Employment Law FAQ

What Does Employment Law Cover? ▼

Employment laws are in place to protect workers from unfair and unjust discrimination and treatment. Employment laws protect workers throughout the entire employment process from their interview until the worker leaves their job, whether it be voluntary or involuntary. Examples of employment law include:

Denial of overtime
Denial or reduction of rest or meal breaks
Sexual harassment
Equal pay mistreatment
Discrimination based on a disability
Discrimination based on your gender, sexual orientation, or sexual identity
Discrimination based on pregnancy
Discrimination based on race or national origin
Wage or hour mistreatment
Any other form of discrimination
Retaliation

What Do I Do If I Think I Am a Victim of an Employment Law Violation? ▼

If you think that you may be a victim of an employment law violation, you should contact the law firm of Robert David Baker Inc. in San Jose. We can help determine if you have a case and provide you with proper representation. At Robert David Baker Inc., we believe employers shouldn’t be allowed to discriminate or treat their employees unfairly, and we are willing to fight you and that belief. If you have been mistreated or discriminated against in any way, contact Robert David Baker Inc. for a free case evaluation.

What are Robert David Baker’s Qualifications? ▼

The founder of the Law Offices of Robert David Baker Inc., Robert David Baker, has extensive experience in employment law. He earned his B.S. and M.S. from Iowa State University in mathematics, and graduated from the Santa Clara University School of Law with a J.D.(Juris Doctor) in 1979. He opened his law firm in 1986 and has been helping individuals and families in the San Jose and Bay area ever since.

Robert David Baker has admissions in California State Courts, United States District Courts (Northern, Eastern, and Central districts of California and the District of Hawaii), and the United States Courts of Appeals, ninth district.

Robert David Baker’s professional affiliations or memberships include the State Bar of California, Consumer Attorneys of California (CAOC), American Immigration Lawyers Association (AILA), AILA Silicon Valley Chapter, San Jose Rotary Club, and is a former Judge Pro Temp.

When you hire The Law Office Robert David Baker for your employement law case, whether it be for discrimination, sexual harassment, or whistle-blowing, you will be hiring a caring, compassionte lawyer with the education and experience to fight for you. Robert David Baker Inc. has been operating for over 30 years, helping Californians in the San Jose and Bay area.

What Are Protected Classes in California? ▼

Federal law and California state law make it illegal for employers to discriminate against their employees based upon:

Race
Color
National Origin
Sex
Mental Disability
Physical Disability
Age
Citizenship Status
Genetic Information
Ancestry
Religion
Marital Status
Gender Identity and Gender Expression
AIDS/HIV
Medical Condition
Political Activities or Affiliations
Military or Veteran Status
Status as a Victim of Domestic, Violence, Assault, or Stalking

How Do I Know If I’m a Victim of Racial Discrimination? ▼

If your employer violates any of the federal or California state laws regulating racial discrimination than you may be a victim of racial discrimination. Employers who discriminate racially during the hiring, promoting, and termination process are guilty of racial discrimination. Examples of racial discrimination in the workplace include, but are not limited to:

Giving employees less desirable job assignments based on race.
Sexual harassment based on race.
Allowing racially-charged harassment to take place.
Paying workers less based on their race.
Refusing to promote employees based upon their race.
Refusing to hire applicants because of their race.

If you have experienced racial discrimination in your place of work, contact the law office of Robert David Baker Inc. for a free consultation.

What Is the Difference Between Sex Discrimination and Gender Discrimination? ▼

Sexual discrimination can be based on sex or gender. Both are illegal, but it is still important to understand the difference. Sex discrimination occurs when an individual is treated unfairly based upon their genetic makeup — whether they are male or female, genetically. Gender discrimination occurs when an individual is treated unfairly due to their gender identity — whether they identify as male or female.

Employees experiencing discrimination based on sex or gender are both protected by law but cases can be difficult to prove. Keeping documentation may help your case. You should also contact the law office of Robert David Baker Inc. in San Jose as soon as possible for a free consultation to learn how to proceed in your case.

Do I Legally Get Breaks at Work? ▼

In the state of California, you receive both paid and unpaid breaks depending upon the amount of hours you work in a day. After you have worked a five hour day, you are entitled to a 30-minute, unpaid meal break. If an employee would like to waive their meal break, they must do so in writing if they work less than 12 hours each day.

Employees in California are also entitled to a 10-minute paid break for every four hours that they work. So after four hours, an employee receives one 10-minute break, after eight hours, they are entitled to two.

When an employee works a regular eight hour shift, they receive a 30-minute unpaid meal break and two 10-minute paid breaks.

What Constitutes Wrongful Termination? ▼

Wrongful termination occurs when an employee has been terminated for reasons that violate California state law or federal employment discrimination laws. Examples of wrongful termination in California include termination for any of the following reasons:

Based on gender
Due to sexual orientation
Based on pregnancy
Due to race or national origin
Based on marital status, or lack of
Based on whistle-blowing
Due to retaliation
Based on an employee’s refusal to violate a law

What Is an Exempt Employee? ▼

An exempt employee must make a salary of double the state’s minimum wage for a 40-hour work week. They must also be primarily engaged in executive, administrative, or professional duties, and regularly and customarily exercise discretion and independent judgement on the job.

Exempt employees are not entitled to overtime pay or mandatory rest breaks. The most common exempt employees are executives, professionals, independent contractors, outside salespeople, and administrative employees.

What is the California WARN Act? ▼

The California Worker Adjustment and Retraining Notification Act makes it mandatory for mid- and large-sized businesses that are planning mass layoffs to give a sufficient warning to the affected employees.

Unfortunately, sometimes businesses fail and large amounts of employees get laid off, but the WARN Act allows for affected employees time to adjust and possibly find a new job before they lose their current one. Companies that have had at least 75 employees in the last 12 months are subjected to the WARN Act.

How Can the Law Office of Robert David Baker Inc. in San Jose Help Me with My Employment Law Case?

If you have been the victim of racial discrimination, age discrimination, sexual harassment, wrongful termination, or any other employment law violation, schedule a free consultation at the Law Office of Robert David Baker Inc. to seek justice.

We have over 30 years of experience in representing individuals in the San Jose and Bay area. We can help protect you from employment law violations. If you have been mistreated by an employer, please contact us. We will aggressively defend your rights.

Employment Law FAQ

Should I Hire an Employment Law Attorney? ▼

What is CAOC? ▼

What Does Employment Law Cover? ▼

What Do I Do If I Think I Am a Victim of an Employment Law Violation? ▼

Is There a Statute of Limitation for an Employment Law Claim? ▼

What are Robert David Baker’s Qualifications? ▼

What Are Protected Classes in California? ▼

How Do I Know If I’m a Victim of Racial Discrimination? ▼

What Is the Difference Between Sex Discrimination and Gender Discrimination? ▼

What is Quid Pro Quo Harassment? ▼

What Is Considered a Hostile Work Environment? ▼

Do I Legally Get Breaks at Work? ▼

What Constitutes Wrongful Termination? ▼

Can an Employer Terminate Me Without Notice? ▼

What Do I Do If My Employer Is Withholding Wages? ▼

How Do I Know If I Qualify for Overtime? ▼

What Is a Non-Exempt Employee? ▼

What Is an Exempt Employee? ▼

Can My Employer Legally Reduce My Wage? ▼

What Does Employment “At Will” Mean? ▼

What is the California WARN Act? ▼

How Can the Law Office of Robert David Baker Inc. in San Jose Help Me with My Employment Law Case?

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