Practice Areas Overview
At Kingsley & Kingsley, our attorneys work in a variety of practice areas throughout the state of California, with a central focus on helping the injured or mistreated individual who has suffered abuse at the hands of an employer, insurance company, or corporate entity. Our experienced trial lawyers work to level the playing field and fight for the rights of our clients, regardless of the size and power of the opposition.
Our legal counselors and trial lawyers focus primarily on the following areas of law:
Discrimination - Discrimination is not only wrong, it is illegal. Fortunately, there are both state and federal laws that protect employees. As the employee, you cannot control if discrimination happens to you, but you can familiarize yourself with the general types of discrimination and take appropriate legal action.
Breastfeeding Discrimination - Breastfeeding women are now offered even greater protection in the workplace due to recent legislation explicitly prohibiting discrimination against them. This new law, effective January 1, 2013, supplements existing California law addressing breastfeeding in the workplace and heightens employer obligations.
Continuing Violation - In 2001, the Supreme Court of California ruled on the scope of the “continuing violation doctrine” The doctrine “allows liability for unlawful employer conduct occurring outside the statute of limitation if it is sufficiently connected to unlawful conduct within the limitations period."
Disability Discrimination - You are protected from discrimination regardless of a disability, under specific circumstances, because of the Americans with Disabilities Act. The Americans with Disabilities Act is a civil rights law that provides protection similar to the Civil Rights Act of 1964. Disability discrimination occurs when an employer treats an employee, who has a qualified disability, unfavorably solely because the employee is disabled.
Genetic Information Discrimination - On September 6, 2011, California Gov. Jerry Brown signed into law the California Genetic Information Nondiscrimination Act (CalGINA), which ultimately took effect on January 1, 2012. CalGINA provides broader protections from genetic discrimination than does the federal Genetic Information Nondiscrimination Act (GINA) of 2008, which is limited to employment and health insurance coverage.
Pregnancy Discrimination - You are protected against pregnancy discrimination because of the Pregnancy Discrimination Act. The Act is an amendment to Title VII of the Civil Rights Act of 1964. Essentially, it prohibits employers from treating a pregnant woman in an unfavorable way. This includes pregnancy, childbirth, or a medical condition related to childbirth or pregnancy.
Race, Color, and National Origin Discrimination - Employees and applicants are protected against being treated unfavorably because the individual’s race but also because of physical characteristics (hair texture, color, facial features) associated with race. Although color discrimination may sound similar to race discrimination, it differs in that it involves treating someone unfavorably because of skin color complexion.
Religious Discrimination - Religious discrimination is the unfavorable treatment of an employee or applicant because of an individual’s religious beliefs. It protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
Retaliation FAQs - Retaliation is any adverse employment action taken against an employee who complained of discrimination, harassment, or a violation of workplace law. It is also retaliation to take adverse action against an employee who participates in an investigation of one of these problems.
Sex-Based Discrimination - Sex-based discrimination is the unfavorable treatment of an employee or applicant because of the individual’s sex. In other words, preferential or unfavorable treatment is given to one employee or applicant over another, exclusively because he or she is a man or a woman. Although generally attributed to protect the unfair treatment of women, it can also apply to men, people who are transgender, lesbian, gay, or bisexual.
Labor & Employment Law - A Los Angeles employment attorney can help you understand your rights under federal and California laws. Employment and labor laws set the legal parameters for employment contracts, torts, equal employment opportunities, wages and hours, health and safety, and employee benefits, along with union organization and collective bargaining.
Discrimination and Harassment - Discrimination and harassment are wrong. Fortunately, there are both state and federal laws that protect employees but you must take action. It is important to note that each employment-related law contains different protections, definitions, penalties, and mechanisms for enforcement.
Wrongful Termination - If you believe that you have been wrongfully terminated from your job, you should consider speaking with an experienced employment law attorney who can help you exercise your rights to recover damages. If you can successfully prove that your employer wrongfully terminated you, you may be able to recover damages for your financial loss, future financial losses, punitive damages, and suffering.
Sexual Harassment - The labor and employment law attorneys at Kingsley & Kingsley are well-versed in representing employees throughout California who have been the victim of sexual harassment. Our lawyers represent employees in civil litigation in state and federal courts, and in mediations and administrative hearings before boards and commissions such as the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).
Hostile Work Environment - It is illegal to discriminate or harass a person in the workplace on the basis of gender or sex. California and federal laws prohibit this behavior in private businesses, government agencies, and labor organizations. Each incident of sexual harassment is different, however, there are two main categories into which most cases fall — “quid pro quo” cases and “hostile work environment” cases.
Quid Pro Quo - It is illegal to discriminate or harass a person in the workplace on the basis of gender or sex. These laws cover private businesses, government agencies, and labor organizations. Each incident of sexual harassment is different, however, there are two main categories into which most cases fall — “quid pro quo” cases and “hostile work environment” cases.
