Best Employment Lawyers in Napa, CA

FAQs

• What is the non-emergency contact number for the local police station in Napa, California?

  To reach the Napa City Police Department, (707) 257-9223.

• Where can I get a copy of police reports for incidents related to my case in Napa, California?

  To obtain a police report from the Napa City Police Department, call the Records Bureau at (707) 257-9573 to make an appointment. When you're scheduled, you can visit the office at 1539 First Street. Please be informed that the office is only open from Monday to Thursday, from 8 AM to 5 PM.

• Can you be in trouble in Napa if you reported unlawful activities at work to authorities?

  No. Pursuant to California Labor Code § 1102.5 and many other whistleblower laws, any employee in Napa who reports illegal activities at work is protected from any retaliatory acts by their employer. They are also protected from being forced to participate in the said unlawful activities and from being kept from speaking about their experience.

• What are examples of things that make a work environment in Napa hostile?

  A Napa work environment becomes hostile if any of the following below goes unchecked:

  • Constant degrading jokes about age, gender, and national origin.
  • Flagrant use of racial slurs or epithets
  • Mocking of employees who are disabled.
  • Discrimination of any kind.
  • Power-tripping.
  • Restricting the career growth of any individual based on their race, gender/gender identity, age, etc.

• Is it lawful for an employer in Napa to tell their employees that their overtime is waived?

  This is absolutely illegal. An employer and their employee cannot enter into an agreement where the latter works overtime and does not get paid for those hours. The former is also prohibited from cutting a deal with their employers privately to keep from paying the overtime they are owed. To avoid employees from working overtime in Napa, there must be rules enforced about regular working hours.

• Is it possible to get paid for break time at work in Napa?

  It depends on the nature of your work in Napa and the contract you signed when you first started your job. If your work calls for you to remain on the premises even during lunch and/or sleep periods to accommodate inquiries or calls, then you must be compensated for it. Meal or rest periods are counted as "compensable" unless the employee is completely relieved of duty during break time.

• Are you eligible for overtime pay in Napa if you're an independent contractor?

  Sadly for Napa independent contractors, the law that upholds overtime pay only applies to and protects employees. In essence, an employee classified as an independent contractor only has the right to be paid properly, in accordance with the agreed salary and working hours. They are not protected by the Family and Medical Leave Act, discrimination laws, and overtime laws.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.