your employer or consult with a knowledgeable employment lawyer who can help you understand your rights and protect your legal rights.

Overall, it’s essential to be informed about your overtime pay entitlements. It is important to know when you should receive overtime compensation so you can protect your legal rights to be paid correctly. Don’t be afraid to speak up and advocate for yourself when it comes to overtime pay – it’s your right, and you deserve to be fairly compensated for all the hard work that you do.

How to File a Claim for Unpaid Overtime Wages

When your employer fails to pay you for the overtime hours worked, it can be frustrating and overwhelming. Filing a claim for unpaid wages can feel like a daunting task, but it’s important to know your rights and take action to ensure that you are fairly compensated for your work.

To file a claim, start by gathering all relevant documentation, such as timesheets, pay stubs, text messages, emails and any other documents to support your claim. Next, you can contact an employment lawyer for assistance. With persistence and the right resources, you can hold your employer accountable and recover the wages you rightfully earned and owed to you.

What to Do if Your Employer Refuses to Pay You Properly for Your Overtime Hours

Working overtime means putting in additional time and effort to get the job done and being compensated accordingly is rightfully expected. However, not all employers comply with California’s labor laws and may refuse to pay employees their overtime pay. This can be a frustrating and stressful situation, but there are steps you can take to handle it.

The best path forward: if your employer refuses to pay your overtime, contact an experienced employment lawyer. They can help you better understand the legal situation, offer advice on how to move forward, and can even help you in the courtroom to fight for what you deserve.

Many people try and fight for their overtime alone. While this can work at times, your chances of getting your overtime pay can go up considerably with the right employment lawyer behind you. That’s why you should immediately contact an employment lawyer if your employer is refusing to pay you overtime.

Who to Call for Overtime Payment Help

If you are owed overtime and need an employment lawyer, then you’ve come to the right place. MC Law APC was founded to fight for employee rights and to get employees the justice and compensation they deserve. Contact us today to start your legal journey and to see what next steps you can take. Schedule your consultation to know how much overtime you are owed.

What are the Costs & Effects of Wrongful Termination?

Wrongful termination is one of the most disruptive and expensive events that can occur in any workplace. In many cases, wrongful terminations result from discriminatory practices or employers acting in retaliation to an employee—and the consequences for both employees and organizations are far-reaching. From impacts on morale to financial repercussions to legal proceedings, it’s crucial for businesses to understand and prepare for the effects and costs associated with wrongful termination.

Understanding this component of HR management is critical to staying in compliance with California’s labor laws while also protecting the company’s assets. Let’s dive into what constitutes a wrongful termination and explore some of the potential risks they carry with them.

Definition of Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of Federal, State, or local laws. This can include firing someone based on their race, disability, gender, age, or religion, or retaliating against an employee for reporting unlawful or illegal behavior within the company. Understanding the definition of wrongful termination can help employees protect their rights and seek justice if necessary.

Economic Consequences of Wrongful Termination

Wrongful termination can have significant economic consequences for both businesses. For businesses, it can lead to decreased productivity, low employee morale, damage to reputation, and the cost of defending the lawsuit. Employees who are wrongfully terminated may take legal action against their former employer, leading to costly legal fees, compensation payments, or even penalties from government agencies. This can have a significant impact on the financial stability of the business, particularly for small businesses that cannot afford such expenses. Therefore, it is essential for employers to take reasonable steps to avoid wrongful termination lawsuits by following California’s anti-discrimination/anti-harassment/anti-retaliation and California’s labor laws by providing fair and equal treatment to all employees.

How to Protect Yourself from Unjust Dismissal

In an ideal world, job security would be a given. An employee works hard, gets along with their colleagues, and job security would be all but guaranteed. Unfortunately, life doesn’t always work out that way, and an unjust dismissal can happen to any employee. In such situations, you might feel powerless and unsure of what your next move should be.

