Labor Code Violations: Who’s Responsible?

Labor Code Violations: Who’s Responsible?

According to California’s Labor Code § 558.1, an employing organization’s managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it’s true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.

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Pregnancy and Disability: Know Your Rights

Pregnancy and Disability: Know Your Rights

On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination.

Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.

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What Makes Someone an Independent Contractor?

What Makes Someone an Independent Contractor?

On April 30, 2018, the California Supreme Court issued a decision on the Dynamex Operations West, Inc. v. Superior Court of Los Angeles case. On that day, the California Supreme Court reinterpreted and rejected the long-standing “Borello” test. This decision was made in order to grant workers greater rights and to encourage a more worker-friendly labor standard.

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California Labor Violations & PAGA

California Labor Violations & PAGA

PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. In essence, PAGA deputizes citizens and allows them to pursue penalties against employers on the government’s behalf. It is another avenue for current or former employees to take against an employer for violating CA employment law and offers certain benefits.

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California Independent Contractor Law Change

California Independent Contractor Law Change

In April of this year, the California Supreme Court gave a ruling that made it more challenging for employers to classify employees as independent contractors. If you heard about this ruling, you also probably heard about its potential implications for big companies that revolve around independent contractors

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Wrongful Termination Could Get You $8 Million

Wrongful Termination Could Get You $8 Million

In the case of Jeanette Ortiz, a general manager for Chipotle Mexican Grill in Fresno, her wrongful termination lawsuit awarded her nearly $8 million dollars in damages. What started out as a termination under the pretense of theft of only $626 dollars in cash from the restaurant safe ballooned into a $7.97 million lawsuit.

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Webb Law Group Handles Class Action Wage and Labor Dispute

Webb Law Group Handles Class Action Wage and Labor Dispute

Webb Law group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach this Class Action wage and labor dispute within the context of this real case. We will provide a segue from

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Webb Law Group Handles Breach of Employment Contract

Webb Law Group Handles Breach of Employment Contract

Webb Law group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a wage and hour dispute within the context of this real case. We will provide a segue

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Lawsuit Against Chico’s Fas, Inc.

Lawsuit Against Chico’s Fas, Inc.

For information about the Ackerman v Chico’s lawsuit, please visit and view the documents available at the Los Angeles County Superior Court at the following link: “https://www.lacourt.org” using case number BC586078

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California Hour and Wage Dispute for Special Circumstances

California Hour and Wage Dispute for Special Circumstances

Knowledge of employment law in California can be particularly beneficial in situations involving hour and wage disputes. Most California workers are aware of the basics. For example, you should have regular break periods and be paid overtime when you exceed 40 hours a week. You must be

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When You’re Trying to Retire and Get Fired Instead

When You’re Trying to Retire and Get Fired Instead

You’ve worked hard your entire life with this day often in the back of your mind: the day you can put all that hard work into a long, enjoyable retirement. You’ve been a valuable employee to your company. You’ve done all the right things and this time

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Employment Wage & Hour Dispute

Employment Wage & Hour Dispute

If you work for a living, why do you kill yourself working? It’s a famous line from the film, “The Good, the Bad, and the Ugly” and it speaks volumes about the bad and the ugly of negative work situations. Having a job where you don’t feel

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Handling a Breach of Employment Agreement

Handling a Breach of Employment Agreement

An employment agreement is a legal agreement documented in writing between an employer and their employee that creates a contract between them and explains the terms of employment. An employment contract may include any of the following: Contact information, including the names, phone numbers, emails, and/or other

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Non-Compete Agreements in California Law

Non-Compete Agreements in California Law

Non-compete agreements are almost always found to be unenforceable in California, with only a small list of very specific exceptions listed in the statute. A notable exception is that non-compete agreements are enforceable against former owners of a company who agree to such a clause with reasonable

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Protecting Yourself and Your Rights in a Legal Wage Dispute

Protecting Yourself and Your Rights in a Legal Wage Dispute

Labor Laws can often be confusing and difficult to understand, that is why it is extremely important that you are aware of your rights as an employee. Laws can vary from state to state; however, in the state of California, the laws are written quite specifically. If

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Taking Action Against Misappropriation of Trade Secrets

Trade secrets are sometimes more valuable to a company than even a large sum of money. How a company does business, from its manufacturing processes to its client lists, is valuable information that could cost a company dearly if revealed. If a secret formula or manufacturing process

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Are Covenants Not to Compete Enforceable in California?

