Other Employment Disputes

In addition to representing employers and employees in workplace discrimination and harassment cases, Mr. Abel also represents both employers and employees in a variety of other employment disputes throughout Southern California, including Los Angeles, Orange, and Ventura Counties. 

Wage, Hour, and Overtime Disputes

California has the most stringent labor code of any state in the country.  Disputes often arise over unpaid overtime, vacation benefits, bonuses, commissions, and inadequate breaks and meal times.  Employers will often attempt to re-classify employees from non-exempt to exempt employees in order to avoid paying overtime and to circumvent other employment laws.  Simply reclassifying an employee as exempt does not change an employee's legal classification.  Employers must determine their employees' classifications correctly and pay them in accordance with the law. 

Employees are often reluctant to step forward and report wage, hour, and overtime violations because they fear retaliation, especially if efforts to stand up to their employer prove unsuccessful.  However, statutes and public policy protect employees who come forward by prohibiting retaliation.  Employees can file their claims with the Division of Labor Standards Enforcement and the Office of the Labor Commissioner, which is most appropriate for claims under $50,000.  Even if the claim is under $50,000, you should consult an attorney to discuss the options available to you. 

Sometimes, wage, hour, and overtime cases can be combined into class action lawsuits, particularly when there are a number of employees who have been similarly mistreated.  Please see our separate wage and hour class action page for further information about these specialized cases. 

Whistleblower Rights

A whistleblower is one who reports a violation of state or federal law to the government or one who provides information during the course of a government investigation.  California Labor Code Section 1102.5 prohibits employers from enforcing any policy that would prevent an employee from engaging in whistle blowing.  This statute also prohibits an employer from retaliating against an employee for reporting or disclosing information to government or law enforcements.   The Attorney General is mandated by law to maintain a whistleblower hotline for employees.  Furthermore, employers are obligated to display a poster or other writing listing a whistleblower's rights, including the number for the state hotline.

Family Medical Leave Act

Under the federal Family Medical Leave Act ("FMLA"), all employers covered under the FMLA must allow eligible employees up to 12 weeks unpaid leave in any 12 month period for:

• The birth and care of an employee's newborn child or placement of an adopted or foster child with the employee
• Caring for an immediate family member with a serious health condition
• Taking medical leave when the employee is unable to work because of a serious health condition

California's Family Rights Act ("CFRA") mirrors the Federal Act.  Mr. Abel counsels and represents employees who believe their CFRA or FMLA rights have been violated.  He also advises employers on to how to prevent FMLA and CFRA violations and represents employers who have been sued for allegedly violating FMLA and CFRA.

If you believe your rights have been violated or if your business has been sued for alleged violations of employment laws, contact the Abel Law Offices today to discuss your case.