The good news is that there are ways for you to protect yourself. If you feel you have been wrongfully terminated, or you are looking to implement policies to protect your company from wrongful termination, then MC Law APC can help.

Our team of lawyers has been fighting for workers for years. We can help you navigate the complex employment law world to get the legal help you need to protect yourself or find the justice and compensation you deserve. Contact us today to learn more about how we can help you.

Five Reasons You Need to Hire a Lawyer Against Workplace Harassment

Workplace harassment is a serious issue that can have a significant impact on employees’ mental and physical health, productivity, and job satisfaction. Whether you are being subjected to verbal, physical, or sexual harassment, it is very important that you address it promptly and effectively. One of the most effective ways to do so is by hiring a workplace harassment lawyer near me who has experience in California employment law and workplace harassment cases. In this blog post, we will highlight five reasons why hiring a lawyer can be a game-changer in dealing with workplace harassment.

  • Expertise and Experience

Lawyers who focus on employment law and workplace harassment cases are well-versed in applicable laws and regulations. They have extensive experience in handling similar cases and can understand the nuances of how the employment laws apply to your specific situation. By hiring a workplace harassment lawyer, you can leverage their expertise to ensure that your rights are protected, and the harassment is effectively addressed and ended.

  • Legal Guidance and Advice

In addition to their knowledge and experience, employment lawyers provide legal guidance and advice that can be invaluable in dealing with workplace harassment. They can help you understand your rights and protections against harassment, evaluate the strength of your case, and provide guidance on the best course of action based on your specific circumstances.

  • Investigation and Evidence Gathering

Lawyers can conduct a thorough investigation into the harassment allegations and gather evidence to help support your case. They have an in-depth understanding of the legal requirements for evidence collection, determine what evidence is important to your case, and assist you with obtaining additional evidence that can help your case. All of this can help strengthen your case and maximize the chances for the best possible outcome.

  • Negotiation and Settlement

If the harassment case goes to settlement negotiations, having an employment lawyer represent you is very important. They can advocate for your interests, ensure a fair settlement, and negotiate a reasonable settlement agreement that provides you with protections that aren’t always known to non-lawyers. This can help safeguard your privacy and protect you from future employer retaliation.

  • Litigation Support

If the harassment case goes to court, a harassment lawyer can represent you and build a strong legal strategy and case to present your case in trial. They can advocate for your rights and seek the maximized legal remedies. This can not only increase your chances of success, but also ensure that you are protected from any adverse actions taken by your employer. The support of a workplace harassment lawyer near me can make all the difference in a favorable outcome.

Looking for a Workplace Harassment Lawyer Near Me?

At the end of the day, hiring a lawyer is not only wise but also a necessary choice in dealing with workplace harassment. At MC Law APC, we understand the challenges and emotional toll that workplace harassment can bring. Our experienced employment lawyer is here to guide you through the legal process and fight for justice on your behalf. With our expertise in employment law and workplace harassment cases, we have the knowledge and skills to handle even the most complex cases. By hiring an employment lawyer from MC Law, APC, you can be confident that you are taking a proactive step toward addressing the harassment you have faced and protect your rights. Search for a workplace harassment lawyer near me to act now, and let us be your advocates for a safer and workplace free from harassment.

Wrongful Termination: When Should You Talk to a Lawyer?

In the modern workplace, it is crucial for employees to understand their rights and recognize when they have been wrongfully terminated. Wrongful termination can lead to long-lasting emotional and financial consequences for the affected employee. If you believe you have been wrongfully terminated, it is essential to consult with experienced wrongful termination lawyers in Pasadena, such as MC Law APC, to protect your rights and seek justice.

What is Wrongful Termination?

Wrongful termination occurs when an employer terminates an employee for unlawful reasons that are illegal or in violation of public policy. Examples of wrongful termination include firing an employee due to discrimination, retaliation for reporting illegal activities, asserting their legally protected employment right, or terminating an employee for taking legally protected leave.

