Employee Justice Legal Group PCEmployee Justice Legal Group PC2026-05-22T16:27:12Zhttps://www.ejlglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503816/2023/11/cropped-favicon-32x32.pngOn Behalf of Employee Justice Legal Group PC<![CDATA[What happens during the 90-day workers’ comp review?]]>https://www.ejlglaw.com/?p=476112026-05-19T16:27:51Z2026-05-22T16:27:12Za completed DWC-1 to your employer. Your employer should complete its section, give you a copy and send the document to the claims administrator. Generally, they should mail you a written notice within the time limits set by state regulations stating whether the case is accepted, denied or delayed for investigation.
A delay notice is not a denial. It usually means the administrator needs more time to investigate.
Medical care during the investigation
During the investigation, the administrator may look at several details, including:
Your medical records and treatment notes
How, when and where the injury happened
Statements from your employer, supervisor or coworkers
Whether your condition arose out of and occurred in the course of your employment
You may need a qualified medical evaluation (QME) if a dispute develops over medical issues related to your injury.
State law does not require you to wait for a final decision before receiving care. Within one working day after you file the DWC-1, your employer or the claims administrator must authorize appropriate treatment while the case remains pending. This coverage continues up to $10,000 or until the administrator accepts or denies it.
What happens after the 90-day deadline?
If the administrator does not reject liability within 90 days after you file the DWC-1, California law generally presumes the injury is compensable. This means the claim is treated as covered unless the employer rebuts that presumption with evidence that could not have been found earlier through reasonable diligence.
If the administrator denies your claim during the review period, they may stop authorizing additional treatment. However, you generally do not have to repay the cost of medical care authorized during the investigation.
The 90-day window can feel uncertain, but it follows specific rules. Keep copies of your DWC-1, letters from the administrator and treatment records. Clear documentation can help you understand where things stand while the administrator decides whether to accept, deny or continue investigating.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[When the hostile work environment follows you home]]>https://www.ejlglaw.com/?p=476002026-05-14T14:29:46Z2026-05-19T14:29:12ZFor many Los Angeles employees, the idea of a hostile work environment is still tied to a physical office—comments in a meeting, behavior in a breakroom or conduct on a job site. But the modern workplace does not always stop at the office door, and neither does work-related harassment.
It is, therefore, important for workers to understand that harassment that occurs through text messages, email, video calls, or workplace chat platforms can be just as serious and, under California law, just as actionable.
Online work-related harassment is legally prohibited
A hostile work environment exists when unwelcome conduct based on a protected characteristic—such as race, gender, disability, religion or sexual orientation—is severe or pervasive enough to become either a condition of one’s job or “severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive,” according to the EEOC. That standard does not depend on where the conduct occurs. Remote and digital communication have expanded the ways harassment can occur. Repeated inappropriate messages after hours, offensive comments in group chats, exclusion from virtual meetings or harassment during video calls can all contribute to a hostile environment. Even conduct that takes place outside traditional work hours can be relevant if it is tied to the employment relationship and creates ongoing stress or intimidation.One common misconception is that harassment must happen during official work time or on company property to “count.” In reality, courts and enforcement agencies look at the totality of the circumstances when determining if certain kinds of misconduct are actionable. If a supervisor sends inappropriate messages late at night or a coworker uses a company platform to target someone repeatedly, that impact can follow the employee home and affect their well-being and job performance.A hostile work environment is not limited to a physical location. When workplace conduct crosses into your home through digital channels, you have rights. If you believe that you are experiencing this kind of harassment, speaking with a skilled legal team can help you understand your rights and determine the best way forward. ]]>On Behalf of Employee Justice Legal Group PC<![CDATA[Some workers classified as exempt deserve overtime wages]]>https://www.ejlglaw.com/?p=475732026-05-12T18:35:42Z2026-05-12T18:34:14ZManagers should perform different functions than their teams
Managers oversee scheduling matters and handle other aspects of business management that non-exempt hourly workers typically do not address. They may need to work overtime to complete all of the various responses related to employee scheduling and other aspects of management, and they usually do not receive extra pay for that additional work.
Managers are typically exempt from overtime pay requirements so long as they spend 50% or more of their time performing tasks that differ from the standard job responsibilities imposed on the hourly workers at the company. If a manager spends much of their time cleaning, assisting customers and otherwise performing the same tasks as the hourly workers they oversee, they may not truly be exempt employees.
