Professional Employment Law Attorney in Ventura, California
The Leichter Law Firm, APC founder and Ventura employment law attorney, Aryeh Leichter, is dedicated to representing any of the city’s nearly 110,000 residents when their workplace rights have been violated in California.
Ventura is a popular tourist destination, which has led a sizable portion of the city’s economic activity stemming from businesses related to tourism and hospitality.
Whether you are working for a family-owned restaurant or an outdoor clothing and retail conglomerate, discrimination, sexual harassment, and employee misclassification should never interfere with your ability to do your job.
If your employment has been impacted by unlawful workplace behavior, contact the skilled employment law attorney in Ventura County at the Leichter Law Firm, APC today to learn more about your legal rights and how you can hold your employer accountable for your complete damages during a free consultation.
Leichter Law Firm, APC Ventura Employment Law Attorney Practice Areas
The Leichter Law Firm, APC employment lawyer in Ventura is dedicated to pursuing positive results for each of his clients, starting with a personalized approach to providing legal representation.
Mr. Leichter manages each client’s unique case himself to ensure they receive customized legal strategies that fit their overall needs.
The Leichter Law Firm, APC Ventura employment law attorney represents clients in the following practice areas:
- Age Discrimination
- Breach of Employment Contracts
- Disability, FMLA, CFRA
- Independent Contractor Claims
- Overtime Misclassification
- Pregnancy Discrimination
- Residential Apartment Manager
- Review of Severance Agreement
- Sexual Harassment
If you have been subjected to unlawful workplace behavior, contact the experienced employment law attorney in Ventura at the Leichter Law Firm, APC today for a free consultation to learn how he can help you hold your employer accountable for your complete damages.
How Does the California Family Rights Act and Family and Medical Leave Act Provide Protection for Employees?
Both the federal Family and Medical Leave Act (FMLA) and state California Family Rights Act (CFRA) provide workers with protection for unpaid medical leave for various circumstances and emergencies.
FMLA protects employees working for eligible companies to take up to 12 workweeks of unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave each year.
FMLA only applies to employees who work for:
- Private-sector employers with 50 or more employees
- Public agencies, regardless of the number of employees
- An elementary or secondary school
For an employee to be eligible for these protections, they must:
- Have worked for the company for at least one year
- Have worked at least 1,250 hours the previous year with the company
- Have worked at a location within a 75-mile radius of the location
The medical leave protections are for employees:
- To recover from a serious health condition that requires added treatment or inpatient care
- For the birth of bonding of a child or adoption of a child by the worker
- For the serious health condition of a spouse, parent, or child
Employees may be eligible for twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a severe injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.
Under FMLA, employers may not retaliate against employees who request leave under the federal provisions outlined in the Act.
The California Family Rights Act or CFRA, supplies added protections that may not cover certain aspects of or protections that do not exist under FMLA.
CFRA supplies protections for:
- Registered Domestic Partners
Registered domestic partners are not protected under the FMLA. Under CFRA, California domestic partners are protected just as spouses would be.
- Pregnancy
Under FMLA, pregnancy is covered as a serious health condition.
The California Fair Employment and Housing Act (FEHA) prohibits discrimination because of pregnancy or childbirth.
However, unlike the federal laws, the Act applies to all employers who have five or more employees.
FEHA also requires employers to provide pregnant women with reasonable accommodations when they have medical restrictions, even when they do not offer the same accommodations to other disabled employees.
The California Family Rights Act (CFRA) applies to employers with five or more workers and provides up to four months of unpaid leave to employees who cannot work because of pregnancy.
However, beginning January 1, 2021, California expanded its CFRA laws entitling pregnant employees to Pregnancy Disability Leave (PDL) of up to 16 weeks when they are employed by a company with five or more employees.
Under PDA, an employer cannot:
- Deny a pregnant employee equal pay, fringe benefits, or opportunities for job assignments, promotions, and training
- Require a woman to remain on leave until her baby is born
- Identify pregnancy-related conditions for medical clearance procedures that are not required of other employees
- Prohibit an employee from returning to work for a set amount of time after having a baby
- Refuse to grant a pregnant employee temporary disability leave if other employees are given the same right
- Refuse to hold a job for a pregnancy-related absence for the same length of time that jobs are held for employees on disability or sick leave
Employers must also give pregnant employees the same workplace accommodations provided to temporarily disabled employees, or to those who are on leave for health conditions.
When California employees’ CFRA or FMLA rights are violated, the Leichter Law Firm’s Ventura employment law attorney will seek justice by holding their employers liable for their complete damages.
Contact the Leichter Law Firm, APC Employment Law Attorney in Ventura, California
Aryeh Leichter, the Leichter Law Firm, APC founder, and Ventura employment law attorney, can help you pursue your employer for their unlawful behavior, starting with a free consultation by calling 818-915-6624 or contacting the firm online today