There are various legal grounds for wrongful termination claims, including violations of Federal and California’s anti-discrimination/anti-harassment laws, and violations of public policy. It is important to note that each case is unique and the specific circumstances surrounding your termination will determine if you have a valid wrongful termination claim.

Signs That You May Have Been Wrongfully Terminated

There are several signs that you may have been wrongfully terminated. These include:

  • Retaliation for whistleblowing or reporting illegal activities or the failure to participate in illegal activities.
  • Discrimination based on race, disability, gender, religion, age, or national origin.
  • Request for accommodation for a physical or mental disability.
  • Termination due to taking legally protected leave, such as California Family Rights Act (CFRA), Family and Medical Leave Act (FMLA) leave, or military leave.

If you believe that any of these factors contributed to your termination, it is essential to consult with wrongful termination lawyers in Pasadena to evaluate your case and determine the best course of action.

When to Talk to a Lawyer

You should contact a lawyer as soon as possible after your termination. Prompt action is important, as there are deadlines for filing a wrongful termination lawsuit. Additionally, gathering evidence and documentation immediately after your termination can help strengthen your case. When choosing a wrongful termination lawyer, consider factors such as experience, success rate, and reputation.

What to Expect When Speaking with a Lawyer

During your initial consultation, the wrongful termination lawyer will evaluate your case and discuss potential legal avenues and strategies. They will also inform you of the possible outcomes and likelihood of success. It is essential to be honest and provide accurate information during this consultation, as it will lay the foundation for your case moving forward.

How to Prepare for Your Consultation with a Lawyer

Before meeting with a lawyer, gather all relevant documentation, such as emails, text messages, letters, performance reviews, and any documentation related to your termination. Create a detailed timeline of events leading up to your termination and make a list of witnesses (good and bad) who can corroborate your claims. Prepare questions to ask the wrongful termination lawyer during the consultation, such as their experience handling similar cases and their recommended case strategy.

Moving Forward with Your Wrongful Termination Claim

After consulting with wrongful termination lawyers in Pasadena, you may decide to file a complaint with California’s Department of Fair Employment and Housing (DFEE) or the Equal Employment Opportunity Commission (EEOC). This step is often required before pursuing a lawsuit. Depending on your case, negotiation or mediation may be possible to resolve the dispute. If necessary, litigation in court or in arbitration may be the final option to seek justice.

Wrongful Termination Lawyers in Pasadena

Recognizing wrongful termination and acting is essential to protect your rights and get justice. Consulting with experienced wrongful termination lawyers in Pasadena, like us at MC Law APC, can provide you with the guidance and support needed to navigate the complex legal process. Don’t hesitate to reach out to us if you believe you have been wrongfully terminated, since we can help you determine the best course of action and fight for your rights.

The Role of Employment Lawyers

Navigating the complex world of employment law can be a daunting task for both employees and employers. Ensuring compliance with California’s labor and discrimination/retaliation laws, protecting employee rights, and resolving disputes are all essential aspects of maintaining a fair and just workplace. In such cases, seeking help from an experienced employment lawyer is crucial. MC Law APC is a reputable law firm that has a focus on handling various types of employment law cases. This blog will explore the multifaceted role of employment lawyers and guide you in finding an “employment rights attorney near me” to address your employment law problems.

Protecting Employee Rights

Employees have certain rights under both Federal and California employment laws, which are designed to ensure their fair treatment of employees in the workplace. Employment lawyers play a vital role in protecting these rights by representing employees who have experienced discrimination, harassment, retaliation, or unfair labor practices. They also advise on compensation and benefits disputes and help employees secure the proper compensation they deserve. If you’re an employee facing any of these issues, finding an “employment rights attorney near me” can be the first step towards safeguarding your rights and achieving the best outcome.

