Orange County, California Employment Lawyer, Employment Discrimination Attorney, Sexual Harassment Lawyer, Wrongful Termination Lawyer, Military Rights Lawyer, Wage and Hour Dispute Attorney, Human Resources Attorney, Injury and Illness Prevention Programs  - Jules Miller, Attorney at Law

Employment Law is Complex! Contact the Law Offices of Jules Miller in Orange County

employment law - jules miller attorney at law, orange county, caEMPLOYMENT LAW IS COMPLEX!

You have both rights and obligations under the numerous Employment Laws. If you don’t know what your obligations are, or if you ignore them, you usually can kiss your rights good-bye.

Even if you think you know what the law is, are you sure you know both sets of laws? There are Federal employment laws and California employment laws, and the two often conflict. For example, the same employee may be entitled to overtime under California laws but not under Federal laws. Let’s say her employer classifies her as “exempt” from overtime because she is a manager. Let's also say she is required to spend the majority of her working time doing non-management tasks, but her employer considers the management tasks she does as the more important. Federal law has a “primary duty” standard, so she is properly classified as exempt under Federal law and not entitled to overtime. California law has a “predominantly engaged in” standard, so she has been misclassified as exempt under California law, and she is entitled to overtime.

Call us at (949) 240-9326 to find out your rights and obligations in the following employment areas:

Hiring: We will tell you which interview questions are permitted and which questions are unlawful; when a background investigation is lawful; if some “accommodation” in the structure of the job is required; and whether a selection process provides a valid basis to sue.

Discrimination: You probably know it’s unlawful to discriminate on the basis of race, color, national origin, gender, pregnancy, sexual orientation, age, and disability, but we can tell you what the many other “protected categories” are and whether an employment decision is lawful or unlawful discrimination. More importantly, we know what to do when employment discrimination has occurred.

Harassment: Sexual harassment is unlawful, but so are many other types of harassment. We can determine whether an employer has a hostile work environment, whether “this for that” harassment happened, and what to do about it.

Safety: OSHA cares about safety, and so do we. Most employers have Injury and Illness Prevention Programs, but some are legally insufficient and many are ignored. We’re available to advise what to do after an injury occurs.

Retaliation: The most overlooked employer activity that leads to litigation is retaliation. Even when there has been no discrimination or harassment, an employee who complains about that or about other perceived illegal employer actions has substantial rights to protection. We are familiar with and able to advise on anti-retaliation protection.

Military Rights: We are veteran-owned and dedicated to supporting those who protect America from foreign enemies. Employees who want leave to visit their spouses in the military, reservists who want time off to participate in training, and returning military members who cannot be fired except for cause are all protected by statutes. Some statutes are hard to understand, but we will interpret them.

Human Resources: The “Three Ps” that give you many additional rights (and some obligations) are Policies and Procedures and Practices. We can review employee manuals for the proper policies, and we can examine procedures and practices to determine whether policies are followed.

Wage and Hour Issues: In addition to exempt/overtime issues, many employee claims involve lunch periods and breaks. Employees are entitled to minimum 30-minute meal periods within the first five hours of work, during which time they are free to leave the premises, relieved of all duties, and not required to work in any way. Employers must clearly communicate that employees are allowed to take paid ten minute rest periods for every four hours or major fraction thereof worked. We can determine whether an employer’s practices have complied with the law, or whether employees are entitled to one hour's pay for every day they have not received a proper meal or rest period, plus other penalties.

Terminations: California has an “at-will” employment statute, but there are so many exceptions to it that it usually doesn’t matter. Even when an employer has a lawful right to do a reduction-in-force during bad economic times, the employer must select the employees to be RIF'd in a lawful manner. Severance agreements are becoming very common, but never sign one without legal review and advice. We are available to provide that review and advice.


Useful Employment Law Link:

California Labor Code