| The Employment Law unit can provide immediate legal assistance to workers who have worked, but have not been the paid the legal minimum wage or wages, overtime pay, and vacation pay promised by their employer. | If you need to speak with someone, call the Employment intake line at (213) 640-3954 or contact us. |
We also help workers who have been denied their Unemployment Insurance benefits.
To be eligible for LAFLA services, you must meet certain income requirements. You must also meet certain citizenship and immigration requirements.
You can also get help by coming to a walk-in clinic or calling our intake line. For more information about our clinics and other Employment Law events, please search the LAFLA Calendar.
Wrongful Discharge and Discrimination (Covered by California Government Code and Federal Title VII)
It is illegal for your employer to discriminate against you or harass you based on your:
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If you believe you have been wrongfully discharged or discriminated against, you should first talk with an attorney who specializes in these cases and then call the state agency, the Department of Fair Employment and Housing (DFEH) as soon as possible at (213) 439-6799.
- This state agency covers employers of five or more employees for discrimination complaints and all employers for harassment complaints
- You must file your complaint within one year of the discriminatory act
You can also contact the Equal Employment Opportunity Commission (EEOC) at (800) 669-4000.
- This federal agency generally covers employers of 15 or more employees
- You must file your complaint within 300 days of the discriminatory act
Discrimination (Covered by Labor Code)
It is illegal for your employer to discriminate or retaliate against you because you have:
- Asserted your right to get your wages
- Complained about health or safety conditions
- Filed for workers' compensation
- Served as a witness or a juror in court, or as a witness in an unemployment case
- Visited your child's school
- Disclosed information about your employer to a government or law enforcement agency
- Engaged in other legal activity outside of work (i.e., political activity, literacy classes, etc.)
For more information contact the Division of Labor Standards Enforcement (DLSE).
- You must file your complaint within six months of the date the discrimination occurred
Family and Medical Leave
You may have the right to take up to 12 weeks of unpaid, job-protected leave:
- To care for a newborn or adopted child
- To care for a family member with a serious health condition
- To care for your own health condition
For more information contact:
U.S. Department of Labor, Wage & Hour Division at (818) 240-5274.
Department of Fair Employment and Housing at (213) 439-6799.
Union Activity/Organizing
It is illegal for your employer to discriminate against you because you are:
- Trying to organize a union
- Engaging in activities with other co-workers to try to improve wages or other conditions on the job
For more information contact a local union representative, or to file a complaint, contact the National Labor Relations Board (NLRB) at (310) 235-7352.
- You must file your complaint within 180 days of the date the discrimination occurred
- You can also file a complaint against your union if you feel it is not treating you fairly
Unemployment Insurance Benefits
You may be eligible for unemployment insurance benefits if you have been laid off from your job, and in some cases even if you were fired or quit. You must be a citizen, legal resident, or have permission to work in the United States.
For more information, or to apply for benefits, contact the Employment Development Department at (800) 300-5616.
Disability Benefits
You may be eligible for State Disability Insurance (SDI) benefits if you cannot work due to an injury or illness unrelated to your job that lasts for more than eight days.
For more information or to apply for benefits, contact:
EDD, SDI Division.
Safety and Health in the Workplace
- You have the right to receive training about the dangers in your workplace and how to protect yourself on the job
- If you need special protective equipment, your employer must pay for it
- You can submit a complaint with CalOSHA if you have problems with health or safety in your job, and request an inspection of your workplace
- It is illegal for your employer to fire you for calling CalOSHA
For more information or to file a compliant, contact the Dir, Division of Occupational Safety and Health.
Worker's Compensation
- If you injure yourself on the job or become sick due to the conditions in your workplace, you can receive workers' compensation benefits which cover your medical expenses and pay for time you are unable to work due to your injury or illness
- You can also receive compensation if you become totally or partially disabled due to the injury or illness
- Your employer should have a form for you to complete
For more information or to file a compliant, contact the Dir, Division of Workers' Compensation.
Assistance from Private Attorneys
- You may want to hire a private lawyer to help you with your employment problem
- Some lawyers will charge you an hourly fee, and others will have a "contingency fee" arrangement which means that the lawyer will take about 30 - 40 percent of what is won by the lawsuit
- You can get an initial 30 minute consultation from your local bar association lawyer referral service for $30.00
- There is usually no consultation fee in workers' compensation cases
To find a private attorney, please call the LA County Bar Lawyer Referral Service at (213) 243-1525.
© 2008 Legal Aid Foundation of Los Angeles
