Frequently Asked Questions
Answers to common questions California employers have about labor and employment law. For advice on your specific situation, please contact our office directly.
General Labor & Employment Law
It is a process where the California Labor Commissioner's Office resolves wage claims filed by employees. It typically starts with a settlement conference and can proceed to a formal hearing, which is like a mini-trial where evidence is presented. It is crucial to have legal representation, as the outcome is a legally binding decision.
California has numerous unique laws regarding leave, harassment prevention, and wage and hour rules that are not covered by generic, national handbooks. A state-specific handbook is a critical tool for demonstrating compliance and defending against lawsuits.
You should contact an attorney before making high-risk decisions like terminating an employee, when you receive any notice from a government agency like the DLSE or CRD, or when you are served with a lawsuit. Proactive counseling is always less expensive than reactive litigation.
Wrongful Termination
Do not ignore the threat. You should immediately contact an experienced employment defense attorney to discuss the situation. Avoid communicating directly with the former employee or their lawyer. We can help you preserve evidence and formulate an appropriate initial response.
Yes. While "at-will" employment provides broad discretion, it does not protect you from claims that the termination was motivated by illegal reasons, such as discrimination or retaliation. An attorney can help you demonstrate that the termination was for a legitimate, lawful reason.
The costs can be substantial, including back pay, emotional distress damages, punitive damages, and the plaintiff's attorney's fees, which can easily run into six or seven figures. A strategic defense aims to resolve the matter as early and cost-effectively as possible.
Harassment & Discrimination
You must take the complaint seriously and act immediately. The first step is to initiate a prompt, impartial, and thorough investigation into the allegations. Contacting legal counsel at this stage is critical to ensure the investigation is conducted properly and to protect your company.
A hostile work environment is created by unwelcome conduct based on a protected characteristic that is so "severe or pervasive" it alters the conditions of employment and creates an abusive working environment. This is a high legal standard, and we can help you analyze whether the alleged conduct meets it.
The best protection is prevention. This includes having a clearly written anti-harassment policy, providing mandatory training to all employees (especially supervisors), and ensuring you have a clear and confidential procedure for employees to report complaints without fear of retaliation.
Class Action & PAGA Defense
A class action requires a judge to certify that a group of employees have enough in common to sue together. A PAGA claim does not require class certification, allowing a single employee to sue for penalties on behalf of all other employees, making it a more potent weapon for plaintiffs' attorneys.
It's complicated. While the U.S. Supreme Court's *Viking River Cruises* decision allows for individual PAGA claims to be sent to arbitration, the employee may still be able to pursue representative PAGA claims in court. This is a rapidly evolving area of law that requires expert legal analysis.
The most effective way is to conduct regular, privileged compliance audits with experienced legal counsel. Focusing on high-risk areas like meal and rest break policies, timekeeping accuracy, and proper employee classification can significantly reduce your vulnerability.
California Employer Attorney
Have More Questions?
This information is for general guidance only and is not a substitute for legal advice. Contact our experienced employer defense attorneys for a free and confidential 15-minute consultation to discuss your specific case.
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"Facing a PAGA lawsuit was the most stressful experience for our business. Their team's expertise and aggressive strategy were instrumental in achieving a favorable outcome. We couldn't have done it without them."
Raquel TaylorOwner, Zenith Fast Foods, Inc 
"They successfully defeated class certification in our case, saving us from potentially millions in liability. Their attention to detail and deep knowledge of class action law is truly impressive."
Mark KrainerVice President, Klassic Engineering
"The best defense against a class action is a good offense. Their proactive compliance audit identified and fixed our vulnerabilities before they could be exploited in a lawsuit."
Ella PerezOnwer, Cipex International, Inc 
