San Bernardino

San Bernardino is the county seat of the Inland Empire county that bears the same name. Covering 59.6 square miles, it is the state’s 18th largest city. Its economy is dominated by retail and service industries, with government representing the fastest growing form of employment. Education represents another important sector. Major employers in the city include Stater Bros., the City, the school district, Kohl’s, and California Department of Transportation. As in other California cities, San Bernardino employers must abide by a wide range of intricate laws. Whether intentionally, or through inadvertence and failure to consult a knowledgeable lawyer, employers don’t always follow the rules, and employees may bear the costs of that. If your employer violated your legal rights, whether those rights involve wage and hour, discrimination, harassment, retaliation, or whistleblowing, you may be able to recover damages. It is vital to consult the seasoned San Bernardino employment law attorneys of the Calderone Law Firm if you believe you have a claim.

Disputes our attorneys handle may involve minimum wage, overtime, rest and meal breaks, race discrimination, gender discrimination, disability discrimination, or retaliation for whistleblowing, among other matters. Both federal and state laws may impact resolution of these claims.

Wage and hour rules are covered by the California Labor Code. Generally, your San Bernardino employer is covered if it employs you; you won’t be covered by the wage and hour rules if you are an independent contractor or if you are considered an exempt employee. However, some companies misclassify workers as independent contractors or exempt employees specifically to avoid paying for workers’ compensation insurance and to avoid paying minimum wage and other requirements imposed on employers.

Many wage and hour claims involve an employer’s failure to pay overtime to a nonexempt employee who worked beyond a normal work week. It’s important to be aware that if you performed tasks for your employer for more than 8 hours in a workday, any extra hours should be compensation with 1 ½ times your normal rate. If you performed tasks for more than 40 hours in a work week, your employer should pay you time and a half, but if you work for more than 12 hours in one workday, the company should pay you double time for any hours beyond the 12. Those who are not paid according to the Labor Code may be able to sue for damages.

You deserve to work at a job where you’re judged by your job performance, and at which you’re not subject to negative treatment or adverse employment decisions based on aspects of identity such as your race, sex, or religion. If you were discriminated against or harassed, you may have grounds to sue under Title VII of the Civil Rights Act of 1964 or the California Fair Employment and Housing Act (FEHA). Title VII and several other federal antidiscrimination laws only apply to midsize or large employers—those with more than 15 employees. Meanwhile FEHA applies to those employers that have at least five employees, and those that have just one, in the case of sexual harassment.

Employers can be held automatically responsible for sexual harassment when an employee is in a supervisory role and harasses an employee. Sexual harassment can include any unwelcome conduct, including touching, groping, insulting, joking, or assaulting you based on your sex.

Harassment based on other protected characteristics is also prohibited under FEHA. For instance, you should not be subject to harassing commentary or behavior based on your race, sexual orientation, marital status, disability, medical condition, age over 40, religion, national origin, ancestry, and certain other personal traits.

Typically, when you go up against your employer, the employer has significantly more resources and knowledgeable legal counsel that is well-versed in avoiding liability. Accordingly, you should seek out a trustworthy San Bernardino lawyer to represent you. Call the Calderone Law Firm, founded by Vincent Calderone, who has more than 25 years of experience fighting for workers’ rights. Contact us online or call us at (424) 348-8290.