If you are working overtime hours, you know how important it is for you to get paid for your labor. If you think that your boss is not paying you for your overtime hours or if your boss is miscalculating your overtime, don’t hesitate to act. Under California law, any nonexempt employee shall not be employed to work more than eight hours in one workday or more than 40 hours in one workweek unless he/she receives one and one half times his or her regular rate of pay. Your ‘regular rate of pay’ is the compensation that you normally received for the work that you do.

Did you know that even if you work unauthorized overtime, your boss is still required to pay you overtime? However, an employer can disciple an employee if he or she violates an employer’s policy of working overtime without the required authorization. Just recently an overtime lawsuit filed by a group of firefighters was settle for $45 million. The lawsuit alleged the firefighters suffered from years of miscalculated overtime pay.

If you are an employee in the bay area, and if you have been denied overtime you may be able to sue. Don’t hesitate to stand up for your rights. The experienced attorneys at Law Offices of David H. Greenberg are here to help you. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Whistle blowing occurs when an employee tells on an employer who is breaking the law. If these employees are later fired or retailed against for reporting the illegal act, they are able to sue. In order to be protected by whistle blowing statutes and employee must tell the illegal act to someone in law enforcement or a government agency. If the illegal activity is only reported to someone inside the company, the employee is not protected by whistle blowing statutes. They may, however, be protected by some other laws.

If you have reported your boss’ illegal behavior, and later discovered what you thought was a violation of the law was actually legal, you are still protected by whistle blowing statutes. This means that if you are later fired for reporting what you thought was an illegal act, you may be able to bring a lawsuit. You must be able to show that you reasonably believed you were reporting an illegal act.

Just recently a whistle blowing lawsuit was filed by the Equal Employment and Opportunity Commission (EEOC) on behalf of a former surgical technician. The technician alleged she was wrongfully terminated for blowing the whistle about unsanitary conditions in hospital operating rooms. If you think you may be a Whistle Blower, get help by contacting the skilled team of attorneys at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Women are not only protected from being discriminated against on the basis of their sex, but they are also protected from discrimination based on pregnancy. Pregnancy discrimination is against both federal and state laws. Both California’s Fair Employment and Housing Act (FEHA) and federal Title VII prohibit discrimination based on pregnancy. The ban on pregnancy discrimination also includes discrimination based on childbirth, related medical conditions, or potential pregnancy.

Your employer has an affirmative duty to accommodate your pregnancy. For example, if your doctor requests that you take a position that is less strenuous or hazardous, the employer must transfer you to another position or create such a position. An employer is exempted from this requirement if the creation of such a position would ‘unduly burden’ the employer. In addition, your boss has obligations towards you in regards to pregnancy leave. While Federal Title VII does not explicitly require an employer to grant Pregnancy leave, it does require an employer to grant medical leaves which are applicable to pregnant women. California’s FEHA does provide pregnant women with the right to take a leave of absence for a reasonable period of time. This time does not exceed four months. In addition, an employer does not have to pay the employee during this absence.

Just recently, the Equal Employment and Opportunity Commission (EEOC) brought a pregnancy discrimination lawsuit against a Japanese restaurant. The restaurant allegedly fired a waitress after discovering she was pregnant. The company agreed to settle the lawsuit by paying the employee $30,000. If you have been fired from your job after your boss found out you were pregnant, you may be a victim of pregnancy discrimination. Find out more by contacting the knowledgeable attorneys at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Just recently a disability discrimination lawsuit was settled for $100,000. A hearing-impaired operating room scrub technician was fired after being employed with a hospital for over 6 years. The former employee was fired after doctor’s complained she could not hear their instructions. However, the employee asserts that she would have been able to hear if they did not play loud music in the operating room.

If your boss has also treated you less favorably because of your hearing impairment, you may have an employment claim. Your boss is prohibited from discriminating against you based on your hearing disability under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act. In order for you to be able to bring a claim under either the ADA or FEHA, you must be able to show that you are a ‘qualified individual with a disability.’ This means that you must be able to do your job with or without a reasonable accommodation.

If you think you are a qualified individual with a disability and if you have been fired or demoted because of your disability, you may be able to sue. To find out more, get in touch with the skilled group of lawyers at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help guide you through this process.

A phobia is an irrational and persistent fear of certain objects, activities, or persons. The most common symptom of this disorder is an obsessive attempt to avoid the feared object. If the fear is beyond a person’s control, or if is interfering with a person’s daily life, they may be diagnosed with anxiety disorder. Phobias are very common, and are most often linked with anxiety disorders. Some therapists work through an individual’s phobias by desensitizing them to the feared object. Other therapists recommend cognitive-behavioral therapy, which allows the patient to understand the negative thought patterns and how to change them.

If you have a phobia, you are likely protected from discrimination at work based on this phobia. Some examples of ways in which you may be a victim of discrimination include your boss not allowing you to miss work for medical appointments, your employer not accommodating your need to take a reasonable time off work, your employer not providing you with reasonable on-site accommodations for your disability, and your boss not accommodating your need to attend psychotherapy or counseling sessions to control your phobia.

If you have been a victim of discrimination based on your phobia, you may be able to bring a discrimination lawsuit. In order to sue, you must be able to show that you are disabled, that your disability has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken an adverse action against you. An ‘adverse action’ may include not hiring you, firing you, demoting you on the basis of your phobia. If you think you may have been a victim of discrimination or if you have questions about your legal rights, contact the experienced lawyers at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more about disability discrimination.

