Palm Springs

Palm Springs Lawyers for Employment Law Matters

Palm Springs is a Sonoran Desert city that’s known for shopping, hiking, golf, hotels and more. Major employers in the city include the Desert Care Network, Desert Oasis Healthcare, Agua Caliente Casino, American Leak Detection, Attune RTD, Savoury’s Catering, and DAP Health. The population of the city is roughly 55, 579. The annual average household income in the city is $87,874. Whether you were discriminated against or paid improper wages in Southern California, you should call the seasoned Palm Springs employment law attorneys of the Calderone Law Firm. Our firm is dedicated to results-oriented advocacy in employment law matters and seeks best results in every situation.

Employment Litigation

Federal and state law cover Palm Springs employers. Disputes may arise between employers and employees with regard to discrimination, overtime, minimum wage, meal and rest breaks, whistleblowing, leave, defamation, retaliation. These controversies may be settled through alternative dispute resolution, but it’s a good idea in employment law matters to retain a lawyer who is fearless and able to go to trial when the circumstances warrant it. Many businesses and their lawyers become aware of the reputation of opposing counsel and are more likely to offer a fair settlement, if they know there is a real possibility they will need to go through an expensive trial otherwise.

Employment Discrimination

Employment discrimination occurs when a job applicated is treated adversely due to a characteristic protected under law. Several federal laws prohibit discrimination including Title VII of the Civil Rights Act and the Americans with Disabilities Act. These laws are enforced by the Equal Employment Opportunity Commission (EEOC). You have a limited window of time within which to file a charge, which is a prerequisite to filing suit under the laws enforced by the EEOC.

In many instances, the California Fair Employment House Act (FEHA) provides greater protection than does federal law. It applies to employers in California who have a minimum of five employees. It protects more characteristics than federal law does; these include sex, race, color, religion, sexual orientation, ancestry, marital status, medical condition, HIV/AIDS status, disability, national origin, domestic violence victim status, age when you’re at least 40-years-old, and military status. Discrimination against a worker who takes family or medical care or disability leave is also prohibited.

Your employer is not permitted to treat you negatively because of a protected characteristic. Discriminatory acts could include failure to hire, failure to promote, harassment, disparate pay or termination. For example, if a prospective Palm Springs employers denies you a promotion to a more prestigious and public-face position because you are disabled and in a wheelchair, you may have a disability discrimination claim under the ADA and FEHA. Discriminatory acts can occur in the job application process. They can include job advertisements that exclude people with a particular protected characteristic or a screening method that treated adversely a certain group of people because of their protected characteristics.

Wage and Hour

Palm Springs employers are supposed to pay you fairly and in accord with the law. Employers are required to follow whichever law—federal, state or local—that is most generous to employees. Unless you are exempt, you should be paid minimum wage for the work you do, and if you work overtime as a nonexempt employee, you should be paid overtime, which is calculated as time and a half for hours that exceed 8 hours. When you work over 12 hours in a single workday as a nonexempt worker, your employer should pay you double time.

Many employees in Palm Springs receive tips from customers or clients. Tips belong to employees. Unlike some other states, California doesn’t allow employers to take tip credits for servers or other staff who are typically tipped as part of their job. Rather, you should be paid at least California minimum wage for each hour you work, on top of the tips you receive.

Consult a Seasoned Attorney About Your Employment Law Claim

The Calderone Law Firm is a pre-eminent Southern California firm. If you believe your rights as a worker were violated in Palm Springs, give our experienced employment law attorneys a call. Our founder Vincent Calderone has more than 20 years of experience fighting for employees who were treated in a discriminatory or illegal fashion by their employers. Contact us online or call us at (424) 348-8290.