Sacramento Employment Law Attorney

Your Compassionate Legal Team

Robert C. Bowman Jr. — Mon, 30 Jan 2012 15:06:26 +0000

The caring lawyers and staff of the Law Offices of Bowman & Associates, APC. practice a hands-on approach with our clients. We take pride in being able to offer affordable legal services to California residents:

helping discriminated employees fight back against their work;
helping people receive their unpaid wages;
helping victims of sexual harassment get compensation from their employers;
helping those wrongfully terminated employees get the money they deserve;
and more.

At our law firm, it is not uncommon for your attorney to give you their personal cell phone number and take calls over the weekend when you have important legal questions.

At our law firm we offer free initial consultations to evaluate your case.

At our law firm your case is the most important and we put all our resources toward fighting for your rights.

But don’t take our word for it, check out what other people had to say…

“Fantastic! Robert has been an incredible help during a very stressful, constant custody battle. He’s always been there to answer the phone and provide advice, drastically lowering my stress level and anxiety. He was right, it takes a little time, but our court arrangement is finally both in the best interest of my son and fair to me.” – Heather via Google Places

This firm went way above the call in regards to my case, attorney Ken Torlelson is a fantastic lawyer with lots of wit and experience. I would call them first anytime in the future when the need arises. And will refer this office to all my friends and family with there needs. – David M. on Yelp

The seasoned labor lawyers of Bowman & Associates help clients across California from our offices in Sacramento and Folsom. If you or someone you know has legal questions regarding wrongful termination, unemployment compensation, sexual harassment, retaliation, discrimination and employment law matters. Contact us today for a case evaluation.

Woodland Sexual Harassment Attorney

Hubert Johnson Sr. — Mon, 30 Jan 2012 13:46:18 +0000

The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment to include harassing behavior in the workplace such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This can include quid pro quo offers of employment for sex or actions designed to cause you humiliation. Sexual Harassment in the workplace can take a variety of forms, in addition to unwanted sexual advances, including:

Offering employment benefits in exchange for sexual favors (quid pro quo harassment)
Threatening reprisals after a negative response to sexual advances (retaliation)
Visual conduct: leering, displaying of sexually suggestive objects or pictures, cartoons or posters, or making sexual gestures
Verbal conduct-making derogatory comments or jokes
Verbal sex advances or propositions
Verbal abuse of a sexual nature
Physical conduct: touching, assault, blocking movement

Regulations issued under the California Fair Employment and Housing Act require employers to train their supervisors to recognize and report sexual harassment in the workplace. At Lawless & Lawless, our lawyers are prepared to guide working women through the process of documenting, reporting, investigating, and filing suit on claims for sexual harassment.

An employee that is the target of sexual harassment must at least remember to do two things. First, make sure the harasser clearly knows that their conduct is unwelcome. Second, make sure that the employer knows of the situation, preferably in writing. If the sexual harassment continues, it is important to speak with a Woodland, CA sexual harassment lawyer. An experienced attorney can help you understand your rights and make sure they are protected in your workplace.

If you have been subjected to any type of sexual harassment at work, it is important to get experienced legal representation in Woodland to protect your rights and your security. The following are the two most common types of illegal sexual harassment:

Quid pro quo: If a supervisor, manager or other authority figure in your workplace has demanded a sexual favor or act in exchange for letting you keep your job or giving you a raise or promotion, this may be considered quid pro quo (“thing for a thing”) harassment.
Hostile work environment: If your employer has engaged in or permitted pervasive, unwanted, sexually tainted behavior such as inappropriate jokes, rude remarks and distribution of pornographic images, you may have a hostile work environment claim.

The Woodland sexual harassment attorneys of Bowman & Associates help clients across Northern California. If you or someone you know has legal questions about filing a sexual harassment claim, contact our experienced employment law attorneys today for a free case evaluation. You don’t have to put up with it at work.

Continuing Violation Doctrine – Sacramento Employment Lawyer Explains

David P. Foos — Mon, 23 Jan 2012 12:56:51 +0000

When making a claim of harassment or discrimination a complainant is usually limited to acts that occurred within one year of the complaint to the complaining agency. However, if the employee can demonstrate that the acts were a part of a “continuing violation” and at least one act occurred during the one year period the Court can consider acts that are older. The acts must be part of a pattern of discrimination. In a recent case, Sepulveda v. Municipality of San German, out of the U.S. Court of Appeals for Puerto Rico, the court held that the acts outside of the one-year period must amount to a “hostile work environment.”

