Frequently Asked Questions

What does a Labor & Employment Attorney do and why would I ever need one?

What does a Labor & Employment Attorney do and why would I ever need one?

Are Employers Required to Grant Employees Leave to Attend Alcohol/Drug Rehabilitation?

Are Employers Required to Grant Employees Leave to Attend Alcohol/Drug Rehabilitation?

What may an Employer Lawfully Deduct from an Employee’s Final Paycheck?

What may an Employer Lawfully Deduct from an Employee’s Final Paycheck?

Can an Employer Legally Deduct Breakage From a Non-Exempt Employee’s Compensation?

Can an Employer Legally Deduct Breakage From a Non-Exempt Employee’s Compensation?

Is Company Required to Reimburse Employees for Business Use of Personal Cars, phones, Computers?

Is Company Required to Reimburse Employees for Business Use of Personal Cars, phones, Computers?

Is an Employer Required to Pay a Salaried Employee Overtime for After-Hours or Weekend Work?

Is an Employer Required to Pay a Salaried Employee Overtime for After-Hours or Weekend Work?

Can an Employer Limit Damages an Employee Recovers for Unlawful Harassment if S/He Chooses to Sue?

Can an Employer Limit Damages an Employee Recovers for Unlawful Harassment if S/He Chooses to Sue?

Can an Employer Legally Change the Hours of Work and Workdays of Its Non-Exempt Non-Union Employees?

Can an Employer Legally Change the Hours of Work and Workdays of Its Non-Exempt Non-Union Employees?

How to Review and Negotiate a California Severance Agreements

How to Review and Negotiate a California Severance Agreements

Legal Compliance by Former Employee Who Opens Competing Company

Legal Compliance by Former Employee Who Opens Competing Company

Supervisor Training on Reporting Employment-Related Matters

Supervisor Training on Reporting Employment-Related Matters

How to provide Supervisors with Required Unlawful Harassment Training?

How to provide Supervisors with Required Unlawful Harassment Training?

Can California Employers Require All Employees to Execute Severance Agreements Not to Sue the Company?

Can California Employers Require All Employees to Execute Severance Agreements Not to Sue the Company?

Have an Outdated California Employee Handbook? Update Now!

Have an Outdated California Employee Handbook? Update Now!

What Are the Legal Ramifications of an Outdated Employee Handbook, by a California Employer?

What Are the Legal Ramifications of an Outdated Employee Handbook, by a California Employer?

Is an Attorney Demand Letter Conditioning Payment of Six Figure Settlement Extortion?

Is an Attorney Demand Letter Conditioning Payment of Six Figure Settlement Extortion?

Legal Obligations Upon Receipt of an Attorney Letter Claiming the Company Violated Employment Laws?

Legal Obligations Upon Receipt of an Attorney Letter Claiming the Company Violated Employment Laws?

What do to when Employee Requests Copies of All Payroll-Related Records

What do to when Employee Requests Copies of All Payroll-Related Records

What Are a Company’s Obligations When an Employee Requests Copies of all Signed Documents?

What Are a Company’s Obligations When an Employee Requests Copies of all Signed Documents?

How to Handle Personnel File Request by Former Employee

How to Handle Personnel File Request by Former Employee

What Should You Do if a Former Employee is Seeking Unemployment Insurance Benefits?

What Should You Do if a Former Employee is Seeking Unemployment Insurance Benefits?

Unlawful Actions by Former Employee

Unlawful Actions by Former Employee

What is a Constructive Discharge?

What is a Constructive Discharge?

What Actions Can a California Company take in Response to Reported Off-Duty Employee Conduct?

What Actions Can a California Company take in Response to Reported Off-Duty Employee Conduct?

Is a Company Legally Responsible to Pay for the Defense of Accused Named in Sexual Harassment Lawsuit?

Is a Company Legally Responsible to Pay for the Defense of Accused Named in Sexual Harassment Lawsuit?

Can California Employees be held Personally Liable for Violations of Employment Laws?

Can California Employees be held Personally Liable for Violations of Employment Laws?

What are California Pregnancy Disability Leave Laws?

What are California Pregnancy Disability Leave Laws?

Issues with Long-Term Disabled Employees Returning to Work

Issues with Long-Term Disabled Employees Returning to Work

Missing Work With Doctors Note. What are the Company’s Rights?

Missing Work With Doctors Note. What are the Company’s Rights?

What are California Family and Medical Leave Laws

What are California Family and Medical Leave Laws

What are California Employment Paid Sick Leave Laws

What are California Employment Paid Sick Leave Laws

What To Do If A New Hire Oversold Their Qualifications

What To Do If A New Hire Oversold Their Qualifications

What to do After Receiving an Anonymous Sexual Harassment Complaint

What to do After Receiving an Anonymous Sexual Harassment Complaint

What do do When An Executive Resigns and Joins The Competitor

What do do When An Executive Resigns and Joins The Competitor

Suspected Unfair Competition From Company Salesperson

Suspected Unfair Competition From Company Salesperson

Why Does Our Company Need to Retain an Outside Workplace Investigator?

