Davis*Gavsie & Hakim, LLPDavis*Gavsie & Hakim, LLP2026-06-04T10:10:23Zhttps://www.laemploymentlawyer.com/feed/atom/WordPressOn Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Must employers accommodate religious scheduling restrictions?]]>https://www.laemploymentlawyer.com/?p=483552026-06-04T10:10:23Z2026-06-04T10:10:23ZDo requests create business hardship?
Generally speaking, employers across the United States have to respect the right of religious freedom extended to everyone in the country. Provided that employees provide appropriate advanced notice of any scheduling restrictions or leave needs related to religious practices, employers should make reasonable attempts to accommodate them.
The frequency with which workers require special consideration and even the number of employees at the company can influence whether scheduling restrictions create an undue hardship. Provided that the company is able to operate without sustaining major losses or facing increased liability due to scheduling restrictions, employers should allow workers to take time off to attend services or honor holy days.
When employers do not reasonably accommodate workers who need time away from work to attend services or honor their faith, refuse accommodations or punish workers for requesting them, that could constitute religious discrimination. Workers can take legal action to challenge negative employment decisions or request compensation for the economic impact the discrimination may have had.
Employees with documentation of inappropriate religious discrimination may have grounds to take legal action. Reviewing scheduling requests and employer responses with a skilled legal team can help professionals determine if they experienced unlawful religious discrimination at work.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Is it possible to fire an employee in a protected class?]]>https://www.laemploymentlawyer.com/?p=483542026-05-23T07:55:57Z2026-05-23T07:55:57ZYes, an employee who is in a protected class can often still be terminated from their position, but doing so can be a bit more complex for the employer.
As an employer, you know that employees have certain protections against wrongful termination. For instance, Title VII of the Civil Rights Act of 1964 establishes a number of protected classes. These include national origin, sex, religion, color and race.What this means is that you cannot terminate an employee specifically because of their inclusion in one of these classes. If an employee converted to a new religion and you decided to fire them in response, for example, it would be a clear violation of their rights.But you can still fire them for other reasons, such as performance issues on the job, even if they are in a protected class. You just cannot use that protected characteristic as the reason for the termination, as doing so would be discriminatory.
Documenting everything
If you do need to fire an employee in a protected class, it can be very important to gather documentation. This can support your decision and show your reasoning. Examples could include warnings the employee was given or write-ups they received. If you have a clear paper trail showing that there was a valid reason to terminate the employment and that it had nothing to do with personal characteristics, you reduce the chances of a wrongful termination lawsuit.That being said, these types of conflicts between employers and employees are common, and those involved must know what legal options they have to address them.
]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Is your employer guilty of wage theft?]]>https://www.laemploymentlawyer.com/?p=483532026-05-15T08:27:56Z2026-05-15T08:27:56ZYou go to work every day with the expectation that your employer will pay you for the hours you give to the company. Unfortunately, wage theft is more common than you realize.
You may not realize that your employer is violating wage and hour laws, costing you significant income over time. Understanding what wage theft looks like can help you recognize when your rights may be violated.
What is wage theft?
Wage theft occurs when an employer fails to pay an employee the wages they are legally owed. In some cases, the problem is obvious, such as failing to pay for hours worked. In others, the violations are less noticeable, though they remain unlawful. However, even small discrepancies in pay can add up quickly over weeks, months or years.California has strong employee protections in place. Nonexempt employees are usually entitled toovertime pay of 1.5 times their normal rate if they work more than eight hours in a day or more than forty hours in a week. If they work more than twelve hours a day, they are entitled to double time.State law also requires employers to provide employees with meal and rest breaks. When workers are pressured to skip breaks or continue working during unpaid meal periods, employers may be violating labor laws.Another common example of wage theft involves off-the-clock work. Employers can't require their employees to perform job duties without compensation, even if the tasks only take a few minutes. Setting up equipment before a shift or cleaning up after clocking out may qualify as compensable work time.Some employers attempt to avoid paying overtime or providing other paid benefits by labeling workers as independent contractors instead of employees. However, there are strict legal standards to determine whether a worker is truly an independent contractor.If you believe you are avictim of wage theft, you may have legal options. Speaking with a legal representative can help you understand your rights. They can review your situation, determine if wage theft occurred and help you pursue the compensation your employer owes you.
]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Does holiday pay or sick leave count toward overtime?]]>https://www.laemploymentlawyer.com/?p=483522026-04-28T15:08:12Z2026-04-28T15:08:11ZGenerally speaking, sick leave and holiday pay do not count toward overtime pay. This means that a person could technically be paid for more than 40 hours in a week without qualifying for overtime.For example, say that a person was sick on Monday and took paid time off. They then returned to work on Tuesday and worked eight hours every day through Saturday. They would be paid for a total of 48 hours, which would typically trigger overtime at a time-and-a-half rate. But because the eight hours on Monday were sick leave, they would not count toward overtime, and the entire amount would be paid at the standard rate.