A hostile work environment is defined as work where the discriminatory conduct is severe and pervasive – occurring frequently. Also, the conduct must unreasonably interfere with the employee’s work performance. In the Sepulveda case the Court found that the acts were not severe – there had been no physical threats, and was not pervasive – there was only one act outside the one year period of harassment. The case dealt with harassment of a gay man in regards to his sexual preference. In addition, the Appeals court found that even though there was evidence that Sepulveda had to get counseling because of the harassment, and there was no evidence that his work performance was affected. As a result, the Court threw out Sepulveda’s lawsuit.

The Sacramento employment law attorneys at Bowman & Associates have many years experience in defending the rights of workers. If you have been the victim of discrimination or harassment, or have been wrongfully terminated do not hesitate to call us for a free consultation to discuss your case. I am Retired Superior Court Commissioner, David Foos, and I will speak to you and do everything possible to get you justice. I can be reached at (916) 923-2800, or on the web at dfoos@bowmanandassoc.com.

California Supreme Court finds that Insurance Adjusters are covered under over-time law

David P. Foos — Sun, 01 Jan 2012 14:49:36 +0000

California wage and hour law requires that employees are to be paid over-time wages if they work more than 8 hours in one day or more than 40 hours in one week. Certain workers are classified as “exempt” employees and are therefore excluded from the law. Last week the California Supreme Court held that insurance adjusters are not exempt and are covered under the law. In this case it involved all adjusters working for Liberty Mutual or Sentry Insurance.

When employers do not pay earnings due it becomes an unpaid wages case. Our experienced Sacramento labor lawyers help clients through this difficult technical process and fight for your rights. We get you the compensation you deserve.

If you have a wage claim or any employment issue please call me, David Foos, at 916-923-2800, or email me at dfoos@bowmanandassoc.com. All first consultations are free.

University Professor Loses Case for False Arrest and Libel

David P. Foos — Thu, 29 Dec 2011 20:25:49 +0000

In a recent case the New Hampshire Court found against a professor that had been arrested for disturbing the peace and stalking another professor, but later was found not guilty in a trial. Even though he won at trial the Court found that there was sufficient cause to have had him arrested. The Court found that the University of New Hampshire was justified in suspending the professor with pay and from banning him from the campus. The University had sent an email to all of the faculty telling them to avoid the professor and report it if they saw him on campus. The professor sued for libel based on this email claiming that it created the impression that he was dangerous and armed. The Court held that the email could be interpreted as just warning faculty to report the professor and that there was no defamation because the comments were not false and that there was no intent to damage the professor’s reputation.

In regards to the defamation cause of action this ruling demonstrates the difficulty in winning such a suit. There must be a statement which is false and not just an opinion of the speaker. If you feel that you have been defamed I can discuss this matter with you in a free consultation and let you know if you have a good lawsuit. I have handled many such cases in Sacramento and California and will help you. Call me, David Foos, Retired Sacramento Superior Court Commissioner at (916) 923-2800 or email me at dfoos@bowmanandassoc.com.

Obese Worker Sues Employer for Disability Discrimination

David P. Foos — Sun, 25 Dec 2011 13:04:54 +0000

A worker in Houston, Texas recently sued his employer for discrimination based on his disability of obesity. The law recognizes that an employer cannot discriminate against an employee based on them being a member of a protected class such as gender, race, or disability. To demonstrate disability discrimination the employee must first show that she has a recognized disability. In California obesity has not been recognized as a disability, however, the side effects of obesity, heart disease, diabetes, difficulty walking, may be conditions that are protected under the law. Also, some cities, such as San Francisco, have passed laws making it illegal to discriminate against the obese. Once it is demonstrated that the employee has a recognized disability the employee must show that an adverse action has been taken. An adverse action is defined as an action which materially affects the terms and conditions of employment such as demotion, firing, or an re-assignment of job responsibilities.

If you believe that you have been the victim of job discrimination in Sacramento and would like to discuss the matter with an attorney please feel free to contact me, David Foos, Retired Sacramento Superior Court Commissioner, or our other employment attorneys at Bowman and Associates. Our number if (916) 923-2800 or I can be reached by email at dfoos@bowmanandassoc.com. The consultation is at no cost to you.

