California Employment Claims We Handle
Employers benefit from our firm’s ability to help them identify and resolve potential problems and exposure at all phases of the employment relationship, from recruiting and hiring to discipline, severance or termination for cause. Our employment attorneys play a crucial role in resolving these issues, especially when initial attempts fail. Our business clients also benefit from Callahan & Blaine’s extensive experience with litigation across the range of employment law issues:
- Discrimination on the basis of age, race, sex, disability or other prohibited classifications
- Sexual harassment investigations and defense
- Retaliatory termination and whistleblower complaints
- Unpaid overtime, wage and hour violations, or sales commission claims
- Defense of wage and hour class action lawsuits
- Disputes over sick leave, family leave, pregnancy or maternity leave, or vacation
- Independent contractor-employee classification issues
- Negotiation and enforcement of severance agreements, noncompete commitments and trade secrets protection
Our firm has extensive experience in handling various employment law cases, including harassment and wrongful termination claims.
In recent years, our Orange County employment lawyers have seen an increasing volume of employment litigation related to the sale of closely-held businesses, where the seller or key employees continue an employment or consulting relationship with the buyer. If anything goes wrong with the new enterprise, the seller and the buyer are likely to blame one another, and each might hold significant claims against the other.
Our experience with complex business litigation covers the employment dimensions of these disputes as well as their commercial and corporate aspects.
How Can an Orange County Employment Lawyer Help?
Employment law attorneys leverage their expertise to help our clients identify their strongest claims and defenses while finding the right forum for adjudicating a given set of claims. Whether your case ends up in state or federal court, in an administrative hearing or in arbitration will depend on the facts and the statutes most closely implicated in your case: the California Family Rights Act, the Fair Employment and Housing Act, the Unfair Business Practices Act, or such federal laws as the Federal Medical Leave Act or Title VII of the Civil Rights Act.
California Employment Laws FAQ
Federal and California employment laws are exceedingly complex and growing more complicated with each passing year. California employment law, in particular, requires specific expertise due to its detailed nature. To help employers and employees understand some of the key issues, we answer some of the most frequently asked employment law questions:
California law provides protections for whistleblowers who report unsafe work conditions. Individuals terminated for such actions may have grounds for legal claims, including retaliation and wrongful termination.
Does the mere signing of an agreement stipulating that a worker is an independent contractor actually establish independent contractor status?
No. If a dispute arises over the status of a worker, the Labor Commissioner or the court will look at the underlying facts of the situation to determine whether the worker is truly independent or is an employee according to the law.
What rights does an employee have regarding overtime pay?
A worker who is not an independent contractor is classified as either exempt or nonexempt from overtime laws. A nonexempt employee is entitled to claim overtime pay provided that certain conditions are met. A nonexempt employee is eligible for 1½ times the regular rate of pay for each hour worked over eight hours a day and 40 hours per week.
Who is exempt from overtime pay laws?
This is a complex area of employment law. In general, these types of employees are exempt from overtime pay laws, though some employees in these fields may be eligible for overtime pay:
- Executive, administrative and professional workers
- Certain employees in the software field
- Outside salespersons
- Any person who is the parent, spouse, child, or legally adopted child of the employer
- Employees who are covered by a collective bargaining contract or the Railway Labor Act
- Taxicab drivers
- Carnival ride workers who work for a traveling carnival
- Professional actors
- Employees who earn more than 1½ times the minimum wage and get more than half of their compensation from commissions
What are the potential consequences if an employer improperly classifies a worker as an independent contractor?
The employer may face legal action and if it is found to have improperly classified a worker, the employer may have to provide compensation for past overtime work, certain benefits, workers’ compensation coverage, and more. In this event, the worker can either file a claim with the Division of Labor Standards Enforcement or in civil court.
What are an employer’s responsibilities regarding mealtimes?
When an employee must work a shift of five hours or longer, the employer is required to provide a meal period of not less than 30 minutes. However, if the shift is six hours or less, the meal period requirement can be waived with the mutual consent of the employee and employer. There is an exception to this rule for employees in the motion picture industry. They cannot work longer than six hours without a meal period of 30-60 minutes.
If the shift lasts 10 hours or more, a second meal period of at least 30 minutes must be provided. But if the shift is 12 hours or less, the second meal period can be waived by mutual consent of the employee and employer, if the first meal period was not waived.
What rights does an employee have if he or she has been denied meal breaks in violation of the law?
Failure to provide meal breaks as required by law can prove very costly for an employer. An employee may be entitled to claim one hour of pay for each meal period that was denied. A single claim could, therefore, amount to thousands or tens of thousands of dollars.
There is a three-year statute of limitations for such claims. Let’s say that an employee earns $25 per hour. If the employee works full-time, the employer’s potential liability could total:
$25 x 250 days worked each year x 3 years = $18,750
What is wrongful termination?
Generally speaking, employment in California is on an at-will basis. This means that an employer can terminate an employee for any lawful reason. Termination because of discrimination, retaliation, whistleblowing, or fraud is not legal. A person who has been fired for one of these reasons can file a wrongful termination lawsuit and may be eligible for compensation.
Employment Litigation
Employment litigation presents significant challenges for businesses across Orange County. These complex legal disputes arise when workplace practices lead to employee claims against companies, potentially resulting in costly lawsuits, damaged reputations, and operational disruptions. Understanding how to navigate these legal challenges is crucial for protecting your business interests and maintaining a productive workplace environment while preparing for the possibility of defending against claims in court or during settlement negotiations.
