San Juan Capistrano, California Employment Lawyers

Related Practice Areas

Business Law
Intellectual Property
Workers' Compensation

Problems in the workplace?

Employment law governs the relationship between workers and their employers. This law, contained in federal and state statutes, administrative regulations, and judicial decisions, specifies the rights and restrictions applicable to each party in the workplace.

This area of law regulates such issues as employee benefits, discipline, hiring, firing, leave, payroll, and health and safety in the workplace. It also encompasses non-compete agreements, retaliation, severance, unemployment compensation, pensions, whistle-blowing, worker classification, wage garnishment, work authorization for non-U.S. citizens, worker's compensation, and employee handbooks.

Both federal and state laws govern the relationship between employees and employers. Federal laws such as Title VII, the Americans with Disabilities Act, and Age Discrimination in Employment Act prohibit employers from discriminating against employees based on certain characteristics. Many states have enacted their own laws similar to federal ones (and sometimes are more stringent). Cities and counties also can enact ordinances that affect employee rights, such as local minimum wage laws.

Employment lawyers can choose to accept only employees as clients, only employers, or both. Some attorneys focus on a specific area of employment law, such as workers' compensation, whistleblowing or discrimination, but many can handle a wide range of employment law issues.

Essential job functions: The fundamental job duties of the employment position that the individual with a disability holds or desires. The term essential functions does not include marginal functions of the position.

Exempt employee: An employee who is not entitled to the minimum wage or overtime pay protections of the Fair Labor Standards Act.

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