Why Does Our Company Need to Retain an Outside Workplace Investigator?

Liability for High-Revenue Producer Accused of Harassment

Liability for High-Revenue Producer Accused of Harassment

How to Terminate Employees Who Know Confidential Information

How to Terminate Employees Who Know Confidential Information

How To Prevent Long-Term Elderly Employees from Suing

How To Prevent Long-Term Elderly Employees from Suing

What to do after Receiving Notice of an Employment-Related Claim

What to do after Receiving Notice of an Employment-Related Claim

What is the Cost of Retaining a Labor & Employment Attorney

What is the Cost of Retaining a Labor & Employment Attorney

What to Consider When Hiring a Labor & Employment Attorney

What to Consider When Hiring a Labor & Employment Attorney

What Does a Labor & Employment Attorney Do and Why Hire One?

What Does a Labor & Employment Attorney Do and Why Hire One?

Resources

Because we are always asked by prospective and actual clients, colleagues and others for links to additional legal resources, we have compiled an initial list that we will continue to supplement. We hope it is helpful to you.

CALIFORNIA BUSINESS ENTITY INFORMATION

California’s Secretary of State website provides available information on corporations, limited liability companies and limited partnerships of record with the California Secretary of State, including, unlimited free uncertified PDF copies of the most recent Statements of Information filed for corporations and limited liability companies if the statements have been imaged.

California Business Search

This link provides free online access to certain corporation, limited liability corporation liability company and limited partnership information including, the entity formation, registration, or conversion date, status, address and name and address of the agent for service of process.

California Publicly Traded Business Disclosure Search

This link provides free on-line access to information contained in Corporate Disclosure Statements filed by publicly traded corporations.

California Business Entities Records- Information & Fees

For more information on company information and obtaining records.

CALIFORNIA COURTS

California State Courts

California’s court system is the largest in the nation.  The vast majority of cases begin in one of the 58 superior or trial courts which reside in each of the state’s 58 counties. The next level of judicial authority resides with the California Courts of Appeal typically when it involves the review of superior court decision contested by a party to a case.  There are six appellate districts. The California Supreme Court serves as the highest court in the state and has discretion to review decisions of the Court of Appeal in order to settle important questions of law and to resolve conflicts among the Courts of Appeal.

Los Angeles Superior Court

Los Angeles Superior Court covers a vast region including, Antelope Valley, downtown Los Angeles, San Fernando Valley, San Gabriel Valley, South Bay, Southeast LA, Westside, Eastside, and the Vertugos. 14 Courthouses handle civil cases.

The website allows you to conduct online searches for a variety of information, including, case calendars, court reservation system, civil party name search, accessing/ordering copies of information on a particular court case, courtroom location, and even tentative rulings by the trial court.

The Court Date Calculator is a handy tool to verify due dates based on the Los Angeles Superior Court local rules.

The Forms page have links to the State Judicial Council Approved Forms and Local Forms for most up-to-date approved forms, such as form interrogatories or case management conference forms.

Filing Fees: The Civil Fee Schedule- Effective 7/1/16

Court Rules: California Rules of Court & Los Angeles Court Local Rules

California Federal Court, Central District of California

The vast majority of California court cases are filed in state court because the California employment laws, rules and just about everything else are more liberal and employee-friendly.  However, employers, for the most part, would rather litigate in federal court for a variety of reasons, including a unanimous jury is required on jury issues. The most common way employers can move a case to federal court is by “removing” the case if the employer can meet the requirements for removal.

The Central District of California is divided into Western, Eastern and Southern Districts.  Los Angeles is in the Western Division.

Central District of California Court Procedures: Federal Courts have their own local rules, forms, orders, and filing procedures. Often times, the assigned Judge issues their own procedures and standing orders that parties must also strictly comply.

Electronic Filing and Case Management: Electronic filing in the Central District of California in all civil cases, unless an exemption applies under the local rules. The Case Management/Electronic Case Filing (CM/ECF) System is the federal judiciary’s case management system for all appellate, district and bankruptcy courts.  The system allows courts to accept filings and provide access to filed documents over the internet. To file documents, you need to request a CM/ECF login and password. Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information and download copies at $0.10 per page from the federal appellate, district and bankruptcy courts via the Internet.  You can establish a PACER account online or contact the PACER service center at (800) 676-6856).