Watsonville, California is located in Santa Cruz County. This town is known for producing a variety of fruits and vegetables and is home to Driscoll’s Strawberries. In addition, to produce companies, Watsonville is also home to some very large construction companies including Graniterock and Granite Construction.

Watsonville boasts a large population of over 43,300 residents and a very large Hispanic/Latino population. It is important to note that regardless of your race, color, religion, you are protected by California and federal employment law. This means that your employer may not discriminate against you on the basis of your gender, disability, religion, sexual orientation, and/or age (over 40 years). Moreover, your boss and/or co-workers may not harass you on the basis of any of the previously mentioned characteristics.

If you have been harassed or discriminated against because of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years), you may have an employment claim. Contact the experienced attorneys at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our team of lawyers is here to help you!

Sexual harassment can occur in many different ways. Both men and women can be harassers, and both men and women can be victims of harassment. When men are victims of sexual harassment, they may be embarrassed to seek the help they deserve. If you are a male victim of sexual harassment, you should be aware that there are many other men in your situation. Get help today.

There are two basic types of sexual harassment. The first type of harassment is known as ‘quid-pro-quo’ harassment. ‘Quid-pro-quo’ is a Latin terms that means ‘this for that.’ This type of harassment involves a trade. Typically, quid-pro-quo harassment occurs when your boss asks for sexual favors in exchange for work-related benefits. The second type of sexual harassment is known as the ‘hostile environment.’ This type of sexual harassment occurs when your boss or coworker does or says something that makes you feel uncomfortable because of your sex. When this offensive behavior is severe or pervasive, it is illegal.

Just last week a national movie theater chain agreed to pay $175,000 to settle a sexual harassment lawsuit. According to the lawsuit, a male employee was subjected to harassment by a female co-worker who repeatedly grabbed his crotch. If you have also been a victim of sexual harassment, get help today. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

If you are a California resident with a disability, you should know that both California and federal law prohibits employment discrimination based on disability. If you think that you may have been a victim of disability discrimination, you are not alone. The Equal Employment and Opportunity Commission (EEOC) has received numerous disability discrimination allegations each year. In 2008 alone, the EEOC received over 19,400 allegations of disability discrimination in the workplace.

California’s FEHA act is more protective of workers in three important ways. First, FEHA requires a lower standard for defining someone as ‘disabled.’ Under the ADA, a person is considered disabled if the individual is ‘substantially’ limited in a major life activity. However, under FEHA, an employee is considered disabled if he/she is ‘limited’ in a major life activity. Second, the ADA does not necessarily cover ‘work’ as a major life activity. However, FEHA covers working/employment as a major life activity. Lastly, under the ADA an individual’s disability will be considered in a mitigated state. This means that a person with a vision disability will be evaluated with the ‘mitigated’ state of wearing glasses. However, under FEHA, the individual is evaluated in the unmitigated state.

If you have been a victim of disability discrimination, don’t remain silent. Get help immediately by calling the experienced employment lawyers at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you fight for your rights!

If you are deaf, and if you are denied a job because of your deafness, you are protected under both federal and California law. The federal Americans with Disabilities Act (ADA) is in place to protect people in your situation. Under the ADA, an employer may not refuse to hire a qualified individual with a disability solely because of their disability. In fact, the ADA applies whenever an employer treats a qualified individual with a disability unfavorably because of his/her disability.

A ‘qualified individual’ with a disability is defined as a person who meets the job requirements and who can show they have a disability because they meet one of three criteria. A person is considered ‘disabled’ under the ADA if he/she (1) has a physical or mental condition that substantially limits a major life activity, (2) he/she has a history of a disability, or (3) he/she is believed to have a physical or mental impairment that is not transitory. A ‘major life activity’ includes things such as walking, talking, seeing, hearing, or learning.

Just recently, a large skin care product company agreed to settle a disability discrimination lawsuit brought by a deaf applicant. The Equal Employment and Opportunity Commission (EEOC) brought the lawsuit on the applicant’s behalf. The EEOC alleged that the company violated the Americans with Disabilities Act by refusing to hire the applicant because she is deaf. If you were refused a job because you are deaf, or because of another disability, get help now! Call the attorneys at Law Offices of David H. Greenberg. Our group of lawyers is experienced in this area of law, and they can guide you through the process of protecting your rights. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

In this unstable economy, older employees may be concerned with the potential for being laid off. However, under California’s Fair Employment and Housing Act (FEHA) and federal Title VII, employers may not target older employees for layoffs. Age discrimination is not only wrong, but it is also illegal. However, under the law, age discrimination protection only applies to workers 40 years and older. If you are laid off from your job at 39 because your boss says you are ‘too old,’ you are not protected under age discrimination statutes.

There are some cases where it may look like age discrimination is occurring, but it is not. For example, employers are allowed to replace older workers with younger workers if the reason is not age related. For example, an employer may replace higher paid employees with lower paid employees with less seniority. Often times, this may look as if a younger employee is being favored over an older one. However, if age is not the motivation, it is not illegal.

Just recently, two former employees of a chemical manufacturer were awarded $6.2 million in damages. The two employees alleged that they were fired from their jobs in a company layoff that specifically targeted only older workers. If you are over 40 years and if you have lost your job in a layoff that targeted older employees, seek legal counsel now. The team of attorneys at Law Offices of David H. Greenberg is here to guide you through this process. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will fight for your rights!