Folsom Unpaid Wages Attorney

bowman — Tue, 13 Dec 2011 13:09:01 +0000

California law requires employers to pay overtime to their workers and provide regularly scheduled meal and rest breaks. Some employers fail to do so, either intentionally or out of ignorance. If you have been unlawfully denied overtime pay or have been made to work through breaks, you may be entitled to unpaid back wages, back benefits and attorney’s fees.

Misclassification of Employees as Exempt

Under California and federal law, employees are generally entitled to overtime pay unless they qualify as exempt from overtime under a few narrow exemptions for “white collar” employees and commissioned salespersons. The so-called “white collar” exemptions only apply to certain managerial, administrative, and professional employees who exercise substantial discretion and independent judgment in the performance of their jobs.

What is the overtime law in California and across the country?

Overtime is defined under California law, for most job positions, as any work done:

beyond 8 hours in one workday
beyond 40 hours in one workweek
in the first 8 hours on the seventh day within any one workweek

Overtime work is compensable to nonexempt employees at a rate not less than one and one-half times (i.e., “time and a half”) the regular rate of pay. Overtime work performed in excess of 12 hours in any workday, or in excess of eight hours on any seventh day of work in a workweek, is compensable at a “double time” rate. As a rule, state laws (like California’s laws) can be more generous than federal law, but cannot provide less protection for workers.

Employers violate the law when they pay a salary to employees that should be paid at an hourly rate of pay. Overtime pay violations also include employers who do not allow employees to report more than 40 hours per week or that require employees to work “off the clock.”

Many California wage laws—including California Labor Code Sections 1171-1205 and California Labor Code Sections 500-558—protect your overtime payment rights. When employers break these laws, the state may go after them and hold the employer guilty of a misdemeanor criminal offense. You also have the right to sue your employer for these offenses.

We represent employers and employees from the initial consultation regarding the situation, through any informal proceedings, to litigation in state or federal court or in administrative hearings. We are also experienced in Department of Labor Standards Enforcement actions. We will begin an immediate and aggressive investigation to collect all necessary evidence.

We are experienced with wage and hour claims, involving:

Overtime issues
Failure to pay minimum wage
Misclassification of employees as independent contractors
Misclassification of employee as exempt
Improper withholdings or no withholdings
Improper deductions
Breach of contract with regard to payment arrangements, especially for sales or commissioned employees
Payment disputes for employees who do not use time cards

Experienced Folsom Labor Lawyers

If you are working hours that you are not getting credit for, or are being deprived of overtime pay, you do not have to accept this treatment as the price of doing business. Wage-hour and overtime disputes are regrettable — and avoidable, if the employer complies with its obligations under the law. The Folsom employment law attorneys of Bowman & Associates help clients across Northern California. Contact our office for a free case evaluation.

Folsom Wrongful Termination Attorney

Robert C. Bowman Jr. — Fri, 29 Jul 2011 13:55:18 +0000

One of the most frustrating and perhaps bewildering moments in any employee’s career is finding out that your employer is ending the employment relationship. After the initial shock, questioning, bargaining, accusations, and maybe a moment of self-criticism, employees often seek out a lawyer for information. Inevitably, the most common question to the lawyer is a variation of “my boss fired me for no real reason, does this qualify under wrongful termination law in California?”

Wrongful termination is an umbrella term covering many kinds of improper conduct by an employer that leads to the loss of a job. Some situations and reasons for termination of employment may seem unfair, but that does not necessarily mean they are illegal or a viable cause for a lawsuit. However, many reasons that an employer may have to terminate an employee are unlawful.

Folsom workers are working in very difficult times. The economy is in crisis and employers are looking for any way they can to cut back. Sometimes employers cut back the work force and in so doing have wrongfully terminated you. Below are just a few examples of wrongful termination under California law:

Complaining about or supports a claim involving unlawful discrimination or harassment
Complaining about unsafe working conditions or work practices to employers, or to a government agency such as Occupational Safety and Health Administration (OSHA)
Participating in proceedings before the California Labor Commissioner
Serving on jury duty or testifying as a witness in court
Participating in political activity, including holding public office
Serving as an election officer on election day
Exercising rights under the Agricultural Labor Relations Act
Disclosing information to a government or law enforcement agency, if the employee has reasonable cause to believe there was a violation of law including issues related to the Sarbanes Oxley Act
Refusing to patronize the employer in connection with the purchase of anything of value
Refusing to submit to a polygraph, lie detector or similar test

Almost every state (including California) uses the legal concept of “employment at will.” This means that the employer has the right to terminate an employee with or without a reason, and similarly, the employee has the right to quit employment at any time, with or without a reason.

