Ontario

Located in southwestern San Bernardino County in California, Ontario covers an area of 50 square miles and had a population of 163,924. The languages most commonly spoke there are Spanish, Chinese, Vietnamese, Tagalog, Korean, Arabic, Urdu and Portuguese. The city’s median income for families is $44,031—the city’s major employers are UPS, Target, Securitas, Sam’s Club, Safariland, and Ontario International Airport. Many issues can arise around the employment relationship, including questions of compensation, discrimination, and whistleblowing. It’s important to secure legal representation when these issues come up. We are seasoned Ontario employment lawyers who handle a wide range of employment litigation including claims concerning wage and hour, employment discrimination, and whistleblowing. The principal of Calderone Law Firm, Vincent Calderone, can put decades of experience seeking justice for workers who have been harmed by their employers.

Wage and hour lawsuits involve questions of employment compensation. There are federal and state laws that govern various aspects of workers’ rights to pay. In general, wage and hour lawsuits are brought by those who qualify as nonexempt employees under the law, as opposed to gig workers or exempt employees. Nonexempt employees do not have significant control over how or where they perform work for their employer, and typically they are paid on an hourly rather than salaried basis. For example, if you work for a fast food chain or serve food at a restaurant, you are likely a nonexempt employee. The law protects these workers with regard to overtime, meal and rest breaks, uniforms, and more.

Individual wage and hour lawsuits may involve small sums of money. However, when many employees in the same workplace are not being paid minimum wage or overtime or are not receiving their proper meal and rest breaks, it is wise to consider bringing a class action. The process of obtaining class certification can be challenging and it’s important to talk to an experienced plaintiff’s class action attorney if you think you and your coworkers have similar claims against your employer.

Both federal and state laws prohibit discrimination, harassment, and retaliation in the workplace. The California Fair Employment and Housing Act (FEHA) allows workers in companies that employ at least 5 employees to file a charge and lawsuit against an employer that takes adverse action against the employee due to his or her protected characteristics. Adverse actions can include failure to hire, firing, failure to provide equal opportunities for mentorship or training, disparate pay and failure to promote. For instance, you may be able to bring an age discrimination lawsuit against your employer if the company terminated you in layoffs that targeted only senior employees. Or, for another example, you might have a disability discrimination claim if you were not promoted because you requested an accommodation for a disability.

Whistleblowers report their employers for wrongdoing or legal violations. A number of different laws provide protection for whistleblowers. The California False Claims Act, for instance, allows the Attorney General to sue for treble damages and civil penalties against someone who knowingly makes a false statement to get money or property from the government

Understandably, many employees are reluctant to blow the whistle on their employer’s misconduct. However, it is illegal for an employer to retaliate against an employee for refusing to take illegal actions, whistleblowing, or enact rules that would stop an employee from becoming a whistleblower.

It can be a struggle to go up against your employer. In many cases, employers have significantly more power than any one of their workers and they also have more resources at their disposal to fight any claim. When retaining an attorney, it’s important to look at whether the firm can put you on equal footing with your employer’s counsel. Call the trustworthy Ontario workplace lawyers of Calderone Law Firm to determine whether you have a claim. With years of litigation experience, we are armed with the ability to seek the best possible outcome in your case against an employer. Complete our online form or call us at (424) 348-8290 for a free initial consultation.