Why does this happen?
Broadly speaking, the law is set up this way because no work was actually performed during that time. This does not prevent a person from using sick leave, just as many employees are entitled to holiday pay if a holiday falls during the workweek. But since they did not actually work those hours, they do not count toward overtime calculations. From an overtime perspective, the employee has only worked 40 hours during the pay period.
Resolving wage and hour disputes
As an employer, it is important to understand when overtime pay does and does not apply. In California, double-time pay may also be required in certain situations, such as when a worker logs more than 12 hours in a single day.The above illustrates how the rules can become complex, and misunderstandings about how the law applies can lead to disputes between employers and employees. At these times, it is important for all involved to fully understand their legal options.
]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[What counts as autism discrimination in the workplace]]>https://www.laemploymentlawyer.com/?p=483512026-04-11T17:09:25Z2026-04-11T17:09:25ZSocial interactions don’t come with clear labels, and for neurodivergent individuals in the workplace, this uncertainty can be even more noticeable. Sometimes, what feels “off” is hard to explain, especially when it involves how someone is treated differently over time.
For employees with autism, these experiences can range from obvious exclusion to subtle patterns that are easy for others to overlook. Both can have a meaningful impact on job stability, growth and overall well-being.
The many ways discrimination can show up at work
Some forms of discrimination are easy to spot. For example, an employer refusing to hire a qualified candidate after learning about an autism diagnosis, or disciplining an employee for behaviors directly related to their condition without considering reasonable accommodations, can raise immediate concerns. These situations often involve clear, direct actions that treat someone less favorably because of a disability.More often, however, discrimination shows up in quieter ways. An employee might be passed over for promotions because they are seen as “not a good fit,” excluded from meetings where decisions are made or criticized for communication styles that differ from neurotypical expectations. Even inconsistent enforcement of workplace policies, where one employee is penalized more harshly than others for the same conduct, can signal a deeper issue.These experiences are not uncommon. Many neurodivergent workers report ongoing stigma at work, even as awareness has grown in recent years. Surveys suggest a significant majority feel pressure to hide or “mask” their behaviors to avoid negative attention, while others hesitate to disclose their condition out of concern that it may affect how their abilities are viewed. This kind of pressure can make it even harder to recognize when treatment crosses the line into discrimination.Understanding the difference between subtle and obvious discrimination is important, but so is how you respond. It can be tempting to address concerns right away. However, taking a step back and getting informed guidance first can help you better assess the situation, protect your rights and avoid actions that could unintentionally affect your position.If something at work doesn’t feel right, you don’t have to sort it out alone. Having a conversation with a knowledgeable legal professional can provide clarity and help you decide on the best path forward before tensions escalate.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Are wrongful termination claims impossible with at-will employment?]]>https://www.laemploymentlawyer.com/?p=483502026-03-24T18:01:11Z2026-03-24T18:01:11ZMany modern employees in the United States are at-will employees. This essentially means that they are not operating under any employment contracts or agreements that they have signed. They have simply agreed to take a job for as long as they are willing, but they have the right to quit at any time.
Many wrongful termination claims revolve around employment contract breaches. Employees who are fired in violation of their contractual terms may decide to sue their employer.But for employers who have at-will employees, does this mean that wrongful termination claims are impossible? After all, an at-will employee doesn’t have to be fired for cause and could see their job terminated at any time.
Illegal reasons for job termination
No, it does not. Wrongful termination can still occur, even under at-will employment laws, and it is crucial for both employers and employees to understand how this works.The key point to keep in mind is that an employer can fire an at-will employee at any time and for any reason, except for an illegal reason.For example, discrimination based on gender, race, religion, and other protected classes is illegal in the United States. If an employer terminates someone’s position for a discriminatory reason, it can still be considered a wrongful termination. This is true even if the individual was an at-will employee and never had a contract. Their rights have still been violated due to the illegal reason for the termination.
Navigating a dispute
Issues like this can sometimes lead to disputes between employers and employees, and both sides need to understand their legal options and the steps they can take to seek a resolution.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Are you facing national origin discrimination in the workplace?]]>https://www.laemploymentlawyer.com/?p=483492026-03-09T13:44:46Z2026-03-09T13:44:46ZNational origin is one of the protected categories in the workplace. Both the U.S. Equal Employment Opportunity Commission (EEOC) and the Civil Rights Department (CRD) prohibit discrimination against an employee based on their actual or perceived national origin, ancestry, culture or accent. So, how can you tell you are experiencing this type of discrimination?
Are you being treated unfavorably?
