Employment Defense Attorney

Since 2005, our team of employment defense lawyers protect businesses from frivolous employees’ lawsuits throughout California including Los Angeles, San Diego, Orange County, and San Jose.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Get Smarter: Search my blogs


Sexual Harassment and Discrimination Defense

An employer defense attorney can skillfully address and resolve employee lawsuits relating to discrimination and sexual harassment. Typically, alleged sexual harassment victims will file sexual harassment claims against a supervisor, another employee, the company, or multiple parties that they and their lawyers believe to be at fault for the alleged misconduct.

The state of California, unfortunately, rarely sides with the employer in these situations. This reality puts our clients and their businesses in a very difficult position.

Our all-inclusive employment defense designs every stage of our clients’ defense strategies to make sure that every aspect of the initial claim is covered, as well as any related issues that may trip up their business in the future.

If you are an employer who has been accused by an employee of harassment in the workplace, remember that you also have rights.

You should first ask to see a complaint in writing and request that the allegations be kept confidential until the issue is resolved.

It is crucial that you do not spar with the accuser, but instead maintain a professional and calm attitude. It is possible to refute an allegation without being hostile. Indeed, the worst thing you can do is to stage a hostile confrontation with the accuser.

When dealing with the allegation, possibly through an in-house mediation, you should present your side of the story in a persuasive and honest way as a means of defending yourself. If the sexual harassment claims are untrue, then issue a denial professionally but firmly.

If the matter cannot be resolved through in-house mediation, then you and your employment defense lawyer should decide the next steps for arguing against the allegation and protecting your reputation.

Examples Of Violations That Leads to Unpaid Wage Lawsuit

Our employment defense attorney has defended employers in a full range of employment-related claims, including the following claims:

  • Failing to pay overtime at 1.5 times the employee’s regular hourly rate
  • Failing to pay the required minimum wage
  • Misclassifying employees as independent contractors
  • Misclassifying nonexempt employees as exempt
  • Failing to pay for off-the-clock work
  • Failure to adhere to tip pooling rules
  • Requiring employees to work during their lunch break without pay
  • Failing to pay for all hours worked
  • Illegally withholding employee paychecks
  • Failing to pay employees for miscellaneous activities (completing required paperwork, mandatory training, etc.)
  • Improper administration of final pay
  • Inaccurate wage deductions
  • Shortchanging employees on benefits

Unpaid Wage Lawsuit Defense

Our employment defense attorney offers our business clients a broad range of legal services to help them defend against unpaid wage lawsuits. If multiple workers are impacted, then a single employee may bring a class action lawsuit to represent the other affected workers. Employers should be aware that there is a good chance that during the life of their business, a former or current employee will allege that their company did not properly pay them for their work. Common claims made by workers filing unpaid wage lawsuits against their former or current employers include:

  • Pay for employee training sessions
  • Pay for company meeting time
  • Properly account for hours worked
  • Provide compensation for travel time between work sites
  • Provide compensation for time worked for the company at home

One common problem that employers run into is offering proof that the employee in question did not work the hours that he or she claims they were not compensated for. This can be a challenging job because the law puts the burden of evidence on the employer, who must prove that the complaints brought by the employee are indeed false. The truth is that, in general, the worker filing the lawsuit does not need ‘hard’ evidence to back up his or her claim of unpaid wages.

The law includes exemptions to the FLSA. These exemptions apply to administrative, executive, and professional employees. It is important that you understand these exemptions since employers must prove that an employee fulfills the exemption requirements.

The Importance Of Avoiding Unpaid Wage Lawsuits

Wage and hour lawsuits can be a major expense for employers, both monetarily and otherwise. Depending on how serious the case is, an employer may suffer the following consequences:

  • Back pay
  • Civil money penalties
  • Interest payments
  • The value of benefits lost
  • Attorney’s fees
  • Liquidated damages
  • Injunctive relief
  • Imprisonment
  • Criminal prosecution
  • Decreased employee morale
  • Reputational harm
  • Increased turnover

Employer defense attorneys support employers by providing legal expertise and protection for employers of local businesses.