Assisting Employers with Compliance

For employers, staying compliant with California’s labor laws, anti-discrimination, harassment, and retaliation laws, not to mention regulations, can be a challenging task. Employment lawyers provide invaluable assistance by navigating these complexities and ensuring that businesses comply with these laws. This includes drafting and reviewing employment policies and providing advice and guidance on California’s employment laws to avoid claims and lawsuits by employees for unlawful employment practices. By working with an “employment rights attorney near me,” employers can minimize the risk of costly litigation and maintain a balanced work environment.

Resolving Disputes and Litigation

Employment disputes can be emotionally and financially draining for both employees and employers. Employment lawyers cover all aspects of representing both employees and employers in legal disputes, negotiating settlements and agreements, and handling lawsuits related to wrongful termination, wage disputes, and other employment issues. The expertise of a skilled employment lawyer matters and can make a significant difference in the outcome of these cases. Therefore, finding an “employment rights attorney near me” is important for both employees and employers seeking to resolve disputes quickly, efficiently, and fairly.

Employment Rights Attorney Near Me

The role of employment lawyers is indispensable in maintaining a fair and just workplace for both employees and employers. From protecting employee rights and ensuring compliance with California’s labor and employment laws to resolving disputes, the expertise of an experienced employment lawyer is invaluable. MC Law APC is committed to providing exceptional legal services relating to California’s employment law, making it an ideal choice for those seeking an “employment rights attorney near me.” Whether you’re an employee facing workplace challenges or an employer striving to maintain a compliant and harmonious work environment, partnering with a skilled employment lawyer can help you achieve the best possible outcome.

What Protection Do Pregnant Employees Have at Work?

Pregnancy is an exciting time for expectant mothers, but it can also come with challenges, especially in the workplace.  Pregnancy discrimination is a form of workplace discrimination that specifically violates California law.  Unfortunately, this type of discrimination is more common than people are aware.  In this article, we will discuss the legal rights and protections that pregnant employees have in the workplace.

Accommodation and Protections Under the Pregnancy Disability Leave Law.

California’s Pregnancy Disability Leave Law (PDLL) is part of the Fair Employment and Housing Act (Government Code section 12845(a)).  PDLL requires employers to allow leaves of absence for pregnant employees of up to four (4) months due to pregnancy, childbirth, or related medical conditions (Government Code section 12945(a)2 Code of California Regulations section 11042(a)).  A pregnancy disability leave may be taken intermittently or on a reduced work schedule basis depending on the pregnant employee’s medical needs. [2 Code of California Regulations sections 11042(a)(2)(B), (a)(3), (a)(4)].  California may also require employers to transfer a pregnant employee to a different position during the pregnancy (2 Code of California Regulations section 11041(a)).  Pregnant employees are also entitled to reasonable accommodation for conditions related to the pregnancy (Government Code sections § 12945(a) and (b)).  Under the PDLL, employers must treat pregnant employees the same as non-pregnant employees regarding accommodations, such as access to bathrooms and break time, and healthcare benefits.  The PDLL also protects pregnant employees from being fired or demoted due to their pregnancy.

Leave Options Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA).

The Family and Medical Leave Act (FMLA) is a Federal law that provides eligible employees with job-protected leave for up to twelve (12) weeks in twelve (12) months for a serious health condition, including pregnancy and childbirth.  Eligible employees can take this leave to recover from a pregnancy-related medical condition or to care for their newborn child.  It is important to note that the PDLL and FMLA run at the same time.  So if a pregnant employee takes twelve (12) weeks on PDLL and FMLA, they are both exhausted.  On the other hand, after an employee takes a pregnancy disability leave, the employee will still have the right to take a leave of absence under the California Family Rights Act (“CFRA”) of up to twelve (12) weeks “for reason of the birth of her child, if the child has been born by this date” (provided that the entire CFRA leave was not taken prior to the pregnancy disability leave). [2 Code of California Regulations section 11046(c)].  The pregnant employee is generally entitled to reinstatement to the same position she held before the leave. [2 California Code of Regulations section 11043(a)]

Eligibility of Leaves for Pregnant Employees.

