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The eighth most populous city in the country, San Diego, has a population of 1,386,932 with a density of around 4,256 people per square mile. Located along the Pacific Ocean, it is known for its beauty, mild climate, beaches, and world-famous Zoo. Notable employers in the city include Sony Electronics, University of California, UC San Diego Health, Scripps Research Institute, SeaWorld, and Sharp Memorial Hospital. When you go to work in the city, you hope to be treated fairly by your employer. Unfortunately, not all employers act in accordance with the law. If you need to bring a wage and hour lawsuit or employment discrimination charge against your employer, you should call the seasoned San Diego lawyers of the Calderone Law Firm. Our principal Vincent Calderone can use insights gained from more of quarter of a century of experience litigating employment lawsuits.Call Calderone Law Firm About an Employment Law Matter
Our San Diego attorneys represent employees and workers in matters involving wage and hour, class actions, medical leave, disability leave, family leave, labor laws, whistleblower claims, employment discrimination, harassment and retaliation.
As a worker, you may be classified, under the law, as a nonexempt or exempt employee, or as an independent contractor, among other potential categorizations. Nonexempt employees in California are the most protected group due to the high potential for employer abuse. As a nonexempt worker, you would have a right to overtime pay, minimum age, and rest breaks. Meanwhile, exempt employees and independent contractors are not protected by wage and hour laws, and other labor laws, and cannot make some kinds of claims. Consequently, some employers try to get nonexempt workers to regard themselves as independent contractors or exempt employees. It is important to realize that your classification is one determined by law, not based on your employer’s views about what wage to pay you and for what work.
Examples of exempt employees in San Diego include:
- IT professionals
- School administrators
- Traveling salespeople
- Private high school teachers.
It is complicated to determine on your own whether you are exempt, nonexempt or an independent contractor. There are nuanced determinations that must be made with each of these types of categorizations. With an executive exemption, for example, to be exempt, you’d need to manage general business operations, regularly direct 2 employees’ work, use or influence your authority to hire and fire employees, and regularly use your discretion and independent judgment on the job. Even if you are not protected by wage and hour laws, however, other laws, or your employment agreement could affect your rights, and it is important to give a seasoned lawyer the full picture if you suspect you might have a claim.Employment Discrimination Lawyers
You may have an employment discrimination claim if your San Diego employer has treated you negatively because you belong to a class or have a personal trait that is protected under federal, state or local laws. The California Fair Employment Housing Act (FEHA) provides broad protections for a wide range of traits including:
- National origin
- Sex or gender including pregnancy and childbirth
- Sexual orientation
- Gender identity or expression
- Marital status
- Medical condition
- Military or veteran status
- Genetic information
- Family leave
- Pregnancy disability leave
- Medical leave
- Age over 40
Under FEHA, you are also protected against retaliation for reporting patient abuse in a tax-supported institutions.
In most cases, FEHA provides greater remedies to employees facing discrimination than do federal laws like Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA). State courts have also interpreted state laws regarding discrimination, and the related claims of harassment and retaliation liberally. You have protection under FEHA if you work for an employer with at least 5 employees; if you work for a midsize or large employer, you may be protected under federal laws, as well.Consult a Trustworthy Southern California Employment Lawyer
We understand that it can be difficult to seek justice against your employer, and that you may feel you’ve been put in an untenable position in which you could be blackballed in your industry or face other hardships. We fight hard for our clients. If you need a champion to safeguard your rights in a dispute with your employer, you should consult a seasoned San Diego employment attorney. Call Vincent Calderone and the Calderone Law Firm. Complete our online form or call us at (424) 348-8290.