Representing Employees in Wage & Hour Disputes
We represent workers in lawsuits to recover wages and other benefits owed for their work. California has strict laws governing proper payment of minimum wages, regular wages, commissions, and overtime pay.
California employees are entitled to thirty minute “meal periods” for shifts lasting over five hours, and 10 minute “rest periods” for shifts lasting at least 3.5 hours. Employers are required to provide these breaks to employees, and employees are entitled to 1 hour of wages for a missed break. Employers should have comprehensive meal and rest period policies, assist employees in scheduling their breaks, and should maintain accurate records of employee breaks.
Employers sometimes incorrectly categorize their employees as exempt from overtime or as independent contractors. These employees are often underpaid. There are many misconceptions about how to correctly categorize an employee as exempt or non-exempt. For instance, many people think that if you are paid a salary you are not entitled to overtime, or if you make sales and are paid in commissions you are automatically exempt. Not true.
Discrimination, Harassment, & Wrongful Termination
Our firm fights to protect workers from discrimination in hiring, firing, or promotion, or any adverse employment action based on protected classes such as race, national origin, sexual orientation, gender, disability, or religion.
It is against the law for employers to fire, demote, or otherwise retaliate against employees who complain about unlawful activity at work or unsafe working conditions. Workers are also protected from retaliation for exercising their rights under the law, such as taking sick leave, asking about discrepancies in pay, and other questions about the workplace.
Wrongful termination comes in many forms. If your employer terminates you for any unlawful reason, you can sue them to recover damages such as pain and suffering, future pay, and the value of benefits lost due to your wrongful termination.
Contract & Severance Negotiations for Employees
Many employers offer severance pay because they want you to waive important rights or legal claims. Our firm negotiates on behalf of employees to try and maximize severance pay and negotiate favorable exit terms.
It is common in many professional spheres, particularly highly compensated ones, for employees to sign lengthy and expansive pre-employment agreements protecting confidential information, trade secrets, and detailing salary and incentive compensation schemes. Sometimes these contracts go above and beyond what California law allows, such as including non-compete clauses. We can counsel you in these negotiations and help you maximize your compensation package.
California has strict rules for bonuses, commissions, and other forms of incentive compensation, such as stock options. Our firm represents sales and other professional or executive level employees in disputes with employers over incentive compensation. Our firm also has experience with real estate commissions disputes.