If an employer violates federal or California employment laws when firing an employee, it may be guilty of wrongful termination. Employees who have been wrongfully terminated are entitled to all of their compensation and benefits. In certain circumstances, they may be entitled to punitive damages when the employer’s behavior is egregious enough to meet certain criteria under the law.

Folsom Wrongfully Fired Lawyers

The skilled labor lawyers of Bowman & Associates help clients across Northern California from their offices in Folsom and Sacramento. If you or someone you know has been let go from your job and has legal questions regarding a possible case, contact our experienced attorneys for a free consultation.

Class-action suit slams insurance giant

Robert C. Bowman Jr. — Tue, 17 May 2011 19:00:15 +0000

A federal class-action suit has been filed against a New York unit of French insurance giant AXA Group alleging that thousands of U.S. employees worked as many as 60 hours per week but weren’t paid minimum wage or overtime.

The suit, which names two former employees of the firm as plaintiffs, alleges that AXA Financial, AXA Advisors and other related entities hired unlicensed financial product marketers, made them pay for training materials and registration fees, and required them to work without compensation while studying for exams.

Upon becoming licensed, the workers earned a flat salary and commission on sales but were “not compensated for any time spent working past 40 hours in a week,” according to the complaint. It also alleges that AXA failed to maintain complete timesheets or payroll records for employees.

A spokesman for AXA had not yet received the complaint and did not immediately comment. AXA Group recorded $129 billion in revenues in 2010 and ranked No. 9 on the Fortune Global 500 list.

With a troublesome economy, many individuals find themselves in tough positions against their employers. If you feel as though you have been wronged or cheated by your employer in regards to your pay, contact an experienced Sacramento federal wage, hour, and overtime laws attorney of the Law Offices of Bowman & Associates APC., for a free initial consultation. Across Northern California, we provide sound legal advice for your wage and hour law matters.

Read entire article…

Cardiologists accuse Citizens Medical Center of discrimination

David P. Foos — Mon, 16 May 2011 19:00:26 +0000

The emails and memos written by administrators and doctors at Citizens Medical Center about three of their colleagues of Indian descent are, at best, derogatory. An operating room chief wrote of trying to force “the Indians off the reservation.” Others wrote about their “Indian troubles,” or labeled the hospital’s two rival cardiology practices as “the Cowboys” and “the Indians.”

At worst, they could be considered racist: “I feel a sense of disgust but am more concerned with what this means to the future of the hospital as more of our Middle-Eastern-born physicians demand leadership roles and demand influence,” David P. Brown, chief executive of Citizens Medical, wrote in a 2007 memo to himself. He continued, “It will change the entire complexion of the hospital and create a level of fear among our employees.”

But whether racial animus led Citizens Medical, a county-owned hospital, to close its cardiology unit to non-staff doctors – effectively revoking the privileges of Drs. Harish Chandna, Ajay Gaalla and Dakshesh Kumar Parikh to practice there – is the subject of fierce debate and a discrimination lawsuit filed by the three doctors in federal district court in the Southern District of Texas. The dispute has divided Victoria’s close-knit medical community, where many longtime doctors and hospital officials say that it is not about race – the city has long been home to doctors of all ethnicities and nationalities – but a struggle over egos and influence gone awry.

The Citizens Medical battle appears to have begun over operational disagreements between Chandna, Gaalla and Parikh and hospital administrators, and a lack of trust between the three Indian-American doctors and other cardiologists at CMC. Chandna, Gaalla and Parikh have their own cardiology practice and have practiced at CMC and the neighboring DeTar Hospital for many years.

Discrimination against race is one of the oldest forms of discrimination. It has divided countries and caused wars. Unfortunately, it is still prominent in our society. If you are being discriminated against, contact an experienced Sacramento racial discrimination attorney at the Law Offices of Bowman & Associates APC. for a free initial consultation. We help people across Northern California in discrimination cases even if you are standing up for a co-worker who is suffering from discrimination or if you are trying to protect your company from discrimination claims.

Read entire article…