Under both the FMLA and CFRA, an employee must have worked 1250 hours prior to taking the protected leave of absence.  In contrast, PDLL does not have a length of service requirement and does not require pregnant employees to work 1250 hours prior to taking the protected leave of absence.

Pregnancy discrimination ( in the workplace can have severe consequences for pregnant employees, including termination of their job, being denied opportunities for promotions and pay increases, and being subjected to unlawful workplace harassment.  Employers need to understand their legal obligations to avoid discrimination and failure to accommodate employees based on pregnancy, childbirth, or related medical conditions.  Employers should ensure that their policies and practices comply with applicable California laws and regulations and that their employees are aware of their rights.

Are You Pregnant and Facing Discrimination From Your Employer?

Mark Charles Law, APC understands the legal rights of pregnant employees in California and can provide you with the representation if you feel that your rights are being violated.  Our firm prides itself on providing excellent representation to our clients as well as protecting employees who have been subjected to unlawful employment practices at their work.  We have extensive knowledge and experience of California employment laws such as the Pregnancy Disability Leave Law (PDLL) to ensure that all employees receive fair and just treatment.

You deserve to be treated fairly while pregnant, free of discrimination or burden at work.  It’s important to remember that your medical appointments must also be considered reasonable accommodations under the law – but don’t worry!  Our lawyer, Mark Charles, is happy to review details and guide you through the process every step of the way.  If you feel you are suffering from discrimination due to pregnancy at work, we can help explain your rights to you.  Contact us today for a free consultation! Find out here if you have a case for pregnancy discrimination.



Unpaid Wages: Why Do You Need a Lawyer?

As an employee, one of the most frustrating things you can experience is not getting paid for the work you have done. Unpaid wages can cause a significant amount of stress and financial strain.  In addition, it can be challenging to know what steps to take to recover your unpaid wages.  This is where the search for “unpaid wages lawyers near me,” such as Mark Charles Law APC, comes in.  They can offer the experience, skills, and resources to help ensure you get paid the wages you are owed.

Common Unpaid Wages Scenarios for Employees

Unpaid wages can come in many forms.  However, the most common form is not paying a non-exempt (also known commonly as “hourly”) employee properly.  Here are some common examples:

  1. Overtime violations – California law is clear: employers must pay one and a half times (1.5) an employee’s “regular rate” (also known as the effective “hourly rate”) if the employee works more than forty (40) hours per week or more than eight (8) hours per day.  An employee is entitled to double the “regular rate” for work more than twelve (12) hours per day [Labor Code section 510(a)].  Common employer mistakes include not paying an employee overtime for more than eight hours worked in a single day because the weekly total number of hours was under forty hours in a week.  Another mistake is forcing an employee to work additional time after the employee has “clocked out” or is required to work off the clock.  The requirement of the employer to pay an employee overtime is whether or not the employer knew or should have known overtime was worked.  If your employer is not paying you overtime when you are entitled to it, you may have an unpaid overtime claim.
  1. Minimum wage violations – As of January 1, 2023, the minimum wage in California is $15.50 for all employers, regardless of the number of employees.  [Labor Code section 1182.12(c)(1); see also, “Minimum Wage”].  It is also important to note that some California cities have required higher minimum wage amounts than California.  For example, the City of Los Angeles is $16.04 (and will increase to $16.78 in July 2023) and the City of Pasadena is $16.93.  If your employer is not paying you the minimum wage, you may have an unpaid minimum wage claim.
  1. Misclassification of employees – Some employers misclassify their employees as “independent contractors” when they should have been treated as an employee to avoid complying with California’s labor laws, maintaining workers’ compensation insurance, and employer taxes.  California law presumes an individual is an employee, rather than an independent contractor.  [Labor Code section 2775(b)].  Employers will also misclassify an employee that is paid a “salary” and not comply with California’s labor laws by paying overtime compensation or providing meal and rest periods.  If you have been treated as an independent contractor or “salaried” employee and it was improper, you may be entitled to unpaid wages and meal and rest time premium under California’s labor laws.
  1. Failure to pay all hours worked – Some employers fail to pay employees for all the hours they have worked, even though the wages are owed.  Common examples of failing to pay for all hours worked include the failure to pay for hours that are worked “off the clock,” failure to pay for time an employee spends preparing for or wrapping up their shifts (“donning and doffing”), failure to pay commissions owed at the time of the end of employment, meal and rest time premiums, and failure to pay all wages owed at the time the employment is terminated.  If you believe that you have not been paid for all wages owed, you may have an unpaid wages claim.
  1. Failure to provide breaks and meal periods –  Nonexempt California Employees are entitled to an uninterrupted thirty (30) minute meal period that must be taken within five (5) hours of work and another thirty (30) minute meal period when working more than twelve (12) hours in one shift.  [Labor Code section 226.7]  Non Exempt California employees are entitled to a ten (10) minute break within every four (4) hours of work (two 10 minute breaks for an eight-hour shift).  If your employer is not providing these breaks and meal periods or preventing you from taking those breaks, you may be entitled to penalties from the employer.

