Employment Law
A significant percentage of claims filed in California courts each year involve employment disputes. For that reason, most employers in California will at some point be in litigation with a current or former employee. The Diulio Firm handles all types of employment law, including wage and hour claims, meal and rest break, overtime underpayment, discrimination, harassment, whistleblower, class actions, and Private Attorney General Act (“PAGA”). The Diulio Firm also offers training in connection with employment law compliance.
Our Attorneys are Experienced in Litigating All Employment Claims
Meal and Rest Break Claims
California has specific rules for when employees should receive required rest and meal breaks. Breaching those rules can expose employers to penalties for the missed breaks. If you have a question about meal and rest break, the experienced attorneys at The Diulio Firm can help.
Wage and Hour Claims
Improper rounding when an employee clocks in or out can result in underpayment. Same with misclassifying an employee as exempt when they are non-exempt (entitled to overtime and rest breaks, amongst other things) or misclassifying as an independent contractor when they are an employee. The rules in California are specific, and often change, so it’s important to consult with an attorney if you have any questions.
Discrimination Claims
If a guy and a woman have the same job and experience and tenure, they should generally have the same pay. Otherwise, there is a potential unequal pay violation. Same if employees are treated differently because of any class that is protected from discrimination under California law: Race, Color, Religion (includes religious dress and grooming practices), Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), Gender identity, gender expression, Sexual orientation, Marital status, Medical Condition (genetic characteristics, cancer or a record or history of cancer), Military or veteran status, National origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United State is authorized under federal law), Ancestry, Disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics), Genetic information, Request for family care leave, Request for leave for an employee’s own serious health condition, Request for Pregnancy Disability Leave, Retaliation for reporting patient abuse in tax-supported institutions, and Age (over 40).
Class Actions
When multiple employees experienced that same allegedly wrongful conduct, and if the group is large enough and similar enough, the Court may certify a class. The Diulio Firm has extensive experience with class action litigation.
PAGA – Private Attorney General Act
California’s PAGA allows employees to file individual and representative actions on behalf of aggrieved employees. Under PAGA, the employer may be liable for penalties keyed to each violation. We have handled numerous PAGA actions.
Arbitrations
Employee arbitration agreements are enforceable in California as long as they meet certain requirements to ensure they are not overly unfair. But even if an arbitration agreement is in place, the employee still has the right to pursue wrongful claims in arbitration. We frequently handle matters that are in arbitration and can advise clients are to the best ways to use arbitration to their advantage.
Employee / Employer Disputes
We have counseled and represented clients in contract disputes, including executive disputes over pay, bonuses, stock options, and equity. Similarly, when an employee departs there sometime arise issues with solicitation of client, confidentiality, and trade secrets. We can provide pre-dispute counseling to mitigate these issues, as well as vigorous litigation advocacy if necessary.
