California Labor Law Lawyer Interviews

Beverly Hills, CA: Employment attorney Shaun Setareh answers five commonly asked questions regarding California labor law by employees that are thinking of filing a wage and hour claim against their employer.

Beverly Hills, CA: Say that your employer refuses to provide you with meal breaks and/or rest periods, or your employer misclassifies you as an independent contractor to avoid overtime payment—you know your employer is violating the California Labor Law, so should you file an individual lawsuit or a class-action suit? Employment attorney Shaun Setareh discusses your options…

Oakland, CA: "Can my employer fire me if I am disabled?" is one of the most common complaints a California Labor Law attorney hears. "Being disabled is no guarantee that you won't be fired," says attorney Randall Crane, Law Office of Randall Crane, "but at the same time there are disability rights, particularly in the state of California."

Oakland, CA: If your business uses independent contractors, you would be wise to determine that they aren't misclassified as employees before the IRS knocks at your door. According to federal law and the California Labor Law, "You may be at risk for an employment tax audit," says attorney Leonard Emma of The Law Office of Randall Crane.

Oakland, CA: Workers can be "classified" (designated) as employees or independent contractors. "With the California labor law there is a presumption that workers are employees," says Leonard Emma of The Law Office of Randall Crane, and the burden is on employers to demonstrate that workers are independent contractors. Emma explains how improper classification of workers as independent contractors has far-reaching consequences.

Sacramento, CA: Although California was the first state to introduce anti-bullying legislation (2003), it is still prevalent in the workplace. "The most common forms of illegal harassment are from workplace bullies," says employee attorney Donna M. Ballman, P.A., "and they will stay a bully from playground to workplace." So when is harassment from your employer a violation of the California Labor Law?

Oakland, CA: "People most often call us when they have been terminated from their jobs," says employment lawyer Leonard Emma with The Law Office of Randall Crane. "While they may want to sue their employer for wrongful termination, they may not have a viable legal claim. So, in addition to addressing termination, we also evaluate cases for other potential California labor law violations."

San Diego, CA: California employees take note: California labor law and Wage and Hour Attorney Derek Emge discusses how the recent Supreme Court ruling (Apr 27, 2011)—where companies and/or employers can require employees to arbitrate disputes individually rather than joining forces in a class action—can impact you.

San Francisco, CA: There is some refreshing about an attorney like Patrick R. Kitchin who answers his own phone. Maybe that's not always the case, but on this day it was Kitchin, calm and collected, on the other end of the line. Kitchin has tugged on Ralph Lauren's shirttails over violations of California labor law a few times over the years and he's just obtained a $4 million mid-trial settlement on behalf over 6000 current and former employees who objected to the company's off the clock mandatory "bag check."

Los Angeles, CA: Why start small when you can start big? A young attorney from Los Angeles, who has just opened his own firm, has filed three separate class action suits against three very large companies. The cases all involve allegations of unpaid overtime, unpaid meal breaks or rest breaks and a raft of other violations of the California Labor Code affecting retail employees, secretaries, painters, cleaning staff and many other kinds of hourly wage workers.