Nearly Over 30 Years Of Representing Businesses And Their Owners

California Labor And Employment Law Attorneys

Our firm of employment lawyers guides employers and employees through individual and class action claims filed under state or federal law and advises employers on current changes in the law to ensure compliance.

Employee handbooks – Guidance on FMLA, CFRA, PSL, PDL and many other government programs entitling employees to certain rights and benefits depending on the workforce size – counsel for cause terminations and compliance with provisions in the employee handbook.
Wrongful termination (The phrase “wrongful termination” is an umbrella covering a variety of situations and legal theories, all of which are united by a single common element: an employee who believes his or her employment was illegally terminated. This includes 132a actions brought under workers’ compensation claims.)
Discrimination/harassment litigation – This includes workers’ compensation, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, or litigation in state and federal courts. We also assist workers who wish to file a claim against their employer over quid pro quo or hostile work environment claims. We also help employers navigate and implement policies to prevent and reduce discrimination and sexual harassment claims.
Workplace discrimination – Whether you are the subject of workplace discrimination or facing accusations of it, we can help you understand how to proceed with your claim and navigate it appropriately.
Executive compensation agreements
Mediation/arbitration
Litigation – PAGA claims, Wage and hour violations, Meal and rest period violations, Labor commissioner claims, DFEH, EEOC and other administrative hearings.
Employment counseling
Secured and unsecured obligations
Union negotiations
Unpaid wage claims – If you are an employee who hasn’t been paid your wages or overtime pay, we can help you determine whether your employer’s actions violate California’s labor code.

Whether employers need seasoned employment law counsel or services, or employees need someone to protect their rights, they can count on us. Our employment law attorneys have years of experience and knowledge surrounding California labor law and can help you understand how to navigate your situation; our employment lawyers can help you protect your interests.

Independent Contractor Vs. Employee Classification

It is important for businesses to properly classify their workers as either employees or independent contractors. In California, the ABC test is used. This means that there is a presumption that anyone who works for the company is classified as an employee initially, but there are three conditions that must be met for someone to be considered a contractor:

They must be free from the direct control of the business.
They must perform work that is outside of what the business usually does.
They must be working in a trade that was established independently.

Essentially, the business is purchasing work from the independent contractor, but that individual is not an employee of the company and is not technically affiliated with it outside of this work. Misclassifying employees can lead to financial penalties, especially if it appears that the business is doing so intentionally for tax or other financial reasons.

Frequently Asked Questions About Employment Issues In California

Workplace problems can be stressful and confusing. Whether you’re dealing with discrimination, unpaid wages or unfair treatment, knowing your rights under California law can help you take the right next step.

I’m facing a legal issue at work. What should I do?

If you believe something is wrong at work, protect yourself right away. Start by documenting everything. Write down dates, times, names and details about what happened. Keep copies of emails, text messages, performance reviews or written warnings.

Next, don’t sign anything without getting advice first. Some employers ask workers to sign agreements that limit their rights or block future claims. Read everything carefully, and talk to a California employment law attorney before signing.

Finally, contact an attorney as soon as you can. An attorney can explain your options under California’s strong labor and employment laws, including protections against discrimination, retaliation and unpaid wages.

What’s the difference between a lawsuit and an administrative claim?

In California, an administrative claim is often your first step. You may need to file with a government agency before you can go to court. For example, discrimination or retaliation claims usually go through the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Wage or hour claims often go through the California Labor Commissioner’s Office (part of the Department of Industrial Relations).

A lawsuit happens in court. It can follow after an agency gives you a “right to sue” notice or if your claim doesn’t require agency review. Lawsuits can seek damages, back pay or other remedies that the agency process may not provide.

In short, an administrative claim starts the legal process with a state or federal agency. A lawsuit takes it to court if the issue remains unresolved.

What documentation should I gather?

Strong documentation can make a big difference in any employment case. Gather anything that helps show what happened. Examples include:

Pay stubs, time sheets or schedules
Emails, texts or letters about your job or the problem
Company policies or employee handbooks
Written complaints or HR reports
Performance reviews, warnings or termination notices
Contact information for witnesses

Keep these materials in a safe place outside of work. Having clear records helps protect your rights and supports your case if you decide to take legal action.

Can companies use noncompete agreements?

No. A noncompete agreement says that a worker can’t start a competing business or join one for a set amount of time after leaving their current job.

The Federal Trade Commission has essentially banned noncompete agreements. They were already difficult to enforce under California law, but now they typically don’t hold up across the entire country – outside of a handful of exceptions for high-level executives who have already signed such agreements.

When does a worker deserve a leave of absence?

There are several protected leaves in California, such as leave under the FMLA for family medical issues. Some workers may also qualify for a leave of absence if they are part of the military, if they need to take time off for school activities or if they have been victimized by criminal activity.

A crime victim leave of absence can apply if the individual or one of their family members is a victim, as they may need time to attend court dates and judicial proceedings.

For a military leave of absence, the person does not necessarily have to be deployed overseas to qualify. There may be obligations closer to home. For instance, if someone is in the reserves, they should get 17 days of leave every year. This is unpaid, but their job is protected.

Contact Our Employment Lawyers Today For A Confidential Consultation

What labor and employment law problems are standing in your way? Whether you are an employer or employee, we are here and ready to help.

To schedule a consultation about employment discrimination claims, labor relations or other issues, contact Coleman & Horowitt, LLP, by phone at 559-343-2648 or by email.