Smart and aggressive advocacy for California employees.
Ruben Guerra and the Law Offices of Ruben Guerra represent employees in the Los Angeles area and San Francisco Bay Area, and throughout California. Ruben has been practicing employment law since he graduated from law school in 2012. His practice has focused on the fair treatment of workers no matter what their background, whether it be a company executive or a farm worker. Ruben is passionate about the rights of employees and has the know-how to obtain results.
Ruben has helped hundreds of clients reach favorable settlements and is well versed in the areas of discrimination and wage and hour laws. His practice has focused on aggressively prosecuting unscrupulous employers, but also in educating them so that they don't repeat the same mistakes.
Get in touch with us to set up a consultation, or use the contact form at the bottom of this page to inquire about how we can help you with your employment matter.
➤ los angeles
355 S. Grand Ave., Ste. 2450
Los Angeles, CA 90071
➤ SAN JOSE
2570 N. First St., 2nd Fl.
San Jose, CA 95131
Areas of Practice
harassment & discrimination
Employees are entitled to a workplace free of harassment and discrimination no matter what their background. While sexual harassment has been at the forefront of anti-discrimination laws, these laws also protect against discrimination and harassment based on ethnic background, transgender status, religion, sexual orientation, race, national origin, disability among other protected classes.
family, medical, & paid sick leave
Sometimes employees or close relatives of employees become very ill. California law requires that employers with more than 50 employees within a 75-mile radius provide employees who have worked for 12-months and at least 1,250 hours unpaid leave to tend to their own illness or the illness of a close relative. Covered employees are entitled to up to 12 weeks. However, even once the unpaid leave is exhausted, employers are required to engage employees in an interactive process to provide reasonable accommodation, including further time off, if needed.
In 2015, the Healthy Workplaces, Healthy Families Act (Cal. Labor Code § 245) came into effect, providing paid sick time off to employees. Under this law, employees who have been employed for more than 30 days begin accruing sick time at one hour per every 30 hours worked, which can be used upon the 90th day of employment.
Pregnancy disability leave
Employees who are disabled due to pregnancy and work for an employer with more than 5 employees are covered under Pregnancy Disability Leave (PDL). Even if not covered under PDL, employees may still be covered under FMLA/CFRA to take unpaid leave. PDL provides up to 4 months of leave for complications related to pregnancy, childbirth, or a related medical condition. Covered employees are also entitled to reasonable accommodations at work, such as modified duties, a chair, or frequent bathroom breaks.
whistleblowers & retaliation
Employers are prohibited from taking retaliatory action against employees for participating in a protected activity. For example, if an employee takes lawfully sanctioned medical leave, employers may be violating the law if they take negative action against the employee; or if an employee uses accrued sick time; or if an employee participates in a Cal/OSHA investigation; or if an employee refuses to participate in an action she/he reasonably believes is illegal. Indeed, there are a variety of protected activities which bar an employer from legally terminating an employee or taking other negative employment actions against that employee.
If an employer fires that employee for an unlawful reason, that is also known as a "wrongful termination," and subjects the employer to serious liability.
DISABILITY accommodations & THE INTERACTIVE PROCESS
If an employee suffers from a disability (even a temporary one) California law requires that employers engage them in a "timely, good faith, interactive process" to identify a reasonable accommodation. If the employer fails to do so, it is a violation of the law.
Employees are protected against wage theft. It is unlawful for an employer withhold due wages from employees, discourage taking meal and rest breaks, fail to provide accurate paystubs, or fail to pay for overtime or double time premiums, among many other protections set forth in the California Labor Code.
misclassification of employees
Many employers misclassify their employees either as "independent contractors" or "exempt" from wage and hour protections. This is largely due to ignorance on the part of the employer, but sometimes it's done intentionally in order to circumvent worker protections. Either way, the practice is unlawful. Despite any oral or written agreement between the employer and the worker, what matters is how the worker is treated and the nature of the business (among other factors) to determine whether a worker is in fact an non-exempt employee.
How Can We Help You?
Use the form below to contact us regarding your legal inquiry. Please be as detailed as possible. To help us best service your inquiry, tell us what issue you are having with your employer and why you believe you have been a victim of unlawful treatment by your employer. Consultations are free and completely confidential.