As such, they may have a legal right to overtime pay for the hours beyond 40 that they work per week. Evaluating job responsibilities and determining if an allegedly exempt manager spends 50% or more of their time performing unique functions or the same tasks as hourly employees can give workers denied overtime pay insight into their legal rights.
Professionals misclassified by their employers may have grounds for a wage and hour lawsuit that can lead to the payment of the overtime wages they should have received while performing the same functions as the hourly workers who do receive overtime pay.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[What should you review before signing a severance agreement?]]>https://www.ejlglaw.com/?p=475742026-05-05T14:20:12Z2026-05-08T14:19:41ZStart with the claims you may release
Many severance agreements offer money or benefits in exchange for a release of claims against the employer. That release may cover bias, harassment, retaliation, wage claims or other disputes tied to your job.
Review whether final wages, unused vacation, commissions or bonuses are separate from severance. Earned pay is not the same as extra severance offered in exchange for signing a release.
Check whether the agreement includes a non-compete clause or language that limits where you can work next. In California, most employment non-compete agreements are void unless a narrow statutory exception applies. Even if the clause appears in the agreement, that does not mean it is enforceable.
Check confidentiality and non-disparagement language
California’s Silenced No More Act, also known as Senate Bill 331, limits how far employers can go with confidentiality and non-disparagement clauses. A severance agreement typically cannot stop you from discussing unlawful workplace acts, including harassment, discrimination or retaliation. If the agreement includes a non-disparagement clause, it should preserve your right to talk about illegal workplace conduct.
Many separation agreements that release job-related claims must state that you may consult an attorney and give you at least five business days to consider the offer.
Review how the payment may affect benefits
In California, true severance pay is usually not treated as wages for unemployment insurance. However, some payments may be treated as wage continuation based on how the employer structures them.
Severance pay is also taxable income, and the IRS treats severance as wages subject to withholding. If the payment is treated as supplemental wages, federal withholding may be calculated differently from a regular paycheck.
A severance agreement can affect far more than your final payment. It can shape what claims you release, what you can discuss, where you can work next and what options remain open after your job ends. Before the signing deadline passes, consider having a legal professional review the exact language so you understand what the agreement asks you to give up.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[3 common myths about sexual harassment in California]]>https://www.ejlglaw.com/?p=475722026-04-24T11:53:31Z2026-04-29T11:52:30ZSexual harassment only involves physical contact
You might believe sexual harassment only occurs through physical contact. However, sexual harassment takes many forms. Verbal comments, inappropriate jokes and patterns of unwanted romantic advances may all be considered harassment.
California law generally requires your harasser’s conduct to be sufficiently severe or pervasive enough to qualify as sexual harassment. An isolated minor incident is usually not enough, but a single severe act – such as groping – may count.
You lose your rights if you do not report harassment immediately
It is a common myth that if you fail to report sexual harassment right away, you lose your ability to take action later. While it is generally advisable to report discrimination as early as possible, you do not have to do it immediately.
California law recognizes that reporting sexual harassment can be difficult and provides reasonable timeframes for filing complaints.
You typically have three years to file with the Civil Rights Department (CRD) from the date of the last incident, and up to 300 days to file with the U.S. Equal Employment Opportunity Commission. If the CRD issues a “Right-to-Sue” notice, you may want to file your lawsuit by the deadline stated on the notice, which is often one year.
Only women can be victims of sexual harassment
Despite the belief that only women can face sexual harassment, it is not limited to one gender. The law protects all employees. You may also face harassment from a person who shares your gender, regardless of your sexual orientation.
You could still have a valid claim if you were harassed by a supervisor, coworker or client. However, your employer is only liable for client harassment if they knew or should have known about the conduct and failed to take immediate, appropriate action to stop it.
Protecting yourself and your workplace
Understanding these facts could help you recognize sexual harassment, making it easier to take appropriate action. Reporting inappropriate conduct may prevent it from happening in the future, potentially making your workplace safer for you and the people you share it with.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[Can you challenge a denied remote work injury claim?]]>https://www.ejlglaw.com/?p=475702026-04-08T11:03:25Z2026-04-13T11:02:38ZWhat to do after a denial of a remote injury claim
In many cases, a denial stems from difficulty linking the injury to a work task, especially in a home setting where personal and job activities can overlap. You can challenge a denied claim by taking formal steps to prove that the injury arose out of your job duties. These actions include:
Clarifying your work activity: Identify and note what task you were performing and where it occurred, such as a designated workspace.
Supporting your medical claim: If the claims administrator disputes the cause of your injury, you may need a Qualified Medical Evaluator (QME) to provide a formal opinion.
