Employment Law Lawyer / Attorney
Southern California Employment Law Attorney
At The Law Offices of Norman J. Homen our goal is to provide our clients with the best results in a timely and cost-effective manner. For over 16 years, our outstanding litigation team has remained dedicated to the rights and welfare of the injured and disabled. Our two offices in Orange County and Los Angeles are ready to serve clients throughout Southern California including Los Angeles, Orange County, Riverside and San Bernardino County.
Under the Americans with Disabilities Act (ADA), it is illegal in California for an employer to discriminate against a qualified, but disabled person, with regards to hiring, firing, placing, or promoting that individual for a job. In addition, it is also illegal for an employer to discriminate against a qualified but disabled person with regards to his/her compensation, job training, and any other employment privileges or conditions. Furthermore, an employer cannot require the individual to take a medical exam, nor ask questions during the interview regarding the alleged disability, except to determine whether reasonable accommodations will be necessary.
In order to successfully file and win a disability discrimination lawsuit, the employee must prove to the court that he/she was discriminated against specifically because of his/her disability, even though he/she is more than qualified to perform all the essential job duties without any aid or with reasonable accommodations. Under ADA, disability is defined as “a physical or mental impairment that substantially limits a major life activity.”
When the courts side with the employee, he/she is typically awarded damages. The employee will usually be compensated for any embarrassment or humiliation he/she suffered, in addition to punitive damages that can be anywhere from Fifty Thousand ($50,000) to Three Hundred Thousand ($300,000), depending on the size of the employer. An employee can also receive compensation for Attorney’s fees, back pay that was lost since termination, job reinstatement, and future pay.
Wage and Hour Claims
Under the Fair Labor Standards Act and the California Labor Code, all employees in California have the legal right to earn at least minimum wage, be paid for overtime, and receive reasonable meal breaks. An employee’s job status determines the types of meal breaks and overtime he/she is entitled to receive:
Non-Exempt Employees (any employee who is not an Executive, Administrator, or Professional) must:
- Be paid at least minimum wage
- Be compensated for each hour of overtime worked
- Receive proper meal breaks. For each five hour blocks of labor an employee is entitled to a 30-minute break, as well as a 10-minute rest period in the middle of every four hour block of labor.
- Any labor performed in addition to forty hours a week or eight hours a day must be compensated as overtime pay.
Contact the Law Office of Norman J. Homen
If you have been discriminated against by an employer, or your employer has failed to provide you with proper compensation, overtime pay, or meal breaks, a skilled attorney like Norman J. Homen can help. The Law Offices of Norman J. Homen has successfully represented numerous clients with wage and hour claims.
Mr. Homen prides himself on the relationship he builds with his clients, and treats all clients with respect and integrity. He believes that constant client communication and intelligent legal representation are the keys to achieving success. If you or your loved one has been taken advantage of or mistreated by an employer, contact the Law Office of Norman J. Homen at (866) 383-4529 today.