Bakersfield

Covering roughly 151 square miles, Bakersfield is a city located in Kern County in California and serves as the county seat. As of 2020, its population was 403,455, which make it the ninth most populous city in the state. Major employers in the city include Adventist Health Bakersfield, Bolthouse Farms, Chevron Corp, Dignity Health Mercy Downtown, Ensign United States Drilling, Foster Care Human Service, Frito-Lay Inc., Memorial Hospital Bakersfield, Nabors Completion-Production. If you believe you may have a wage and hour or discrimination claim against your employer, you should call the seasoned Bakersfield employment lawyer of the Calderone Law Firm. Our principal Vincent Calderone has more than a quarter of a century of experience litigating these matters and can fight for a fair outcome in your case. We handle cases involving employment discrimination and the Fair Employment and Housing Act (FEHA), the Family Medical Leave Act (FMLA) and the California Family Rights Act, labor laws, class action, and whistleblower claims.

Employment discrimination occurs when an employer treats an employee adversely due to a personal characteristic or trait that is protected under federal, state or local laws. Many of the federal workplace discrimination laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) are enforced by the Equal Employment Opportunity Commission (EEOC) and are intended to forbid discrimination at moderately sized or large employers. In contrast, the California Fair Employment Housing Act (FEHA) protects those who work for smaller companies. However, every case is different, and you should choose an attorney who understands the nuances of the different laws that might apply to your case and can seek relief using all available avenues.

FEHA protects a wide range of characteristics including:

• Color
• Race
• National origin
• Ancestry
• Religion
• Sex (pregnancy or gender)
• Marital status
• Sexual orientation
• Medical condition (cancer or genetic characteristics)
• Age of 40 or older
• Mental and physical disability (including HIV/AIDS)
• Denial of pregnancy disability leave and
• Denial of family and medical care leave.

Employers that have at least 5 employees cannot discriminate against you when you apply for a job or treat you adversely when you are already an employee based on any protected characteristic. In addition, employers cannot retaliate against you because you assert, in good faith, your rights under the law.

FEHA applies to public and private employers, as well as employment agencies and labor organizations. Employers covered by the law are forbidden from discriminating in their advertisements, applications, hiring, firing, promoting, compensating or providing opportunities like apprenticeships or training programs.

FEHA also forbids harassment based on a protected characteristic. You are protected against harassment in all workplaces in Bakersfield, even those that have fewer than five employees.

Your employer should pay you according to wage and hour laws that apply to your job. If you are a nonexempt employee, you should be paid the proper minimum wage and when appropriate, overtime.

Unfortunately, some employers inaccurately identify their nonexempt employees as either exempt or as independent contractors, two classifications that remove a number of legal protections. Fortunately, how you are classified is a legal decision, not one entirely based on your employer’s opinion on how you should be paid. If you think your employer has violated wage and hour law, you should talk to our lawyers about whether you have a claim against the employer.

When you apply for a job or start a job, there may be a great sense of possibility and optimism. But sadly, some employers do violate the law, whether knowingly or inadvertently because of lack of legal counsel, and thereby cause real harm to job applicants and employees. If you need a Bakersfield employment attorney, call the Calderone Law Firm. Complete our online form or call us at (424) 348-8290.