Remedies for Employees who have Unpaid Wages


California has several laws in place to protect employees from unpaid wages by their employer. Below are some of the remedies that employees can seek from the employer for the different types of Labor Code violations:

  1. Payment of Unpaid Wages – Employees can recover wages due and owing, whether they be for base pay, overtime or minimum wage.  For employees that did not receive the unpaid overtime or were not paid minimum wages, they are entitled to recover interest.  [Labor Code section 1194]
  1. Penalties – Depending on the situation, employees can recover penalties from the employer for the failure to pay the proper wages.  For example, if an employee is not paid all wages at the time of termination, they can recover waiting time penalties for up to thirty (30) days of a full days’ worth of pay.  [Labor Code section 203].  The timing of how that is calculated can differ if the employee is fired (all wages due are owed on the same day) or if the employee quits or resigns (72 hours within quitting or resigning).  Employees that were not paid minimum wages during their employment can also recover liquidated damages.  [Labor Code section 1194.2]  In those situations, the employee is entitled to recover “in an amount equal to the wages unlawfully unpaid and interest thereon” for failure to pay minimum wages.  For non Exempt employees that did not receive their proper meal and rest breaks, they can recover one hour of the employee’s “regular rate of compensation.”  [Labor Code section 226.7]  There are time limits for recovering penalties from an employer, so it is important to consult an unpaid wages lawyer promptly to protect these rights.
  1. Attorney’s Fees –  A successful employee who pursues a wage claim against their current or former employer case may seek an award of reasonable attorney’s fees and court costs. [See Labor Code sections 218.5(a)1194(a)On-Line Power, Inc. v. Mazur (2007) 149 CA4th 1079, 1086, 57 CR3d 698, 703§ 218.5 applies to wage claims by all employees, including salaried corporate executives.  The attorney’s fees cannot be shared with the employee, but they are very helpful in getting the employer to pay the unpaid wages to the employee.

Why Do You Need Unpaid Wages Lawyers Near Me?

When an employee feels that their rights have been violated by their employer, the employee should consult a wage and hour attorney in Los Angeles at the earliest opportunity.  Time is of the essence because there are precious deadlines that can expire if an attorney is not contacted and these rights are not understood.  Employees in Southern California rely on Mark Charles Law APC for help.  We focus and limit our practice almost exclusively on employment law, making us the firm of choice for clients in Southern California, including Pasadena, Ontario, Rancho Cucamonga, and Pomona.  Our many years of experience and our aggressive approach are respected by clients and productive in the courtroom.  We are dedicated to fighting for the rights that each of our clients deserves. Contact the Mark Charles Law APC and speak with a wage and hour attorney in Pasadena.  We offer a free consultation and often represent employees on a contingency fee basis so that employees can secure top notch representation without upfront fees or costs.  Contact us today and find out more.