At Callahan & Blaine, PC, our Orange County business litigation attorneys provide comprehensive labor and employment law counsel to businesses of all sizes, from Fortune 500 corporations to mid-market companies and entrepreneurial start-ups. With over 40 years of experience defending and representing Orange County’s largest companies in complex business litigation trials, we offer unparalleled legal representation for employment-related matters and have established ourselves as California’s premier litigation firm.
Common Types of Employment Litigation
Employment litigation encompasses various legal disputes between employers and employees. These cases often involve allegations that an employer has violated state or federal employment laws. Navigating these complex legal matters requires experienced legal representation to protect your business interests and minimize potential damages or liability.
The most frequent employment litigation cases our attorneys handle include the following:
- Wrongful termination claims where former employees allege they were fired for illegal reasons such as discrimination, retaliation for whistleblowing, or exercising legal rights under federal or state law
- Wage and hour disputes involving allegations of unpaid overtime, minimum wage violations, improper employee classification, meal and rest break violations, or other compensation-related issues
- Discrimination claims based on protected characteristics such as race, gender, age, disability, religion, national origin, or other categories recognized under federal and California employment laws
- Sexual harassment allegations that may create a hostile work environment or involve quid pro quo situations that require thorough investigation and strategic defense
- Retaliation claims where employees allege adverse actions after reporting illegal activities, filing workers’ compensation claims, or exercising other legally protected rights
Understanding these common claims helps businesses implement preventative measures to minimize litigation risks. Our attorneys work closely with companies to develop comprehensive compliance strategies tailored to their specific industry and operational needs, drawing on decades of experience in employment defense.
Defending Against Employment Claims
When your business faces employment litigation, mounting a strong defense is essential. Effective defense strategies may involve thorough investigation, careful analysis of applicable laws, and strategic negotiation or litigation tactics. Our approach focuses on resolving disputes efficiently while protecting your business interests and reputation in the marketplace.
Early Case Assessment
The first step in defending against employment claims involves a thorough evaluation of the case’s merits. Our attorneys conduct comprehensive investigations to gather all relevant facts and evidence. This assessment helps determine the strength of the employee’s claims and identify potential defenses early in the process, allowing for strategic planning from the outset.
We examine documentation, including employment policies, personnel files, performance evaluations, disciplinary records, attendance records, and communications related to the dispute. This evidence often proves crucial in establishing legitimate business reasons for employment decisions and demonstrating compliance with applicable laws. Our attorneys leave no stone unturned when building your defense case.
Strategic Defense Planning
Based on our initial assessment, we develop customized defense strategies aligned with your business goals and legal position. Our approach may include a variety of tactics designed to achieve the best possible outcome while considering cost-effectiveness and business impact.
Filing motions to dismiss baseless claims early in the litigation process to minimize costs and business disruption. These pre-trial motions may successfully eliminate some or all claims before proceeding to discovery or trial, saving significant legal expenses and management time. Our attorneys are skilled at identifying procedural and substantive weaknesses in plaintiffs’ claims that can lead to early dismissals.
Engaging in strategic negotiations when appropriate to reach favorable settlements that limit financial exposure and negative publicity. Alternative dispute resolution methods like mediation may provide more efficient and cost-effective resolutions than protracted litigation. Our attorneys have successfully mediated hundreds of employment disputes, saving clients substantial litigation costs while achieving favorable outcomes.
When litigation becomes necessary, our trial attorneys bring extensive courtroom experience to aggressively defend your business. Our track record includes numerous defense verdicts in employment cases, including a stunning 12-0 defense jury verdict after a two-month trial in a major employment case brought against one of Orange County’s largest corporations. We prepare meticulously for trial, developing compelling narratives supported by evidence and witness testimony.
Preventative Measures
The most effective way to manage employment litigation risk is through preventative measures designed to ensure compliance with employment laws and foster positive workplace relationships. Proactive legal guidance can help businesses avoid many common pitfalls that lead to employment claims and create a culture of compliance throughout the organization.
Our attorneys work with businesses to implement comprehensive compliance programs tailored to their specific needs. We help develop clear employment policies, employee handbooks, and training programs designed to prevent discrimination, harassment, and other workplace issues before they arise. Regular training for managers and supervisors on proper documentation and handling of employee issues can significantly reduce litigation risk.
Regular legal audits of employment practices can identify potential areas of vulnerability before they result in claims. These reviews examine classification of employees, wage and hour practices, performance evaluation systems, and termination procedures to ensure compliance with current laws and regulations. Staying ahead of evolving employment laws is critical, particularly in California where employment regulations frequently change and expand.
Contact Callahan & Blaine for Employment Litigation Defense
Employment litigation can significantly impact your business operations, finances, and reputation. With 40 years of experience and 30 highly experienced trial lawyers, Callahan & Blaine provides exceptional representation in employment litigation matters throughout Orange County and Southern California. Our attorneys bring depth of knowledge and strategic thinking to every case we handle.
Our attorneys have obtained numerous landmark verdicts and settlements, including the largest jury verdict in Orange County history – $934 million in a complex business litigation case. When your business faces employment litigation challenges, trust the attorneys with a proven record of success in complex business disputes. Contact us today at (714) 241-4444 or through our contact form.
Free Consultation With an Employment Lawyer in Orange County, CA
Every Orange County employment law attorney at Callahan & Blaine is an experienced and accomplished litigator who can meet the demands of an employment lawsuit, whether presented as a freestanding claim or as part of a broader dispute. To learn more about our ability to represent your interests effectively on either side of an employment dispute, contact Callahan & Blaine in Santa Ana.