How To Answer A Wage And Hour Lawsuit

An employment defense attorney plays a crucial role in protecting employers from unpaid wage lawsuits. When confronted with a wage and hour lawsuit, an employer should not hesitate to consult with an employment defense attorney who focuses on wage and hour law. Regardless of whether you believe the lawsuit is legitimate, you should contact an employment defense lawyer for advice and representation. Employees’ alleged unpaid lawsuits typically arise when employees believe they have not been properly compensated for their work, which can include issues related to minimum wage violations, overtime pay, unpaid commissions, and more.

An experienced attorney defending employers can assess whether you have violated the worker’s wage and hour rights, as well as how to respond in the future. Because of how serious wage and hour lawsuits are, employers are in a better position with a lawyer representing them in court. The lawyer can also let the employer know about their right to appeal a case if they lose, as well as whether an appeal is worth the effort. The first ninety days of a class action suit are very important. Employers should take the following actions during this time:

  • Create a plan for document preservation so that all records, including electronic records, are preserved.
  • Create a defense strategy and a plan for refuting the plaintiff’s complaints.
  • Align the next steps, like preparations and investigations, with the company’s overall defense plan.

Class Action and PAGA Defense

An employment defense attorneys defend employers in class action lawsuits by meticulously scrutinizing the claims made by plaintiffs and challenging their class certification because it lacks commonality and typicality. In California, class action lawsuits are rising and changing the employment landscape. These actions demand experienced employment defense because of the complex issues in a class action and PAGA lawsuits. Our employment defense attorneys focus on commercial class action and employment cases. Our firm has developed efficient, cost-effective strategies for resolving class action litigation while softening the impact on our clients’ business operations. We also use proactive strategies that reduce the risk of a business enduring class action claims in the future.

The California Labor Code Private Attorneys General Act, known as PAGA for short, has developed something of a negative reputation with the state’s employers. It offers current and former employees a method to sue their employers on a number of Labor Code points, acting on behalf of the State of California. It also provides the means for employees to replicate civil penalties, which can add up to financially ruinous levels – and they do not have to meet the tough requirements demanded of class action suits. In the past, class action claims overshadowed PAGA claims, but today, plaintiffs are often centering their lawsuits around PAGA. Both courts and employment defense attorney are attempting to interpret this underdeveloped legal grey area. Nakase Wade’s attorneys are at the helm of establishing creative strategies and arguments to combat PAGA claims at both the trial and appellate levels.

Our employment defense attorneys has defended many claims in the realm of PAGA/class action suits. Some of these include:

  • Meal and rest breaks
  • Vacation pay
  • Misclassification (employee v. independent contractor, exempt v. non-exempt)
  • Uniform maintenance
  • Overtime/off-the-clock/minimum wage
  • Timely payment of wages upon employment termination
  • Unfair Competition Law
  • Reimbursement of business expenses
  • Automobile Sales Finance Act
  • Consumer Legal Remedies Act

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

What is a default judgment

What is a default judgment

A default judgment is issued when a defendant fails to respond to a lawsuit, allowing the plaintiff to win by default. Understanding this process is crucial for both parties involved in litigation.
What is a quitclaim deed

What is a quitclaim deed

Quitclaim deeds offer a quick way to transfer property ownership without guarantees, distinct from warranty deeds. Ideal for non-sale property transfers among family or into trusts, they require careful legal consideration.
Sole Proprietorship Business License

Sole Proprietorship Business License

Sole proprietorships offer simplicity and fewer formalities for new business owners, with benefits like no separate taxes. Remember, personal and business assets aren't distinct, impacting liabilities and the need for proper licensing.
What is the most important part of your business plan

What is the most important part of your business plan

The executive summary shines as the pivotal element of a business plan, serving as a decisive factor for readers to delve deeper. A comprehensive guide on crafting an impactful business plan, focusing on unique strategies and essential components.
Easy Businesses To Start