How to Hire an Attorney for Sexual Harassment Cases

There’s no question that sexual harassment can have a devastating impact on the victims.  The lasting effects of this kind of abuse can take an emotional toll for years after the harassment happened.  If you find yourself in need of legal help because you are a victim of sexual

harassment, it is important to know some strategies about hiring a sexual harassment attorney in Pomona who can represent you and get the best results for you and with compassion.

This blog post will highlight the important factors to consider when searching and then hiring a sexual harassment attorney in Pomona.  As with all attorney-client relationships, you will want an attorney who understands the facts of your case and be your spokesperson, understand your needs before, during and after your case, and has the knowledge and experience needed to fight on your behalf and get the best results possible.

Look for an Attorney with Experience with Sexual Harassment Lawsuits

There are thousands of lawyers in Southern California, but not all of the lawyers focus on

employment law cases.  Sexual Harassment lawsuits are part of employment law cases.  The first question you should ask is: “Has the employment lawyer handled cases like my case?”  You want an employment lawyer that represents employees who have been victims of sexual harassment at work.  These are very sensitive cases and often involve embarrassing facts that are hard to talk about with a stranger.  An attorney with experience in sexual harassment cases should put you at ease because you will not be the first victim they have represented.  You also want an employment lawyer that has experience filing, litigating, and taking cases to trial.  Many lawyers will boast about their results but frequently settle for any amount without ever filing a lawsuit.  This is not always the best strategy, depending on your case.  Employment

lawyers who have taken cases to trial and regularly represent employees in lawsuits gives them a better view to best represent you in your case.  In addition, those types of lawyers are also aware of what you are going through as an employee who suffered sexual harassment,

including the embarrassment, fear, and the fact that many feel alone and no one will believe them.  This is a big decision that you should not take lightly.  It is important to find an

employment lawyer that you can entrust your case who has experience.

Look for An Attorney with Referrals

An easy way to find a sexual harassment lawyer near you is to ask yourself: “Does the

employment lawyer near me has any former clients who would talk about their experience working with the lawyer?”  It is common for asking a lawyer about their work on prior sexual harassment cases.  It is not offensive to ask about their relationships with clients.  With the

current ease of going online, you can also check prior clients vouching for the lawyer by writing reviews.  Two common ways to look for reviews are on Google and Yelp.  Simply google the lawyer’s name and the Google and Yelp reviews will appear.  Many attorneys will also post

testimonials on their website that former clients wrote to explain their experience and result.

Look for Results

One of the reasons victims of sexual harassment at work look for a sexual harassment lawyer is to get compensation for the harassment.  Because these are sensitive cases, some lawyers will not post their results for other clients because the client prefers to keep their anonymity.

However, they may still post results on their website.  They may also speak with you about the cases and results without talking about the client or the employer, but can provide enough

Information for you to understand that they are the right lawyer for you.

Look for a Lawyer Near You

Sexual harassment cases are usually very detailed with facts.  There are often text messages, emails, notes, voicemails, and sometimes letters.  In addition, sexual harassment often happens in a one-on-one environment without any witnesses.  Because of the detailed nature of facts that show sexual harassment and the sensitive situation, it is important to meet with the

attorney face to face frequently.  Finding a sexual harassment closer to you will ease the

problems you will face dropping off documents, meeting with the lawyer and preparing with your lawyer.

Book a Free Consultation with a Sexual Harassment Attorney

Any employee who has been a victim of sexual harassment at work should find a lawyer to talk to about their case.  That allows you to have a better understanding of your legal rights and provides you with another part of your support system.  A skilled sexual harassment lawyer will not judge you for the sexual harassment and will look for ways to help you.

When facing sexual harassment in the workplace, it is important not only to stay aware of your rights but also to take action immediately. These steps outlined above should help you craft a strategy on how best to deal with this issue correctly.

Don’t suffer alone. Start fighting back today. If you are being sexually harassed at work and need legal counsel, seek out a sexual harassment attorney in Pomona. Contact us today so Mark Charles Law APC can give you the help you need.


