Employment Attorney in Santa Clara

Santa Clara, California – Employment Attorneys

Stephen Danz and Associates, as well as our affiliates, are Santa Clara, California labor and employment attorneys who handle cases on behalf of local employees that have experienced violations in the workplace such as discrimination, wrongful termination, sexual harassment, unequal pay, and retaliation.   When their employment rights were violated, thousands of clients have selected our law firm to represent them in pursuit of justice.  Our experienced and dedicated attorneys understand the client needs to protect his or her rights and income as well as the ability to continue to work.  When you trust us with your case, we represent you and your interests with confidence and transparency.  Our reputation speaks for itself as we tirelessly work to represent your employment interests so that your professional and financial future is protected.

Our attorneys are familiar with, and some even used to work for, government agencies enlisted with enforcing state and federal labor laws.  We are current on the caselaw and rules surrounding labor in the workplace, and glad to help clients daily.  See below for more information on recent questions and items brought up by clients.  If you have any questions, please submit them via our online intake form or call us.  We will then have an attorney answer those in a complimentary and confidential call to ensure you are taken care of.

Who Enforces California’s Fair Employment and Housing Act (FEHA)?

The California Department of Fair Employment and Housing (DFEH) administers and enforces the California Fair Employment and Housing Act (“FEHA”). It has the power to adopt, amend, and rescind rules and regulations that interpret and implement the FEHA. It also has the power to receive, investigate, mediate, and prosecute complaints under the FEHA. Cal. Gov. Code § 12930.

If the DFEH does not bring a civil action within 150 days after an aggrieved employee has filed a complaint or if the DFEH determines earlier that it will not bring an action under the FEHA, the employee has a right to file a civil action under the FEHA. Cal. Gov. Code § 12965(b).  This is a form of a private right of action.

Who Enforces California’s Equal Pay Act?

The California Equal Pay Act is administered and enforced by the California Division of Labor Standards Enforcement. Cal. Lab. Code § 1197.5(c); Cal. Lab. Code § 1197.5(d).

An aggrieved employee may file a civil action to recover wages under the California Equal Pay Act. Cal. Lab. Code § 1197.5(g); Cal. Lab. Code § 1197.5(h). An employee may file a civil claim for retaliation under Cal. Lab. Code § 1197.5(j)(2). Cal. Lab. Code § 1197.5(k)(2).  This is this law’s form of a private right of action.

What First Must be Done (Exhaustion Requirement) Before Filing a Lawsuit For Employment Violations?

An aggrieved employee must first file a complaint with the DFEH and must receive a right-to-sue notice from the DFEH before he or she can pursue a civil action under the FEHA. (Cal. Gov. Code § 12965(b); Wills v. Superior Court, 195 Cal. App. 4th 143 (Cal. App. 4th Dist. 2011).)

Does California Provide Pregnancy-Related Protections?

Yes. California provides pregnancy-related protections pursuant to the California Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12900 et seq.

What Agency Protects Employees from Pregnancy Discrimination and Disabilities?

The California Fair Employment and Housing Act (“FEHA”) protects individuals from discrimination on the basis of pregnancy, childbirth, or related medical conditions. Cal. Gov. Code § 12940; Cal. Gov. Code § 12945.

We devote our practice to fighting for workers’ rights.  Employment law in California is a specialized area and cases are hard-fought.  Therefore, having one of the highest rated employee-side law firms on your side is critical.  If you are in Santa Clara, California and searching for attorneys that are both experienced and aggressive, look no further and contact our office.  When encountering discrimination, wrongful termination, or retaliation in the workplace, many California employees have turned to our offices for guidance.  In turn, we represent employees throughout California in their fight against employers that have taken advantage of their upper hand.  Our attorneys cover cities in Northern California and Southern California as the State’s courts are as specialized and diverse as the State’s landscape.