Confirming prompt reporting: Make sure records reflect that you reported the incident without delay.
Filing an appeal: You may file the appropriate paperwork with the Workers’ Compensation Appeals Board and request a hearing to dispute the denial of your claim. You can also seek legal advice to prepare your case efficiently.
These steps align with how courts evaluate claims under California law. To qualify for coverage, the state generally requires that an injury occur while you are performing duties related to your job and serving your employer’s interests.
This standard may also apply to a remote work setting, depending on the circumstances of your injury. With this framework in mind, your next step is to understand how these elements come together as your claim progresses.
How these steps can shape your next move
Once you have gathered your records and started the dispute process, the focus shifts to how clearly your evidence connects the injury to your job. This stage often involves comparing your account, medical findings and any employer records to determine how the claim should proceed.
If you are pursuing workers' compensation, each detail can influence the direction of your claim. A consistent timeline, clear medical opinion and accurate reporting can help support your position and guide what steps may follow during the review process.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[How to fight back against wrongful termination in Los Angeles]]>https://www.ejlglaw.com/?p=475642026-05-08T05:28:54Z2026-03-31T06:47:39Zwrongful termination as the final word on your career.
Document every interaction before you leave the building
Your most powerful tool is a clear record of the facts. Consequently, you should secure any emails, text messages, or performance reviews that prove your record was clean. For example, positive feedback from a supervisor can dismantle an employer's claim that they fired you for poor work.
You must act quickly because companies often cut off digital access immediately. Therefore, keep a personal log of dates, names, and specific comments made during your final weeks. This evidence serves as the foundation for a fierce legal challenge.
Identify the legal grounds for your wrongful termination claim
California is an at-will state, but this does not give your boss the right to break the law. Analyze whether your termination stems from these specific illegal actions:
Reporting a safety violation or harassment
Requesting leave for a pregnancy or medical condition
Discriminating against your race, gender or age
Refusing to participate in illegal business activities
If these factors were a substantial motivating factor in your firing, the act is noncompliant with state law. Before you can pursue a lawsuit in court, you must generally exhaust administrative remedies by filing a complaint with the Civil Rights Department. This step is a critical prerequisite for recovering lost wages and emotional distress damages.
Reject pressure to sign a severance agreement immediately
Human resources may push a document in front of you during the termination meeting. They often offer a small payment in exchange for your right to sue. It is important to remember that you have a legal right to review these documents before signing.
Under California law, an employer cannot require you to sign a release of claims for earned wages as a condition of receiving your final paycheck. Furthermore, if you are age 40 or older, federal law provides a 21-day period to consider a severance waiver. Do not let a manager rush you into waiving your rights for less than your case is worth.
Build a timeline of events to prove employer retaliation
A winning case often depends on the timing of the firing. If you were fired shortly after you complained about unpaid wages, the link is clear. Therefore, mapping out a chronological sequence helps demonstrate that the employer’s excuse is a mere pretext.
Partner with a fierce Los Angeles employment law firm
Justice requires taking back the narrative that your employer tried to destroy. You deserve to move forward with the financial security and professional reputation you worked for years to build.
Consider speaking with a reliable legal team. The right legal team aggressive stance often forces employers to offer a much higher settlement to avoid a public loss in court.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[What to do when an employer fails to accommodate your request]]>https://www.ejlglaw.com/?p=475632026-03-28T02:30:31Z2026-03-27T19:29:58ZWhy an employer should accommodate requests
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) grant you the right to request reasonable accommodations. However, these generally apply based on the size of the company. While the ADA applies to employers with 15 or more employees, the FEHA applies to employers with five or more employees.
These laws mandate employers to engage in an interactive process that is timely and in good faith. This means that your supervisor should invite you to a discussion regarding adjustments. During this, both parties must actively participate in finding a fair and reasonable solution.
What failing to accommodate looks like
When you send a request for an accommodation, your employer should act promptly. Delaying their response on purpose and refusing to engage in an interactive process can be signs of failing their legal obligations.
Moreover, your boss can flat-out deny your request by stating that it could cause undue hardship. California law sets a high bar for proving this standard. They must provide proof that your reasonable accommodation would cause significant operational or financial disruption.
Taking control of the narrative
Do not let a denial be the end of the conversation. Document every interaction, and save every email. If the interactive process felt like a dead end, write a follow-up memo summarizing their refusal. You are building a paper trail that proves you attempted to cooperate while they chose obstruction.