Consumer Class Actions - Are you being unfairly charged by a bank or credit company, or are you the victim of false advertising or misleading claims? Attorneys at the California law firm of Kingsley & Kingsley take up consumer class actions to help consumers recover for the wrongs done to them, and to force corporate giants to act responsibly toward the public.
Health and Disability Benefits - It may come as no surprise to learn that insurance companies are in business to make money, and it costs them to pay claims associated with disability benefits. Paying less than the full amount, or denying a claim altogether, saves money for an insurance company; some companies will even look for ways to cancel the insured’s policy rather than pay a claim submitted to them. When people in California are mistreated by their insurance company, the lawyers at Kingsley & Kingsley work to make sure that they receive the benefits to which they are entitled.
FAQs – Disability Insurance - Frequently Asked Questions (FAQs) about Disability Insurance and Disability Claims Denials - At Kingsley & Kingsley we field a variety of questions related to disability insurance and the claims process. We hope you find the following section of Frequently Asked Questions (FAQs) informative.
Insurance Bad Faith - Insurance companies establish contracts with policyholders to pay benefits if the policyholder becomes disabled or to pay medical bills due to accident or illness. When an insurance company fails to pay these claims and fails to deal fairly with policyholders, this is bad faith. Our law firm is dedicated to representing clients who have been unfairly treated.
ERISA - Employees are often denied benefits under the Employee Retirement Income Security Act (ERISA). ERISA is a Federal Statute that covers all group policies, regardless of whether they are long term or short term disability, long term care, health, and life insurance policies, with certain exceptions such as if the employer is a governmental agency, charity or religious organization.
Meal & Rest Breaks - Anytime an employee works more than five hours, he or she is entitled to a 30-minute unpaid meal break. During this time, the employee is to be relieved of all duties and is free to leave the premises. For a violation of this law, the employee is entitled to be paid for the missed break plus a premium of one hour of pay at the regular rate. Every day the employee misses a meal break counts as a separate violation of the law.
Overtime Compensation - Overtime compensation or pay is not a privilege. It is a right, in certain circumstances, under both federal and California law. The law provides when and how workers are entitled to overtime compensation. At the law firm of Kingsley & Kingsley, our experienced Encino overtime attorneys have helped many people in Los Angeles, San Francisco, Sacramento, and San Diego recover overtime wages. If you believe you have been unfairly denied overtime pay, speak with an overtime attorney in our office who may be able to help you.
Overtime Laws - San Francisco and Sacramento Overtime Compensation - In the state of California, if you are over the age of 18 and work more than eight hours a day or 40 hours a week, you are entitled to overtime compensation. If you live in San Francisco or Sacramento and you think you are entitled to overtime compensation and are not receiving it, you should contact an overtime lawyer at Kingsley & Kingsley, who may be able to help you recover unpaid overtime compensation.
Reimbursement - Reimbursement for Unpaid Wages & Business Expenses - The employment law attorneys at Kingsley & Kingsley help workers in Los Angeles, San Francisco, Sacramento, and San Diego and throughout California with all of their wage and hour issues, including obtaining recovery for unpaid expense reimbursement.
Unpaid Wages - Unpaid Wages Claims in San Francisco and Sacramento - As an employee, you are entitled to all of your earned compensation. This includes not only your hourly or salary wages but also overtime, commission, bonuses, off-the-clock work, and vacation time that is unused upon termination of employment.
Wage and Hour Law - In addition to a minimum wage, both the federal government and the state of California mandate a maximum number of hours that may be worked in a week, and both systems mandate the payment of overtime for hours worked over that maximum. California law goes above and beyond federal law with respect to both minimum wage and maximum hour law, and it mandates certain rest periods and meal breaks that are not required by the federal government.
Prevailing Wage Law - Do you work in construction? Are you being paid what you are legally guaranteed? If you work in construction that is being funded completely or partially by government money, then by law you are required to be paid the prevailing wage in California. The prevailing wage is similar to the minimum wage, but is specifically for construction workers who are working on public works projects. It is a legally required hourly minimum wage that your employer must pay you.
Personal Injury Attorneys - Attorneys at the law firm of Kingsley & Kingsley handle personal injury claims in Los Angeles and throughout California involving serious injuries and large liabilities caused by the negligent or wrongful actions of others. Every claim is bound by a statute of limitations, during which time a plaintiff must file a lawsuit or risk losing the ability to sue. In most personal injury cases in California, this timeframe is two years from the date of injury, but there are many instances where the time may be longer or significantly shorter. For this reason, it is critical to contact an attorney as soon as possible following an injury to ensure that important deadlines are not missed.
Seek Experienced Legal Representation
At Kingsley & Kingsley, our team of capable attorneys is ready to assist you with advice or representation in any of these areas. To learn more about how we can help you, click here to contact the firm, or call us toll-free (888) 500-8469.