Employment Lawyers in California

Workplace Discrimination

Under both California and Federal law, employers may not discriminate in the workplace on the basis of age, disability, pregnancy, race, national origin, religion, gender or sexual orientation. This discrimination could include treating employees differently in hiring, firing or other terms and conditions of employment based on those protected characteristics, or permitting the harassment of employees for such protected characteristics.  Discrimination laws may also prohibit employers from implementing a seemingly neutral business policy that has a disparate impact on those within a protected class. If an employee reports or threatens to report discrimination, it is unlawful for employers to retaliate against the employee for asserting their rights. Our attorneys have extensive experience helping employers develop policies to minimize discrimination in the workplace. However, when disputes arise, we are strong advocates on behalf of employers and employees to resolve conflicts effectively.

Wrongful Termination

California  is an “at will” employment state, meaning that an employer may terminate an employee for any reason at any given time, as long as reason isn’t wrongful (such as discrimination or retaliation) or an employment agreement bars it.

Family and Medical Leave

The Family Medical Leave Act (FMLA) is a federal statute that requires employers to provide qualifying employees with up to 12 weeks of unpaid leave per year for family or personal medical reasons as well as job protection during the leave period. The law does not apply to all employers or employees and the requirements can be complicated. California’s own Family Rights Act provides similar but not identical protection. Our attorneys help clients navigate the rules and minimize potential problems that would interfere with an employee’s rights.

Wage & Hour Violations

Employers have a host of obligations under federal, state, and local wage and hour laws. These include rules for minimum wage, exempt and non-exempt employees, overtime pay calculations, the frequency and manner of payment, wage statements and deductions and other requirements. We advise employers regarding compliance with all laws and represent employers and employees in wage and hour complaints.

Employee Misclassification

There are important distinctions between employees and independent contractors under labor and employment laws. As a result, both workers and employers should understand the rules so that workers receive the benefits to which they are entitled, and employers avoid significant liability for illegally misclassifying employees as independent contractors. We review worker classifications and independent contractor agreements to help ensure compliance with all applicable laws. Furthermore, we advise clients how to address disputes if they arise.

Offer Letters & Employment Agreements

Generally, an offer letter and employment agreement establish a new employee’s job duties, compensation, benefits and other aspects of the new employment. We recommend that both sides consult attorneys to draft, negotiate and/or review these documents before signing.

Separation & Severance Agreements

When employees leave a company, there may be concerns about future legal claims. Employers will often give the departing employee a separation or severance agreement to sign wherein the employee receives a benefit package in exchange for waiving his or her right to sue the company. The agreement may also contain non-disparagement and non-compete provisions. We assist employers in drafting appropriate agreements to minimize the risks of a lawsuit. Our attorneys also counsel employees regarding whether it is in their best interest to accept the agreement, attempt to negotiate for a better package, or make a legal claim.

Employee Handbooks

Every employer should have an employee handbook to ensure employees receive all legally required notices. Such a handbook should educate employees regarding company policies, procedures, benefits and expectations. A handbook, when done correctly, may offer an employer protection in a lawsuit. However, it can also help establish liability against an employer, especially if poorly drafted. Our firm has extensive experience drafting and updating employee handbooks to meet the unique needs of any business.

Our Wide-Ranging Experience

We can assist you with a number of employment law matters in California, including:

• Race, gender, sexual orientation, age, pregnancy, religious, disability, and national origin discrimination;
• Wrongful termination;
• Sexual harassment;
• Retaliation;
• Unequal pay, and unpaid overtime and wages
• Pensions and ERISA violations;
• Breach of employment agreements; and
• Negotiating and reviewing employment contracts or severance agreements.

Contact a member of the Romano Law team today.

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