What Can an Employment Attorney Do for You?

Are you looking for answers to complicated employment law questions about California’s employment laws?  Do you need help ensuring that company policies and practices are compliant with the latest local, state, and federal requirements?  If so, it’s time to reach out to an experienced employment attorney in Pomona.  An attorney who focuses on California’s employment laws can provide valuable advice on several employment issues involving workplace laws and regulations.  It can range from explaining the different types of employment laws (such as wrongful termination, sexual harassment, workplace rights or violation of Labor Code violations for unpaid wages, missed meal and rest periods, etc.), it can also include providing knowledge on how to best build an employment case.  There are a number of additional employment issues that often come up such as negotiating severance agreements, representing employees in investigations, or reviewing employee handbooks.  In all instances, it is important to have a skilled employment lawyer who will be at your side every step of the way.

In this blog post we will discuss what kind of benefits an employment attorney in Pomona brings, how they can help protect your rights as an employee or employer, and why having one is essential for making sure that your employment rights are not violated.

Explore Legal Paths to Pursue a Wrongful Termination Case

Getting fired from a job is never easy but when you suspect that your dismissal was based on unlawful reasons, it can be devastating.  Although your employer may not tell you, there may be legal options available to you.  Employment lawyers help you explore legal rights and whether you have a case for wrongful termination.  Wrongful termination cases can be based on a number of reasons.  Wrongful termination cases can include unlawful discrimination by an employer (Fair Employment and Housing Act), violation of family or medical leave laws (including the California Family Rights Act, Government Code section 12945.2), unsafe work environment (Cal/OSHA and Labor Code section 1102.5), complaints for unpaid wages (Labor Code sections 216.(a) and 1199(b), discussing wages with coworkers, female employees asserting equal pay rights (Labor Code section 1197.5(a) and the list goes on.  Because the range of possible wrongful termination cases are numerous, it is important to speak with an employment lawyer and receive the right legal advice.  This can help you preserve the best evidence to build a strong wrongful termination case and better understand your employment rights.  It’s important to act quickly and contact an experienced employment lawyer because some cases are time sensitive and there are requirements for filing administrative claims and lawsuits to preserve your legal rights.  Having an experienced employment lawyer partner with you will give you the best chance of receiving justice and receive reasonable compensation for the losses you have suffered.

File Administrative Charges with Government Agencies

Depending on the type of employment case, it may be necessary to file an administrative claim with the Department of Fair Employment and Housing or with the Equal Employment Opportunity Commission.  Filing administrative charges with government agencies can be overwhelming, but it is often a critical step to protect your employment rights.  These charges are generally based on claims for unlawful discrimination, harassment or retaliation.  As a result, it is important to consult an experienced employment attorney in Pomona to make sure that all rights are protected.  The filing of administrative claims with government agencies and primarily done online, so it is helpful to have an employment lawyer that can advise on how to file these claims.  The right lawyer will help you at every stage to help you fight for your rights.

Provide Legal Advice about Severance Agreements that have been Offered to You

Losing a job is always difficult, but it can be made more challenging if you’re not fully aware of your employment rights when it comes to severance agreements.  Severance agreements will offer you additional compensation in exchange for the waiver of all employment rights.  It is important to consult with an employment attorney when presented with a severance agreement to make the best decision on whether it makes sense to agree to the terms in the severance agreement.  There are times when the employment rights are worth much more than what is offered in the severance agreement and that can only be done after consulting with an employment attorney in Pomona.  That allows for an informed decision that prevents an employer from taking advantage of the situation gaining a full waiver that would prevent the pursuit of any employment claims.

Where to Find an Employment Attorney in Pomona

Do you need an employment attorney in Pomona? Mark Charles Law APC is here to help.  Our team of dedicated employment legal professionals can help you get the justice and compensation you deserve.  Contact us today to learn more about the ways we can help you.