Standing up against workplace discrimination alone is a weight you should not have to carry. Seeking legal counsel from an employment attorney can give you the guidance you need in protecting your rights as an employee.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[What are the accommodation limits for pregnant workers in LA?]]>https://www.ejlglaw.com/?p=475552026-03-11T13:18:04Z2026-03-16T13:17:34ZAs a pregnant employee in Los Angeles, you may wonder how far workplace accommodations must go given your condition. California law gives strong protections, but these provisions are not unlimited. Understanding those limits can help you manage expectations and recognize if your employer is being unreasonable.
What are the pregnancy accommodations that the law requires?
Under the California Fair Employment and Housing Act (FEHA), a company with five or more employees must provide reasonable accommodations for pregnant employees. This may include modified duties, more frequent breaks or temporary schedule transfers.Employers also must engage in the mandatory Interactive Process once you request an adjustment. If your employer says "We cannot do that," without looking for alternatives, that likely violates the law.Note that the law does not require an employer to create a new position or remove essential job duties permanently. However, the law may require them to temporarily suspend essential functions for up to 40 weeks if the worker can perform them in the near future, aka after recovering from birth.If an accommodation creates an undue hardship (significant cost or difficulty), the employer may lawfully deny it.
What pregnancy accommodations are optional?
Disputes often center on what counts as reasonable. Employers may argue that certain tasks are essential to a role and that removing them would be unreasonable. Typical examples include:
Heavy lifting in warehouse or hospital roles where there are no other staff members
Additional bathroom breaks in a time-sensitive production line
Mandatory overtime in retail or food service that require flexible coverage
Demanding a 100% remote schedule for a role that requires physical presence
Some employers may try to label all your duties as essential, but that decision may face scrutiny. A pregnancy discrimination lawyer can help you challenge these decisions in the right legal channels.
Protect your right to make a living while pregnant
If your employer denies pregnancy accommodations without proper review, they may discipline or fire you. Act fast when that happens. Consider speaking with an attorney who can review job descriptions, medical notes, internal emails and challenge unlawful denials. Remember, if accommodations let you do the job, pregnancy should not cost you your livelihood, your income or your peace of mind.]]>On Behalf of Employee Justice Legal Group PC<![CDATA[What to do if your employer retaliates after a workplace injury]]>https://www.ejlglaw.com/?p=475532026-02-25T09:38:00Z2026-03-02T09:37:14ZYou have the right to file a workers' compensation claim when you get hurt on the job. Unfortunately, some employers respond to these claims with retaliation. They may cut your hours, demote you or even fire you for exercising your legal rights. If this happens to you, California law offers strong protections.
Recognize the signs of retaliation
Retaliation can take many forms, and it is not always obvious. Common warning signs include:
Sudden negative performance reviews: Your employer begins criticizing work that was previously acceptable.
Reduced work hours: Your schedule is cut without a clear business reason.
Demotions or reassignments: You are moved to a lesser role or excluded from meetings and projects.
Write-ups for minor violations: Your employer starts documenting small issues they previously ignored.
Hostile work environment: Managers or coworkers treat you poorly to pressure you into quitting.
If these actions started after you filed your workers' compensation claim or reported an injury, retaliation may be the cause.
Know your legal protections
California takes workplace retaliation seriously. State labor laws make it illegal for employers to discriminate against workers who file or intend to file a workers' compensation claim. This law also protects employees who testify in another worker's case. Employers who violate this statute face serious consequences, including misdemeanor charges and financial penalties.
Understand your remedies
If your employer retaliates against you, you can seek several forms of relief under state labor laws:
Reinstatement: You may be returned to your former position.
Lost wages and benefits: You can recover pay and benefits you lost due to the retaliation.
Increased compensation: You may receive additional compensation of up to $10,000.
If your injury resulted in a disability, you may also have a separate claim under California's Fair Employment and Housing Act (FEHA). Keep in mind that FEHA claims follow different procedures and timelines, including administrative filing requirements. These remedies work together to make you whole and hold your employer accountable.
Take action quickly
You must file a retaliation claim within one year of the discriminatory act. Missing this deadline can permanently block your case. Start by documenting everything. Save emails, write down conversations and keep copies of performance reviews. This evidence can show that your employer acted because of your claim rather than for legitimate business reasons.
Protect your rights and your future
Workplace retaliation punishes employees for doing what the law allows. Knowing your rights and acting promptly can help you fight back effectively and secure the compensation you deserve.]]>