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Claremont Employment Law

Eldessouky Law: Dedicated Wrongful Termination Attorney in Claremont, CA

Home to over 35,000 residents,Claremont, CA is well-known for its tree-lined avenues and stunning horticulture. A city defined by its close ties to the academically acclaimed Claremont Colleges, this community has a rich educational and cultural heritage.

Claremont, CA has a diverse labor force, with a large percentage of well-educated and skilled individuals who work hard to enjoy the idyllic and family-friendly lifestyle that our city affords. When their rights are violated at work, our Claremont employment law attorney, Mohamed Eldessouky, provides committed legal representation that brings results.

No matter where you work, you are entitled to be free from unlawful and discriminatory actions at work. If your employer is behaving unlawfully, Eldessouky Law will fight for your rights, all of which are guaranteed under California’s 29 employment codes.

Largest Employers in Claremont, CA

The employment landscape in Claremont is systematically tied to the Claremont Colleges and, along with the impressive horticulture in our city, is the first thing people think of when our city is mentioned. This is why Claremont is often referred to as the city of “trees and PHD’s”.

As the largest employer, this conclusion is not unfounded. Despite this, there are several other exceptional employment opportunities available in this community that let our residents enjoy the quality life our city affords. At Eldessouky Law, our Claremont, CA wrongful termination attorney represents clients who work for companies of all sizes, no matter their position at the company.

Some of the largest employers in Claremont, CA, include:

  • Claremont Colleges: 3,000
  • Claremont Unified School District: 750
  • HiRel Connectors: 300
  • City of Claremont: 259
  • Claremont Auto Center: 240
  • Claremont Manor: 230
  • Technip: 205
  • Pilgrim Place: 180
  • Indian Hill Nursing: 124
  • The Webb Schools: 119

It does not matter how big an employer is or how formidable their legal team, if your employee rights are violated, you are entitled to redress. If you believe you are suffering from injustice at work, Eldessouky Law can fight for you.

Eldessouky Law Employment Law Practice Areas in Claremont, CA

We have a long and strong history of assisting our Claremont, CA clients understand and enforce their employee rights. For over a decade, we have provided legal representation against employers of all sizes, helping our clients recover financial compensation for the wrongs they have suffered.

Our employment law practice areas include:

  • Hostile work environment claims
  • Discrimination claims, including discrimination based on race, age, national origin, sex, disability or sexual orientation
  • Sexual harassment
  • Wage and hour claims, including overtime payment issues
  • Severance agreement protections and enforcement
  • Retaliation and wrongful termination

No matter what you’re facing at work, we can help you understand your rights and options for remedies. Schedule a free consultation with us today.

Dealing with Wage Theft at Work

Although it may sound strange that your employer might steal from you, wage theft is unfortunately quite common. In 2019 alone, the US Department of Labor’s Wage and Hour Division (WHD) recovered $322 million in wages, benefits and back pay owed to workers. Sadly, wage theft is a challenge facing employees of all categories, regardless of the size of your employer.

Every employee in the State of California has a right to fair compensation for work done. In addition to the standard wages you are entitled to be paid for an 8-hour day or 40-hour week, California overtime law requires non-exempt employees to be paid time-and-a-half for any overtime hours worked.

While many employers respect the rights of their workers and abide by the requirements of the law, some sadly choose to cheat their employees. Not paying overtime is just one of the many types of wage and hour violations though. Others include:

  • Failure to pay minimum wages
  • Failure to pay wages
  • Making employees work off the clock
  • Failure to allow proper meal or rest breaks
  • Misclassification of non-exempt and contract employees

As the recovery figures from the WHD show, these violations can add up to significant loss over time. Our Claremont, CA labor attorney at Eldessouky Law Firm understands the California and federal overtime and wage laws. If you believe your employer is violating your rights to fair compensation, we want to hear your story today.

How can you tell if you are being made to suffer wage theft? Watch out for actions such as:

  • Failing to account for time spent in transit on company business
  • Short-paying for drive or travel time
  • Paying less than the legal minimum for overtime work
  • Failing to account for time spent complying with workplace security and checkpoint regulations
  • Failing to take lunch hour and break periods into account in computing pay
  • Failing to account for time spent waiting for work

Wage theft is never okay. No matter how much is being scraped off your pay, you deserve to be paid fairly, and according to legal minimums, for all hours worked. Our Claremont, CA employment attorney can help you file a claim and guide you through the legal process.

Have You Been Misclassified?

Independent Contractor vs. Exempt vs. Non-Exempt

Another form of wage theft is when an employer illegally does not pay for overtime or denies you with meal and rest breaks.

Under California and federal labor laws, employees enjoy basic rights such as the right to overtime pay, rest and meal breaks, and minimum wage. However, these rights are not available to certain employees who are classified as “exempt”. One simple way to think about if you’re exempt – you’re not automatically afforded these benefits

There are generally two tests for an employee to be exempted, the “minimum salary test” and a “duties test”

Salary Requirements: you must be paid a salary that is “guaranteed and in a predetermined amount. These amounts are the following:

In California if there are 26 or more employees at a company, a worker will need to earn at least $54,080.00 to be considered an exempt employee. If there are fewer than 26 employees, the salary must be at least $49,920.00

In 2020 California adopted new laws affecting computer professionals and physicians. In California computer professionals must earn at least $96,968.33 annually ($8,080.71 monthly) or $46.55 for every hour worked for them to be considered exempt and not paid overtime. For licensed physicians the new hourly requirement is $84.79.

Duties Test: To be considered an “exempt” employee though, you must occupy a position or carry out work duties that are consistent with that classification.

The duties you carry out at work must be either administrative, professional or executive. California specifies the following as falling within these exemptions:

  • Executive/managerial exemption:
  • Administrative exemption
  • Professionals exemption
  • Commissioned inside sales exemption
  • Outside salesperson exemption
  • Computer professional exemption

Why does it matter if I am exempt or nonexempt?

The tests to determine whether the exemptions apply can be complicated. But the difference can determine your eligibility for important rights and benefits in the workplace, such as minimum wage, meal and rest breaks. Keeping in mind the tests above, just because you’re given a salary will not necessarily mean you’re not owed overtime.

Take Action to Get the Compensation You Deserve: Contact Eldessouky Law For a Free Consultation Today

If you have been wrongly classified as being exempt, when in actual fact you’re not, your employer may be unlawfully depriving you of basic compensation rights. Contact our accomplished employment law attorney in Claremont, CA today at (714) 409-8991 for a free and confidential consultation.

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