Kosinski and Thiagaraj, Ltd. has a long history of representing employees in matters of workplace discrimination and wage theft. Our attorneys file claims on behalf of employees for various workplace violations, including:
- Unpaid Wages and Overtime: “Non-exempt,” or hourly, employees are entitled to pay for all of their time worked, including time spent working through lunch and time worked away from the office. Employers must compensate employees for this time, even if it is only fifteen minutes a day. Non-exempt employees are also entitled to overtime according to specific California Labor Code provisions, depending on work schedules and professions. California and federal law also regulate meal times and breaks, compensatory time off, and when an employer must pay wages. Employees who are subject to wage violations may be eligible to collect penalties against their employer, in addition to overdue wages.
- Misclassification of Employees: “Exempt” employees are those employees who are exempt from the protections of certain state and federal wage laws, such as overtime pay. Salaried employees are often considered exempt employees. However, not all salaried employees are properly classified as exempt from these laws. If an employer misclassifies an employee as exempt, the employee is nonetheless entitled to receive overtime for all hours that he or she worked over eight in a day and over forty in a work week, in accordance with California and federal overtime laws.
- Workplace Discrimination: You have the right to be free from unlawful discrimination at work. While employers may make managerial decisions that negatively affect you, such as scheduling work hours, issuing reprimands, and firing, it is unlawful for them to make these types of decisions based on an employee’s “protected classifications.” These protected classifications include an employee’s: age, race, national origin, sex and gender identity (including transgender), sexual orientation, pregnancy, disability, religious affiliation, military status and marital status.
- Retaliation: In California, employers may not harass, discipline or otherwise retaliate against an employee because the employee reports possible workplace discrimination or harassment, either to the employer or to a government agency. For example, if an employee complains of sexual harassment to her employer, the employer may not then pass her over for a promotion because she complained of the harassment.
- Family and Medical Leave: Certain California employees are protected by the federal Family and Medical Leave Act (FMLA) and the state California Family Rights Act (CFRA). Other, more local leave laws may apply as well. Covered employees are entitled to take leave from work for reasons such as one’s own serious health condition, to care for one’s child, parent or spouse, or for the birth or adoption of a child. Leave laws are rapidly changing in these times, and employees may be faced with difficult, and unlawful, decisions unless employers stay current with these laws. If your employer has denied you the right to medical leave or has discriminated against you for exercising your right to medical leave, you may have a basis for financial recovery.
- Wrongful Termination: California and federal law prohibit employers from terminating an employee based an employee’s protected status, such as the employee’s sex, pregnancy, race, disability, or age, or in retaliation for engaging in protected activity.
If you believe that you have been treated unlawfully at work, please contact the experienced advocates at Kosinski and Thiagaraj, Ltd. to schedule a free phone consultation.