Covenants not to compete, also known as non-compete clauses, are very common and popular additions to employment contracts. These clauses are written by the employer in order to prevent former employees from either working for or starting a similar company in a comparable field. The concept is

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The Basics of Business Law in California

Business law varies based on state. Whether you are a current employee or potential job seeker, or you manage a business of your own, you should be aware of the laws of your state. This is important not only in ensuring that you are being treated fairly

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Employment Law in California

Employment law varies based on state, with each state having its own unique set of laws that apply to its employers that employees would be empowered to familiarize themselves with. Surprisingly, while employment is clearly one of the most important and common things an individual will be

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Top 5 Hiring Mistakes Made by California Businesses

There are many laws governing the hiring of employees, from the questions an employer is allowed to ask, to how job placement ads must be worded.  While there are many ways to hire a new employee, there are also many ways to get into trouble when doing

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Why Should I Write an Employee Handbook for my Business?

For employers, an employee handbook can provide employers with an extra layer of protection if sued by a disgruntled employee.  A well drafted employee handbook can be used as evidence of the standard policies governing conduct within the company on many key issues such as length of

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Have you had a complaint filed against you under the Perishable Agricultural Commodities Act?

The United States Department of Agriculture, through the Perishable Agricultural Commodities Act (PACA), assists individuals and entities in the produce industry by ensuring fair trade practices with respect to the buying and selling of fruits and vegetables. Specifically, PACA assists by facilitating the mediation and/or arbitration of

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Are You Being Sexually Assaulted at Work? How to Know

Although sexual harassment can carry severe legal consequences it is still a serious problem in workplaces across the United States. As San Diego employment lawyers, we understand how difficult it can be to cope with such a situation. This blog post will explain what sexual harassment is

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Racial Discrimination 101: San Diego Employment Attorney Notes that Discrimination Comes in Different Shades

California prides itself as being a “melting pot” – a state that welcomes people of different races, ethnic origins and nationalities.  The state’s population over the last half-century has increased in large part to the influx of immigrants from across the Pacific Ocean and just south of

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For Sexual Harassment Cases, the Employer May be Liable for the Offenses of Its Staff

To file or not to file. That may be the question in the minds of victims of sexual harassment in California. The victim may have to gather evidence quickly and (with sufficient evidence) file a case against the offending party. Time is an important factor here. In

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Employment Attorney in San Diego Enumerates Instances of Wrongful Termination

“You’re fired!” These words can be very devastating to an employee.  When an employee is terminated from his job, he suddenly loses a regular source of income.  In California, under the “at will” doctrine, an employer may terminate an employee for whatever reason as long as that

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Employment Attorney Cites Laws Protecting Employed Pregnant Women

Pregnancy is a joyful time in a woman’s life when she prepares for the birth of her new child.  It is also a time when she takes time off from work as her pregnancy progresses, and also when it comes time to bond with her new-born baby. 

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Employment Law Questions: How do California Labor Laws Apply on Vacation Pay?

As a law firm which specializes in Employment law matters in the city of San Diego, this is a question we come across often. California is one state which does not mandate employers to give their employees paid vacation.  However, if a company chooses to provide its

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The Attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a Class Action Complaint Against General Atomics for Alleged Wage & Hour Violations

On March 19, 2013, the employment attorneys at Webb & Bordson, APC, and Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against General Atomics for alleged wage and hour violations.  Gray v. General Atomics, Case No. 37-2013-00040131-CU-BT-CTL, is currently pending in the San Diego County Superior

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San Diego Employment Lawyer Explains the Importance of Employee Handbooks

Being a business owner in California can be a frustrating experience at times. Not only do you have to worry about keeping your day-to-day operations running smoothly, but you also need to ensure that you are complying with each and every employee-friendly labor law California has to offer.

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If You Feel You’ve Been Dismissed Illegally, You Can Turn to these San Diego Employment Attorneys

You have just been dismissed from your work effective immediately.  You will be unemployed the next day and you have a family to support. Would you consider suing your employer in court?  You may want to see an employment attorney in San Diego before you do. California

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Things to Consider When Leaving Your Current Employment to Start a Competing Business

Covenants Not to Compete Many employers consider covenants not to compete in employment agreements essential to protecting their confidential information, their companies, and their top employees from former employees whose departures raise the threat of unfair competition. It is vitally important for employers who rely on covenants

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What are the Exceptions to At Will Employment in California?

Employment in California is presumed to be “at will” unless otherwise agreed upon between the employer and employee.  “At will” employment means that an employer can terminate the employee for any justifiable reason – or even no reason at all.  The same is true for an employee. 

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