Employment Law Dispute Practice Areas

Our employment attorneys always put their clients’ needs first every step of the way. For over 5 decades, we have advocated for our clients and achieved a stellar reputation for obtaining excellent results. Whether your dispute is about resolving employment complaints, employment contracts not being upheld, or is discrimination-based, the lawyers at Gaines & Gaines Law firm are here to help.

We focus a substantial portion of our practice on employment-related disputes, including:

Commissioned Employees

There are many ways employers fail to comply with federal and state law in paying commissions and minimum pay to sales employees. For instance, an employer cannot withhold commissions until the employee has been with the company for a certain amount of time. Commissioned employees that are not classified as “outside salesperson,” are entitled to minimum wage and minimum overtime wages.

Learn more unlawful unpaid commission examples by visiting our Commissioned Employees page, or contact our employment attorneys today to get what you are owed.

Wrongful Termination

Most employment relationships in California are “at will,” which means both employers and employees may terminate the employment for any reason. However, there are multiple reasons for termination that may be unlawful, retaliatory, or fall under the scope of unfair dismissal. Terminated employees may be able to sue their employers, depending on the circumstances surrounding their dismissal.

If you believe you were terminated for unlawful reasons, contact our attorneys today to discuss your case.

Discrimination and Harassment

Employment discrimination is not limited to hiring and firing. Almost every employment decision can potentially involve discrimination, from applications to pay and benefits as well as age or disability.

Similarly, hostile working environment can be created not only by supervisors, but also co-workers and even customers. Inappropriate touching and obscene talk can be perpetrated by females upon males, vice versa, and among members of the same sex.

Don’t tolerate discrimination or sexual harassment in the work place. Speak with our experienced lawyers about your discrimination complaints and let us pursue your case.

Expense Reimbursement

Employers in California need to reimburse employees for all expenses or losses incurred due to the discharge of their duties. Expenses could range from driving expenses to cell phone use.

Most of the time, expenses can be easily calculated. However, there are a few different ways for employers to reimburse an employee’s driving expenses. For instance, mileage reimbursement method, actual expense method, and lump sum method. These differing methods may compute vastly different sums.

Visit our Expense Reimbursement page for more detailed information, or contact our labor lawyers today who specialize in California Cell Phone Reimbursement Laws.

Wage and Hour Violations

Although there are extensive labor laws in California that help ensure employees are treated fairly, many employers violate them with various ways. For instance, failing to pay employees on time upon termination, making unlawful deductions from employees’ paychecks, and so on.

As of January 1st, 2017, the California minimum wage will be increased every year required by state law. We have included the California minimum wage rate schedule in our Wage and Hour Violations page.

Our unpaid wages lawyers are specialized in wage and hour claims. Give us a call today and let us pursue your case.

Meal and Rest Breaks

Employers are required to confirm employees are taking meal breaks on time in California according to labor code 512. Each day an employee skips a meal break or does not take meal breaks on time counts as one violation.

For every five hours worked, an employee is entitled to a 30-minute unpaid meal break. For every four hours worked, employees are entitled to a 10-minute paid break.

Visit our Meal and Rest Breaks page for more information, or speak with our employment lawyers today to discuss your case.

Overtime Laws

Most California employees are entitled to overtime pay, protected by both California and federal laws. We have listed some common positions that are generally not qualified for overtime pay. For instance, certain sales employees and independent contractors. However, some companies misclassify employees as independent contractors when they are in fact regular employees.

Our overtime attorneys can help you determine if you have been misclassified. Give us a call today if you believe you have been unfairly denied for overtime pay.

Employment Laws FAQ

Below, we have listed a few commonly asked questions. Contact us today or fill out the form and we will have your questions answered.

  • How do employment law and labor law differ from one another?
    • Labor law typically involves laws that pertain to unions and employers. Employment law is focused on the rights of individual employees.

Employment law also includes wage and hour issues, such as employers who fail to pay employees properly or fail to pay all wages that earned by employees.

  • When do you need an employment lawyer?
    • If you think that your employer is not paying you correctly, not paying you on time, or has taken negative action against you (such as a demotion, cut in pay or hours, or termination) which you believe is illegally based on a right or protection that you have under the law (such as your race, gender, age, ethnicity), you should contact an employment lawyer to determine if your rights have been violated.
  • What entity do I contact about employee-employer disputes?
    • Call Gaines & Gaines, APLC for a free consultation.
  • What is an Employment law action suit?
    • An employment class action is a lawsuit that litigates the claims of a group of employees who suffer the same illegal practices and/or policies by the same employer. One or a few employees bring the lawsuit on behalf of all other “similarly-situated” employees in order to change the improper practices of the employer and compensate the employees.
  • Will I get fired for filing a lawsuit against my employer?
    • We cannot guarantee how your employer will respond to your lawsuit. However, California law protects employees from retaliation for suing their employers.
  • How long does an employment case typically last?
    • There is no single correct answer to this question. Some of our clients’ cases settle in a matter of weeks and some hard fought cases take years.
  • Does your law firm ever represent employers?
    • Gaines & Gaines, APLC advocates solely for employees and consumers. We never represent business in litigation.
  • How much will my case settle for?
    • It is difficult to estimate or predict. We cannot guarantee how much a case will settle for, or whether you will win any money for your claims. See our recent settlements for some selected case outcomes.

Visit our FAQ page for commonly asked questions about working with our experienced lawyers.

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