Best Employment Lawyers in Newport Beach, CA

FAQs

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

  Individuals may contact the Newport Beach Police at 949-644-3717, which is the department's non-emergency line.

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

  To request a copy of the police report related to your case in Newport Beach, you have two options:

  • Call the Newport Beach Police Department's front desk at 949-644-3681 any day between the hours of 8:00 a.m. and 6:00 p.m. Be sure to have your case number (DR#) or event number ready when you call.
  • Mail your request to the Newport Beach Police Department at 870 Santa Barbara Dr., Newport Beach, CA 92660.

• How do employers in Newport Beach treat per diem employees?

  In Newport Beach, employers engage per diem employees as part of their workforce, providing flexibility for both parties. These employees are recognized as part of the company, not independent contractors. While employers set per diem rates, they are also obligated to cover reasonable work-related expenses. This approach ensures a balance between operational efficiency for the company and the protection of workers' rights, in line with California's labor laws.

• What are employer responsibilities for per diem employees in Newport Beach?

  In Newport Beach, employers must ensure clear communication and provide written agreements for per diem employees outlining expectations and benefits. They are responsible for tracking work hours to determine full-time equivalency, offering healthcare coverage when necessary, and assessing eligibility for paid time off. Additionally, employers must provide feedback and comply with unemployment and final pay laws, creating a fair and transparent work environment.

• What is the employment regulation framework in Newport Beach?

  In alignment with the rest of California, Newport Beach adheres to the at-will employment framework. This system permits employers or employees to conclude the employment relationship at any time, provided the reasons aren't illegal. While this allows for flexibility, it's important to note that terminations due to retaliation, discrimination, health conditions, or whistleblowing are considered unlawful under this framework.

• What information is required on an itemized wage statement for employees in Newport Beach?

  Under California Labor Code § 226, employers in Newport Beach must provide detailed pay stubs. These statements must encompass gross pay, total hours worked, applicable piece-rate data, all wage deductions, pay period dates, and the employee's identifying details. Furthermore, they must include the employer's full name and address, as well as all relevant hourly pay rates.

• How does AB 701, also known as the "Amazon Bill," affect warehouse distribution centers in Newport Beach?

  The "Amazon Bill," also known as AB 701, mandates that Newport Beach's large distribution centers — employing a minimum of 100 individuals at a single site or over 1,000 spread across multiple sites — provide written quota policies for hourly employees. These should detail task expectations, potential repercussions for underperformance, and assurances that quota demands won't hinder breaks, bathroom usage, or adherence to OSHA safety standards. New or existing employees should receive this documentation within a month of the law's enforcement or their hiring.

• 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.