EMPLOYEE GROUPS & INFORMATION ON EMPLOYEE RIGHTS

California Employment Lawyers Association (CELA)

CELA is a statewide membership-only organization of attorneys representing employees whose mission is to promote the interests of employees and to assist the lawyers who represent them.  CELA does not represent people or give legal advice or provide lawyer referrals. The organization online discussion forum is where CELA members share information about their cases, opposing counsel, judges, mediators and participate in the community of California employee advocates.

National Employment Lawyers Association (NELA)

NELA is the country’s largest professional organization that is exclusively comprised of attorneys who represent employees.  Its publications and on-line library has free resources on various employment law topics.

National Whistleblowers Center (NWC)

NWC is the leading whistleblower advocacy organization protecting the right of individuals to report wrongdoing without fear of retaliation.  NWC is the leading source of information on whistleblower law.

Workplace Fairness (WF)

Workplace Fairness provides online resources for free information about workplace rights.

CalJobs is California’s no-fee internet job search database.

EMPLOYER GROUPS & HUMAN RESOURCES ORGANIZATIONS

Human Resource Professional & Membership Programs – HROIC is a membership organization that is run by employment attorneys and highly experienced human resources professionals and provides two types of membership programs:

  1. The Employer Membership Program is for employers seeking human resources expertise, compliance, smart tools, buying power, solutions, resources, reliable answers, trusted support and better than best human resource practices.
  2. The Professional Membership Program is for human resources firms, consultants, coaches, trainers, solopreneurs, recruiters, expert witnesses & workplace investigators seeking growth, resources & community.

Professionals In Human Resources Association (PIHRA)

Networking organization and access to HR Compliance Center forms.

Society for Human Resource Management (SHRM)

Similar to PIHRA.  Ask an HR Advisor Service, webcasts, samples & forms, publications, newsletters.

California Chamber of Commerce

This is the best place to purchase posters, notices & pamphlets and obtaining more general information.

FEDERAL AGENCIES ENFORCING FEDERAL EMPLOYMENT LAWS

United States Department of Labor (DOL)

The DOL is the federal enforcement agency for employment issues arising under Federal laws such as, the Fair Labor Standards Act (FLSA, wage and hour law), the Family & Medical Leave Act (FMLA, leave for serious health conditions and care for others applicable to employers with 50 or more employees), Consolidated Omnibus Budget Reconciliation Act (COBRA, continuation of health benefits for limited time and specified circumstances)and Employee Retirement Income Security Act (ERISA, sets standards for most voluntarily established pension and health plans);  Occupational Safety and Health Administration (OSHA, sets and enforces standards safe and healthful working conditions for workers); and Equal Employment Opportunity (EEO, laws prohibit discrimination) laws.

Whistleblower, Retaliation and Discrimination Claims under Federal Laws

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Coverage/Process for Filing Charges

EEOC-Employer Coverage

EEOC- Time Limits for Filing an EEOC Charge

EEOC- Filing a Charge of Discrimination

EEOC- Check the status of EEOC Charge

EEOC-Freedom of Information Act (FOIA)

Federal Laws Enforced by EEOC

Title VII of the Civil Rights of 1964 (Title VII)

The Equal Pay Act of 1963 (EPA)

The Age Discrimination in Employment Act of 1967 (ADEA)

Titles I and V of The Americans with Disabilities Act of 1990 (ADA)

The Genetic Information Nondiscrimination Act of 2008 (GINA)

EEOC Regulations

Prohibited Employment Policies & Practices

Remedies

Recordkeeping Obligations

EEOC -Employer Resources

EEOC- Small Business Resource Center

EEOC Outreach, Education & Technical Assistance

Court Decisions, Regulations & Federal Laws

Code of Federal Regulations

FedLaw at the Government Services Administration

U.S. Code at Cornell Law School

U.S. Federal Courts Home Page

U.S. Supreme Court Decisions on Findlaw.com

National Labor Relations Board (NLRB)

NLRB is the federal agency responsible for enforcing the National Labor Relations Act (“NLRA”), as well as conducting and certifying the results of union elections held pursuant to the provisions of the Act.

STATE AGENCIES ENFORCING CALIFORNIA EMPLOYMENT LAWS

California Labor & Workforce Development Agency (LWDA)

LWDA is an Executive Agency who oversees seven major departments, boards and panels that serve California businesses and workers. These include the Agricultural Labor Relations Board, California Employment Development Department, California Public Employment Relations Board, California Unemployment Insurance Appeals Board, Department of Industrial Relations/Labor Commissioner and Employment Training Panel.

California Department of Industrial Relations (DIR)

The DIR protects and improves the health, safety and economic well-being over wage earners and helps employers comply with state labor laws.  DIR is housed within the LWDA. The Frequently Asked Questions include the most widely asked questions from workers and businesses in California.

