What is Nela?
NELA/NY, the local affiliate of the National Employment Lawyers Association (“NELA”), advances and encourages the professional development of its members through networking, educational programs, publications and technical support. NELA/NY also promotes the workplace rights of individual employees through legislation, a legal referral service, and other activities, with an emphasis on the special challenges presented by New York’s employment laws.
NELA was founded in 1985 to provide assistance and support to lawyers in protecting the rights of employees against the greater resources of their employers and the defense bar. NELA is the country’s only professional organization that is comprised exclusively of lawyers who represent individual employees in cases involving employment discrimination, wrongful termination, employee benefits, and other employment-related matters. NELA has a membership of more than 2,000 lawyers in 50 states and the District of Columbia, as well as 50 state and local affiliates around the country. NELA/NY has more than 300 members.
For over 35 years, NELA/NY has been a leader in advancing legislation that positively impacts New York’s workers. See what we are up to this year and how you can get involved in our legislative advocacy efforts!
Become an active NELA/NY Member!
How do I get a free consultation with employment law in Virginia?
Employment Law Lawyers and Attorneys in Virginia Call 800-672-3103 for a Free consultation.
How can I get free advice on employment law UK?
Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes.
How do I get free advice from California Labor Law?
Everyone always mentions employees need more rights, but little attention is placed on what rights employers are violating under California and federal law on a consistent basis. Employee rights are of course more important than ever in this economy. With fewer and fewer small businesses employing workers in California, big companies seem to have gained leverage and the ability to violate employee rights.
One type of employee rights that are often at issue relates to wages and hours. In particular, the issue of labor law breaks has found its way to court in many recent employment law cases. Employees are entitled to a 30 minute uninterrupted meal break for every 30 hours of work performed for the employer. However, what if the employees waive this right to a meal break by signing a meal break waiver? Or what if the employee clocks out for a meal break but continues to work through the break because the company requires the employee to do so? These employee rights are currently hot topics in California employment law and the answers to these questions are uncertain as of now.
Another hot topic about employee rights deals with discrimination in the workplace. What happens if a company fires an employee but gives a false reason for the termination? Is this considered a wrongful termination? Does this give rise to a viable claim for discrimination in the workplace? Under California discrimination laws, if employees prove that an employer gave a false reason for firing the employee, this does not necessarily mean that the employee rights were violated by the company. However, the company has to present another reason for why the employee was fired. If this reason is deemed discriminatory, the employee may have a viable discrimination claim.
Employee rights relating to working conditions is another current topic in California employment law. In particular, the issue of whether employees are required to stand up for long periods of time without the ability to sit down in a chair. Recently, several lawsuits have been filed against employers who require employees to stand up in the retail industry. Do employee rights entitle the workers to sit down or are the workers required to stand up all day?
At Blumenthal, Nordrehaug & Bhowmik, our lawyers have obtained more than $1.3 billion in judgments and settlements for employees and consumers whose rights have been violated by companies of all sizes, with a substantial portion of that amount recovered through class action litigation throughout California.
Our experience with the identification and pursuit of workplace rights claims can help you recover compensation on an individual basis or as a member of a defined plaintiff class. For additional information about your litigation options under California labor laws, contact our employment lawyers in San Diego, labor attorneys in San Francisco or Los Angeles employment law lawyers for free legal advice. Blumenthal, Nordrehaug & Bhowmik enjoys a statewide reputation for providing high-quality legal representation for employees and consumers.
How do I get a free consultation with employment law in Virginia?
Employment Law Lawyers and Attorneys in Virginia Call 800-672-3103 for a Free consultation.
What are my rights as an employee in California?
Are you looking to file an employment claim? Learn your rights as a California employee. Give us a call to get started on your claim today!
Given the breadth of employment law, your employer may be violating your rights without you being aware of it. The following will help ensure that you understand your rights in California so that you can protect them when the time comes.
To start, let’s get an overview of your rights as an employee in California. Every worker in the state is entitled to some core, essential rights, including:
- Protection from discrimination in the workplace
- Equal pay for equal work
- Protection from sexual harassment
- Protection from discrimination based on age
- Protection from discrimination based on disability
Some of these rights also extend to those who are applying for work positions in California. As an applicant, you have the right not to be discriminated against, first and foremost. This means that an employer cannot rule you out as a candidate based on race, origin, religion, gender, or age. An employer is also not allowed to run a credit or background check on an applicant without their permission.
With this overview in mind, let’s dial in on some specifics related to each of these rights.
You are protected from discrimination in the workplace in California by both state and federal laws. What are some ways in which you can experience discrimination in the workplace?
Any employer in California with 15 employees or more is held accountable under Title VII of the Civil Rights Act when it comes to these types of discrimination.
The EEOC, or Equal Employment Opportunity Commission defines discrimination in this way, providing further insight into just how discrimination can manifest:
As you can see, there are some surprising ways in which discrimination can impact California employees. Understanding these details are crucial to ensuring that your own rights are not being violated.
Oftentimes, California employees experience discrimination in the workplace due to their sex or their gender identity. Gender identity discrimination can involve discriminated based on transgender status or sexual orientation. All discrimination of this type is protected under Title VII of the Civil Rights Act.
How can discrimination manifest in these cases? An individual might experience discrimination in hiring, termination, the types of jobs they are assigned to, training, and more. It is also important to note that California employees are protected under the Equal Pay Act and that workers of all sexes and genders should receive equal pay for equal work. Workers in California are also protected from sexual harassment in the workplace.
Another category of discrimination from which you are protected as a California worker is discrimination based on age. While not talked about as often as sex or racial discrimination, many Californians experience discrimination of this type, missing out on work opportunities to younger candidates or employees. Employers are prohibited from firing older employers to hire younger ones, or even more affordable ones.
The Americans with Disabilities Act (ADA) also protects Californians from discrimination based on disability.