It’s unlawful for an employer to treat a job applicant or an employee unfavorably because they are from a particular country/part of the world, appear to be of a certain ethnicity or are married to/associated with someone of a particular national origin. For example, when you are paid less, passed over for promotions, assigned undesirable duties, dismissed or severely disciplined compared to colleagues for a similar infraction.One way you might spot that the different treatment is based on your background is by assessing those who are being treated more favorably. If they are all from a particular national origin, it might mean you are being discriminated against.Another way is through examining the policies being implemented by your employer. Your employer requiring employees to only speak English when such a rule is not necessary for business can be discriminatory. This can also be the case if they take an adverse employment action based on your accent and can’t show how it interferes materially with your ability to perform your job.Moreover, frequent or severe offensive remarks about one’s national origin can be a sign of discrimination, as it creates a hostile work environment. You should be concerned if a colleague or supervisor makes an offensive joke/comment about your accent or culture.National origin discrimination can happen at any stage of employment, from hiring to termination. If you have experienced it, you should learn more about what you can do to protect your career.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Pregnancy discrimination does not always mean job loss]]>https://www.laemploymentlawyer.com/?p=483482026-02-23T15:16:00Z2026-02-23T15:16:00ZEmployees are sometimes worried about disclosing a pregnancy to their employers. They are excited to start a family, but they fear that it is going to cost them their job. Maybe they think their employer will not want to provide maternity leave or will want to replace them with an employee who does not have family obligations.
Termination could certainly be a form of pregnancy discrimination and a violation of the employee’s rights. But it is also important to note that discrimination does not always mean job loss. There are other ways an employee could face pregnancy discrimination while retaining their position.
Changes to their role
First and foremost, the employee could see their wages cut. They could be given a diminished role within the company. If they are up for promotions, they could be passed over. They still get to keep working, but it may be clear that the pregnancy has significantly altered their career trajectory.
A hostile work environment
In other cases, an employer may try to create a hostile work environment by harassing or intimidating that employee. They may be attempting to pressure the pregnant employee to quit, thinking that this will help them avoid discrimination allegations if they fire that employee.
Being treated differently
In general, an employee who is pregnant should not be treated differently than other employees. They should be given the same benefits and allowed to work on projects if they are physically capable of doing so. They should not face discrimination regarding medical appointments. Equal and fair treatment is necessary.
Your legal options
Do you believe you have been experiencing pregnancy discrimination at work? If so, take the time to carefully look into your legal options.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Can workers file wage lawsuits over unpaid bonuses?]]>https://www.laemploymentlawyer.com/?p=483472026-02-13T12:49:41Z2026-02-13T12:49:41ZWhen do workers have the right to a bonus?
Federal and California state employment statutes group bonuses into two primary categories. Some companies provide discretionary bonuses. They may share good fortune with key workers after a particularly profitable quarter or year. Such bonuses are a perk of employment but are not considered part of the worker’s base wages.
Non-discretionary bonuses are different. Some employment contracts include performance metrics, sales quotas or other criteria for qualifying for bonuses. In such cases, the worker has a right to receive the bonus so long as they meet the standards outlined in the contract.
Other times, worker bonuses may be part of a program to incentivize better job performance. If the company held a meeting, sent out a memo or emailed certain employees about a new bonus program to motivate better job performance, then the promised bonus could be non-discretionary, meaning that the worker has a right to receive it if they fulfill the mandatory criteria.
In cases where workers have not received their non-discretionary bonuses as promised, pursuing a wage and hour lawsuit might be an option. Reviewing contracts and handbook information about bonuses with a skilled legal team may be the first step toward securing the full pay promised to workers.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Settlement vs. trial in California wrongful termination cases]]>https://www.laemploymentlawyer.com/?p=483462026-02-05T01:44:29Z2026-02-05T01:44:29Zthrough negotiation or mediation. The main advantage of out-of-court settlements is certainty. You know exactly how much you will receive and when your case will end, unlike when you go to court.
That said, settlement amounts may be lower than what you might win at trial. You also typically agree not pursue further legal action related to your termination.
What happens if your case goes to trial?
At trial, a judge or jury will decide whether your employer broke the law and how much compensation you should receive. A lawsuit can lead to a higher settlement, especially if there is strong evidence of discrimination, retaliation or other serious misconduct.
The downside of a trial is that there’s no guaranteed outcome. Even strong cases can lose. Trials also take longer and can be stressful, as you may need to testify and relive difficult experiences. They also tend to be more costly than settlements.
Key factors to consider
The right path depends on the specific facts of your situation. Remember, every claim is different, and the details can significantly affect whether a settlement or trial makes more sense. Start with the strength of your evidence. Clear documentation, strong witness testimony and a consistent timeline can put you in a strong position.
Next, think about what’s truly at stake. This includes lost wages, future earnings, emotional distress and damage to your professional reputation. In some cases, a trial may offer the potential for a higher award. In others, a reasonable settlement may provide faster financial stability without the uncertainty of a trial.
You should also consider how willing the employer is to negotiate. Some companies are motivated to resolve disputes quietly and efficiently, while others resist settlement. Having experienced legal guidance can help you decide what option is more likely to lead to the best outcome and protect your rights as a victim of wrongful termination.]]>