Employment Lawyers in California
Employees’ and employers’ rights and obligations in a California workplace are governed by a variety of federal, state and local laws. Good legal advice is essential to navigate these issues. When problems arise, they can have serious consequences affecting the performance, morale, reputation and livelihood of employers and employees alike. Best practice for either is to consult an attorney to understand what the law requires and how to address disputes promptly.
What We Do
Our clients include employers of all sizes from small companies to large corporations, as well as employees, independent contractors and freelancers.
Our experienced attorneys advise our clients on legal rights and obligations under state and federal employment laws, including those involving compensation, safe working environments, privacy, discrimination, retaliation, and harassment. In addition, we can assist clients with transactional matters, such as drafting and/or negotiating agreements involving employment, independent contractors, separation and severance. We also help employers develop appropriate workplace policies and procedures, employee handbooks and training materials.
Workplace Discrimination
Under Federal law, employers may not discriminate in the workplace on the basis of age, disability, pregnancy, race, national origin, religion, gender and sexual orientation. This includes treating employees differently in hiring, firing or other terms and conditions of employment or permitting the harassment of employees. 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.
In California, several laws protect employees against workplace discrimination. The Fair Employment Practices Act and the Unruh Civil Rights Act barred employment discrimination, and all Californian were declared “free and equal.” In 1992, the state amended its Fair and Housing Act to mirror federal ant-discrimination laws.
Wrongful Termination
California is an “at will” employment state, which permits a private-sector employer to terminate an employee for any reason at any given time, absent an employment agreement to the contrary, or a wrongful reason for that termination, such as discrimination or retaliation. We advise clients on either side of a dispute regarding the laws that apply and advocate on their behalf.
FMLA Claims
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. California’s Family Rights Act reflects the federal statute with an equal amount of unpaid leave. The law does not apply to all employers or employees and the requirements can be complicated. Our attorneys help clients navigate the rules and minimize potential problems that would interfere with an employee’s rights.
Wage and Hour Violations
While many individuals are familiar with the concept of minimum wage, employers have a host of obligations under federal, state, and local wage and hour laws. These include rules for exempt and non-exempt employees, overtime calculation, 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. The purpose is to minimize misunderstandings and future problems in the workplace. 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 or attempt to negotiate for a better package, or even make a legal claim.
Employee Handbooks
Every employer should have an employee handbook to ensure employees receive all legally required notices. In addition, it also educates employees regarding company policies, procedures, benefits and expectations. A handbook, when done correctly, may also offer an employer protection in a lawsuit. However, it can also help establish liability against an employer if poorly drafted. Our firm has extensive experience drafting and updating employee handbooks to meet the unique needs of any business.
When Should Parties Conduct Employment Mediation?
As discussed above, mediation may be mandated by courts, agency regulations and employment agreements. Typically, this occurs shortly after a complaint has been made to the employer, agency or court. However, the parties can seek mediation on their own at any point during the dispute resolution process.
A desire for confidentiality or to save time and money producing documents for discovery may encourage the parties to seek mediation as soon as possible. However, parties may wish to wait to evaluate the strength of each side’s case before conducting mediation. Often, mediation is pursued right before or after important court rulings, such as those related to summary judgment, and pre- and post-trial and appeal decisions. Each side may want to avoid the costs and uncertainty of a court decision, or such a decision has already weakened their case, so settlement is a better option.
Our Wide-Ranging Experience
We can assist you with a number of employment law matters, including:
• Race, gender, sexual orientation, age, pregnancy, religious, disability, and national origin discrimination;
• Wrongful termination;
• Sexual harassment;
• Retaliation;
• Unequal pay, 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.
Photo by Rafael Camacho Greilberger on Unsplash
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