Practice Areas

EMPLOYMENT LAW

  • Employee / Independent Contractors 

BUSINESS LAW

  • Business Law (1 of 2)

PERSONAL INJURY LAW

  • Auto Accident injuries 

BUSINESS EMPLOYER LAW

  • Employer Questions (2 of 2) 

California Employment Law: The Fair Employment & Housing Act (FEHA/Discrimination) and California Labor Codes (Wage & Hour) – Litigation, Transactions, and Advice

EMPLOYEE RIGHTS

Whether you are concerned about wage & hour, rest and meal breaks, overtime, sexual harassment, retaliation, age, race, religious beliefs, or pregnancy or disability discrimination or any other protected class or protected conduct discrimination under the FEHA; we are here to make sure your rights are protected and you get what you deserve.  You have rights under the FEHA, FMLA, CFRA, the California Labor Code and other laws and regulations designed to protect you.  It doesn’t matter if you work in a factory, a large corporation, or small business, the law says you have rights.  It doesn’t even matter if you are undocumented.  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 as your counsel to review those documents with 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.  We have successfully increased severance amounts and have negotiated other benefits for our clients.  Give us a call or email us with any questions.  FREE CONSULTATIONS AVAILABLE.

EMPLOYER OBLIGATIONS

Operating a business is not easy and the employment laws in California are sometimes difficult to navigate.  We understand that 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.  Limit your exposure now and into the future.  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 assist you through the Fair Employment and Housing Act (FEHA), California Labor Codes, and conduct that triggers each of those laws and regulations.  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.  Should it be necessary, we also defend lawsuits to obtain the best possible outcome.  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 as well as defending high figure lawsuits.   Give us a call or shoot us an email with questions.  CONTACT US 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.