California DIR Labor Commissioner’s Office

DLSE Office Locations

California Leaves of Absences

Paid Family Leave

Paid Family Leave (PFL) provides short-term benefits to eligible workers who have a full or partial loss of wages due to a need to care for a seriously ill family member ot to bond with a new child entering the family.  California EDD Paid Family Leave (PFL) Fact Sheet

California Personal Leaves of Absences

Personal leaves of absence are required in California for Family Leave, Sick Leave, Jury Duty, Emergency Duty as a Volunteer Firefighter, Reserve Police Officer or Emergency Rescue Personnel, Time off to Visit School, Vote, Drug and/or Alcohol Rehabilitation, Literacy Assistance, Temporary Military Leave and/or Reserve Duty.

California Paid Sick Leave Law

California’s Paid Sick Leave Law, Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide paid sick leave to eligible employees.  California employers must also comply with local ordinances.  California Paid Sick Leave Law and Local Ordinances is a good summary of the law and ordinances through 9/16.

Division of Occupational Safety and Health (Cal/OSHA)

Cal/OSHA sets and enforces safety and health standards in the California workplace.

Safety Programs

Cal/OSHA has a Consultation Service that is entirely separate from Cal/OSHA’s Compliance Unit. At the employer’s request a Cal/OSHA consultant will make an onsite visit and assist the employer in identifying any existing violations. Cal/OSHA consultants do not cite employers for safety and health violations. Instead, advice is given on how to correct the violations. A reasonable abatement plan is agreed upon. However, if the employer refuses to abate an imminent hazard or serious violation, the Cal/OSHA Compliance Unit would be notified. The Cal/OSHA Consultation Service can be reached at (415) 703-4050.

Injury and Illness Prevention Program

Every California employer for each facility must maintain a written Injury and Illness Prevention Program. Requirements for such a program can be obtained from the OSHA at www.dir.ca.gov/dosh or by writing the Division of Occupational Safety and Health, P. O. Box 420603, San Francisco, CA 94142.

California DWC Division of Workers’ Compensation (DWC)

The DWC monitors the administration of workers’ compensation claims and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.

General

California DWC Employer Information

California DWC Office of Self Insurance Plans (OSIP)

California DWC Forms

Workers’ Compensation Insurance Coverage.

All employers, except the state, are required to have workers’ compensation insurance to cover injuries or illnesses sustained on the job. (Labor Code §3700, et seq.) An employee who suffers a work-related injury or illness that requires medical treatment beyond first aid must notify his or her employer in writing within 30 days of the injury or illness. (Labor Code §5400) An employer must provide a claim form to an employee within 24 hours of the reported work-related injury or illness. (Labor Code §5401) Contact the Division of Workers Compensation for more information regarding workers’ compensation claims and benefits or visit their website for information at www.dir.ca.gov/dwc.

Injuries at Work & Employer’s Reporting Requirements

An employer must file a report with the Division of Labor Statistics and Research or the workers’ compensation insurance carrier for every occupational injury or illness that results in loss-time beyond the date of injury or illness, or that requires medical treatment beyond first aid.

This report must be filed within five (5) days after the employer learns of the injury or illness. A death or serious injury or illness (requiring hospitalization for more than 24 hours other than for purpose of observation) must be reported to the Division of Occupational Safety and Health by telephone or telegraph within 24 hours after the employer knows or should have known of the death or illness. (Title 8, California Code of Regulations, §342)

California DWC Injured at Work

California DWC Fact Sheet for Employers

California DWC 1 DWC Claim Form & Notice of Potential Eligibility

California DOSH Form 5020- Employer’s Report of Occupational Injury Or Illness

California DWC Disability Accommodations

California DWC Electronic Adjudication Management System (EAMS)

California DWC Workers’ Compensation Appeals Board (WCAB)

Search for public information on Workers’ Compensation Cases

Employers must also maintain, in each establishment, a log of all-recordable occupational injuries and illnesses for that establishment. Reporting Forms 300, 300A and 301.

California Department of Fair Employment and Housing (DFEH)

The DFEH is the state agency charged with enforcing California’s civil rights laws.  The Complainant is the individual filing a complaint. The Respondent is the person named in the complaint.

Process for Filing DFEH Complaint

California DFEH Complaint Process

California DFEH Respond to a Complaint

California DFEH- Laws and Regulations that Govern DFEH

California DFEH FAQ’s

DFEH Resources : Fact Sheets, Brochures and Information

Contact Us

Although most of our clients are located in the Southern California area, we represent clients throughout California, such that we often work remotely. The best way to contact us is either by completing the contact form or calling our office at 424-249-3631.

Call 424-249-3631 for a free initial consultationCall 424-249-3631 for a free initial consultation



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