California Employment Lawyer

You hire workers because you know they contribute invaluable talents to your enterprise. You could not do without them. However, workplace tensions can sometimes escalate into full-blown catastrophes. As such, it is crucial to mitigate future employment problems by working with an experienced attorney at Sparks Law.

Our California employment lawyers can ward off potential issues and help you implement proper workplace practices. We can also advocate for you in court or before regulatory boards if problems do arise. Our legal team understands the balance between fostering a nurturing workplace and dealing with disgruntled employees.

The Scope of an Employment Lawyer’s Services

All California businesses should work with an employment attorney to create a protocol for dealing with employees. Sparks Law provides a range of services to address your employment issues, including:

  • Creating plans for employers to terminate non-performing employees
  • Providing employment agreements that outline employee rights, duties, benefits, termination procedure, and severance packages
  • Providing non-compete, non-solicitation, and confidentiality agreements
  • Drafting employee handbooks to be distributed and accepted by all employees
  • Crafting employee grievance procedures
  • Setting up document repositories

Our dedicated employment lawyers could also defend employers that are charged with state or federal workplace violations in California.

Employee Complaints Lead to Lawsuits and Regulatory Action

Historically, some employee grievances against employers stand out. These include claims that employers paid less than minimum wage and denied overtime pay, violating state and federal laws. Sexual harassment and discrimination claims are also prevalent and can be turned over to regulatory agencies as well as litigated in court.

California Minimum Wage Violations

The federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour. Under Senate Bill (SB) 3, effective January 1, 2021, California increased its minimum wage to $14.00 per hour for employers who have twenty-six or more employees and $13.00 per hour for twenty-five or fewer workers. Some adjustments apply for tipped employees and other workers.

Employers do not get to choose between the federal and California minimum wage—the higher state wage will apply. Failing to pay the state minimum wage could result in fines and penalties. If an employer is called before a regulatory board for wage violations, our tenacious local attorneys could use documented employment logs to craft a strong defense.

Workplace Discrimination Claims

Workplace discrimination is actionable under California and federal laws. The Equal Employment Opportunity Commission (EEOC) lays out guidelines that govern different types of discrimination. Businesses with one or more employees are required to pay men and women equally for a like job. Companies employing 15 to 19 people cannot discriminate because of employees’ religion, race, color, gender, including identity, sexual orientation, national origin, or disabilities. If a company employs at least 20 workers, it cannot discriminate against people based on age (40 or older).

Discrimination occurs when others marginalize a person or group. If a person or group creates a toxic work environment to make an employee resign, this also constitutes discrimination. A California employment attorney at Sparks Law can further discuss the ramifications of these workplace violations.

Sexual Harassment in the Workplace

Sexual harassment involves unwanted sexual advances and acts that a reasonable person could consider offensive. For instance, an employee who regularly tells off-color jokes may be offending fellow workers. Employers should work to prevent sexual harassment by consulting a California attorney on practices to implement in the workplace.

Retain a California Employment Attorney to Be Your Advocate

Employees come and go, but hopefully most contribute positively to your business and foster good relationships in the workplace. However, when problems do arise, you could be facing a regulatory board action or lawsuit. Let an experienced California employment lawyer at Sparks Law represent you in these situations and defend you in civil court or before a regulatory agency.

Our legal team can also help you set up your business to avoid future problems and handle any issues before they worsen. To ensure your company’s success, call today and set up an initial consultation.