Top Employment Lawyers And Discrimination Law Attorneys
Serving California With Locations In the San Francisco Bay Area
SCHEDULE CALLServing California With Locations In the San Francisco Bay Area
SCHEDULE CALLWe provide individuals and entities with superb legal representation, including pre-litigation counselling, litigation, and settlement negotiation services regarding employment and consumer law.
Both harassment and discrimination relate to some form of prejudice, but discrimination refers to a specific job-related decision that was motivated by inappropriate bias. Harassment involves other mistreatment.
One of the biggest differences between employees and independent contractors is that independent contractors never have the right to overtime pay while many employees do.
Under California law, it is unlawful to terminate an employee if a substantial motivating factor for the termination was prejudice based on a legally recognized characteristic, which is termed a “protected class.” Protected classes include age, race, religion, disability, sex, etc.
Most workers are presumed to be employees and have a right to be treated like an employee instead of an independent contractor. For both the company and the worker, there is a major difference between employee status and independent contractor status.
California has detailed rules regarding meal breaks for employees. Employees have a right to take an uninterrupted meal period of at least thirty (30) minutes for every five (5) hours worked.
Severance decisions are complicated for workers and employers, so we suggest you contact an experienced attorney; our initial consultations are free so please call us at (415) 580-2574.
If you have a problem related to employment or consumer law. Our attorneys have a wealth of training and experience. We hire great attorneys and train them to be superb attorneys. Put it to use for you.
Both harassment and discrimination relate to some form of prejudice, but discrimination refers to a specific job-related decision that was motivated by inappropriate bias. Harassment involves other mistreatment.
READ MOREOne of the biggest differences between employees and independent contractors is that independent contractors never have the right to overtime pay while many employees do.
READ MOREUnder California law, it is unlawful to terminate an employee if a substantial motivating factor for the termination was prejudice based on a legally recognized characteristic, which is termed a “protected class.” Protected classes include age, race, religion, disability, sex, etc.
READ MOREMost workers are presumed to be employees and have a right to be treated like an employee instead of an independent contractor. For both the company and the worker, there is a major difference between employee status and independent contractor status.
READ MOREWe fiercely litigate employment cases from initial pleadings all the way to settlement or trial. Some common employment claims are described below.
The term “commission” is used in many ways during daily conversation. You may have heard people refer to various types of bonuses as commissions. Technically speaking, a commission means that the employee’s payment is a percentage of the value or price paid. Labor Code § 204.1 states: “Commission wages are compensation paid to any person for services rendered in the sale of such employer’s property or services and based proportionately upon the amount or value thereof.”
If an employee has an eligible disability, which is a lenient standard in California, an employer who is aware of the disability may have an obligation to speak to the employee about any needed modifications to the employee’s work duties. An employee may prevail in a failure to accommodate claim if the employer could have provided a reasonable accommodation for the disability without causing any danger to the employee or any other person’s health or safety and without causing any undue hardship to the operation of the employers’ business.
If an employer receives a report that harassment or discrimination has occurred, it has a duty to investigate the alleged incident of harassment or discrimination. If the employer does not investigate, or if the employer’s investigation is not sufficiently thorough, the employee may prevail in a claim for failure to investigate. It is critical that a thorough investigation be completed so that the employer can make an informed decision regarding any necessary steps.
Employees in California have many rights that separate them from independent contractors, such as detailed payroll documentation and specific meal and rest breaks. Employees can sue employers for the failure to provide meal periods on time, the failure to provide detailed wage statements (aka paystubs) or the failure to provide a written commission agreement. Employers who fail to implement compliant policies and practices may be found liable for failure to provide appropriate meal breaks or rest breaks or failure to provide compliant wage statements.
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ILG Legal Office, PC is a San Francisco-based law firm with two Bay Area offices, providing individuals and entities with superb legal representation, including pre-litigation counseling, litigation, and settlement negotiation services regarding employment and consumer law.
Contact us nowWe are standing by ready for a free consultation or, if necessary, to come in at the eleventh hour. We occasionally get calls from people with a hearing in a few days who do not yet have an attorney but need one. While we do not always have availability, we are one of the few firms that can and will prepare for a complicated motion in a matter of only a few days.
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INTRODUCTION Arbitration agreements have found their way into the vast majority of employment contracts at high-profile companies, making arbitration a political hot topic. Although state and federal law are still pro-arbitration, ILG Legal Office’s current case involving Samsung Research America Inc. and Andrew Mo in Santa Clara County has shined a spotlight on how employees […]
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Stephen Ilg Was Named a Top Employment Attorney in California by the LA & SF Daily Journal in its annual list published on June 29, 2022. Congratulations to owner Stephen Ilg! The LA/SF Daily Journal is the largest legal newspaper in California-the most populous U.S. State. Each year, the Daily Journal identifies the most accomplished […]
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Severance agreements are contracts between departing workers and their employers. This article will review basic terminology, strategy, and tactics applicable to employees and employers considering a severance agreement. The following are not trade secrets; rather, these are fundamental concepts that all effective employment attorneys—whether representing plaintiffs or defendants—do, or should, understand. Terminology: “Severance agreement” is […]
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