...we give employees advice about a range of employment matters, negotiate on behalf of our clients with employers and former employers, and represent them in proceedings, such as arbitrations, mediations, and court proceedings.

Employees often seek our advice when they are contemplating taking an action and are concerned about a potential adverse response from an employer, or when they are concerned that their rights have been violated.

The following are examples of some of the issues which we address:

Compensation Issues

We are hired by employees who haven't been paid the wages due to them - such as unpaid overtime, commissions, salary, bonuses, "prevailing wages" on public works projects, or expenses incurred on behalf of an employee.

For example, we assess whether employees who work over eight hours a day or over forty hours a week are entitled to overtime pay. Employers often misclassify employees. Exempt status is not determined by whether an employee is called "exempt" or is paid on a salary basis, but by the duties performed. Click here for more information on Overtime Pay Claims.

Meal Period Requirement Violations

In California, most employees are entitled to a one-half hour meal period free of any work duties during the first five hours of the work day, unless the work day is less than six hours, in which case the meal period can be waived.  Depending on the length of the work day, a second meal period may be required too. 

The law requires the employer to pay an employee extra hours of wages for each day a required meal period is not furnished.  We represent employees concerning claims of this nature.

Negotiating Severance Agreements

We frequently negotiate severance pay agreements for employees who have been terminated or are about to be terminated.

Leave Issues

There often are questions concerning the length, timing and entitlement to a leave of absence. There also are questions concerning retaliation for an employee having exercised a right to a leave. Leave questions include:

	family leave requests
	pregnancy and maternity leave
	disability leave

Disability Accommodation Issues

Questions arise as to whether an individual has a protected disability, and what accommodation an employer must provide. Issues include:

	appropriate duties for a disabled individual
	necessary medical documentation for an accommodation request
	length of leave and reinstatement issues

Review of Employee Agreements

Questions often arise as to whether an employer has agreed to provide a certain benefit, or if conduct will be in breach of a written agreement with the employer. Questions also come up as to whether an individual is classified correctly as an employee, as the classification will have an impact on benefits to which he or she is entitled. We are often called upon to review:

	stock options
	independent contractor status
	employee leasing agreements
	trade secret agreements
	employee invention agreements
	non-compete requirements

Privacy Rights

Issues come up as to the extent of an employee's right to privacy in his or her body, or at the work place. For example, we are asked to address questions about mandatory drug testing, psychological testing, or searches of employee work space.

Defense Against Employer or Employee Claims

Sometimes, an employee is sued, either by an employer or another worker. For example, claims can arise over purported breaches of confidentiality or non-compete agreements. This may include payment of legal expenses when the employee is drawn into a lawsuit for a work-related incident.

Benefits Issues

We assist employees with pension or other benefits claims, which can involve severance plans, early retirement plans, retiree medical insurance, life insurance, or COBRA, and public sector and union pensions as well as private pensions.

Termination Issues

We represent employees who have been wrongfully terminated, and sue those who wrongfully terminate them. Click here for more information on Wrongful Termination.

Discrimination and Harassment

We represent victims of prohibited discrimination and harassment, whether it is based on race, color, religious creed, sex, marital status, age, national origin, physical disability, mental disability, medical condition, ancestry, sexual orientation, or other protected category. One main category in this area is sexual harassment. Click here for more information on Sexual Harrassment.

We file complaints with administrative agencies and lawsuits in the courts in such matters.

Public Employees

Public sector employees have special rights, and procedures applicable to their employment. We represent public employees, in all of the areas mentioned above, and with the unique issues that arise in public sector employment.

Last updated: 5/4/2005