Practice Areas

California Employment Law: The Fair Employment & Housing Act / California Labor Code

EMPLOYEE RIGHTS

Wage & hour, rest and meal breaks, overtime, misclassification, sexual harassment, retaliation, age, race, religious beliefs, or pregnancy or disability discrimination under the FEHA.  You have rights under the FEHA, FMLA, CFRA, the California Labor Code and other laws and regulations.  It doesn’t matter if you work in a factory, a large corporation, or small business, the law says you have rights.  The law protects undocumented dreamers as well!  Although California is an at-will state, you have certain rights that the law says cannot be infringed upon.  Also, if you are being offered a severance agreement as part of a “reduction in force”, “lay-off”, or “termination”, we are here to review and negotiate those documents for you to ensure you are being treated fairly.  Your employer must inform you of your right to seek and give you ample time to consult with independent counsel prior to signing any documents of legal significance.  Click on the link below to get started.

EMPLOYER OBLIGATIONS

Operating a business is not easy and the employment laws in California are sometimes difficult to navigate.  Good employers sometimes make mistakes or can run into trouble with problem employees.  Setting up compliant practices and proper procedures is critical to protect what you have worked so hard to build.  Employee handbooks with up to date wage and hour provisions, break rules, codes of conduct, proper disciplining procedures, waivers, and anti-discrimination and harassment policies is key to creating a productive and legally sound work environment.  We guide and advise you through a comprehensive HR practice including sick and vacation days, disability leave, the hiring process, candidate selection procedures, discipline, and final separations as well as all the difficult decisions in between.  We have successfully worked with dental offices, restaurants, engineering companies, start-ups, internet and software companies, and other small to mid sized employers in implementing compliant procedures and policies.  Give us a call or shoot us an email with questions. 

Casstro-Ramirez v. Dependable Highway Express, Inc. 246 Cal.App.4th 180 (2016)

The Castro-Ramirez opinion clarified an important segment of California disability law.  Mr. Castro-Ramirez worked as a truck driver for Dependable Highway Express, Inc.  His son was a candidate for kidney transplant, and required dialysis on a daily basis.  Mr. Castro-Ramirez needed to be home by a certain time to administer dialysis to his son. During the last month, a new supervisor gave Mr. Castro-Ramirez a difficult scheduled and repeatedly refused to accommodate.  When Castro-Ramirez was unable to perform his schedule, he was terminated on the auspices of “refusal to work.”  The Court of Appeal held that employees who are not themselves actually disabled but are associated with persons who are disabled, are nonetheless protected from discharge when the employer is able to reasonably accommodate those employees. Thus, for the first time in California, nondisabled employees are expressly entitled to reasonable accommodations for the disabilities of family members with whom they associate.