Easy Businesses To Start

Unleash your entrepreneurial spirit with these straightforward home-based business ideas, from e-commerce to creative pursuits. Embrace the flexibility and potential for financial independence with diverse options suited for various interests and investment levels.
What is the standard deduction

What is the standard deduction

Understand the IRS standard deduction, a straightforward option for reducing taxable income without needing detailed documentation. Delve into eligibility, amounts for 2023-2024, and considerations for itemizing versus standard deduction.
How to get a business license

How to get a business license

Grasp the essentials of obtaining a business license in California, focusing on local and state-level requirements. Uncover specifics on when and why different types of business licenses are needed.
Why Do Businesses Fail

Why Do Businesses Fail

Uncover the key factors contributing to small business challenges, including financial obstacles, inadequate management, and flawed marketing strategies. Understand the role of a comprehensive business plan in ensuring long-term success.
What is a BOC 3

What is a BOC 3

Understand the essentials of a BOC-3 filing for transportation businesses in California, detailing the designation of process agents for FMCSA certification. Learn the requirements, costs, and benefits of choosing the right process agent for your business.
Standard deduction vs itemized deduction

Standard Deduction vs Itemized Deduction

Understand the key differences between standard and itemized deductions to effectively reduce your taxable income and potentially save on taxes. Choose wisely to maximize your tax benefits based on personal financial details.
How to calculate net income

How to calculate net income

Unveil the significance of calculating net income for business profitability, a key indicator for financial health and decision-making. Understand the formula and practical applications for determining net earnings.
Itemized deductions

Itemized Deductions

Optimize your tax return by understanding the differences between itemized and standard deductions, crucial for minimizing tax liability. Learn the benefits and challenges of itemizing to make informed financial decisions.
What are intangible assets

What Are Intangible Assets

Discover the value of intangible assets like patents and trademarks in your business, crucial for strategic and financial planning. Learn how to manage and amortize these non-physical yet essential resources.
What is accounting

What Is Accounting

Understand the importance of accounting in monitoring financial activities and making informed decisions for your business. Gain insight into accounting fundamentals and its role in legal and tax matters.
Dysfunctional family

Dysfunctional Family

Explore the impact of growing up in a dysfunctional family, where constant conflict, neglect, and various addictions shape childhood experiences. Understand common traits, the consequences on children, and the cycle of unhealthy parenting behaviors.
When Was the Great Recession

When Was the Great Recession?

Delve into the Great Recession's timeline, an era of financial distress from December 2007 to June 2009. Understand the causes, including the 2007 housing bubble crash, and worldwide effects.
When Was the Last Recession in the US

When Was the Last Recession in the US?

Review discussions on America's most recent downturn, comparing the impacts and definitions of Covid-19 and the Great Recession. Analyze the significant effects of past economic crises on US policy and business approaches.
What to Invest in During a Recession- 4 Ideas

What to Invest in During a Recession: 4 Ideas

Uncover effective strategies for investing during a recession, assessing personal goals and current market situations. Examine four robust investment approaches to manage through economic declines effectively.
Will the US Get Hit with a Recession in 2024

Will the US Get Hit with a Recession in 2024?

Experts debate the likelihood of a 2024 US recession, analyzing factors like the yield curve and consumer confidence. Predictions vary, with a focus on interest rates and tech layoffs impacting the economy's future.
How Long Do Recessions Last

How Long Do Recessions Last?

Learn about typical US recession lengths and influencing factors, noting recent trends with shorter durations averaging 10 months. Investigate how external factors and government decisions affect recession timelines, comparing historical data.
When Will the Recession End

When Will the Recession End?

Economists predict a mild US recession with limited impact on employment and spending. The duration and impact of the recession depend on Federal Reserve policies and business cycle patterns.

When not to sign a severance agreement?

Do not sign a severance agreement if you do not understand it. By agreeing to a severance agreement, you give up your right to sue your employer. Remember, it is possible to negotiate the terms of your severance package. You are not required to sign a severance agreement.

How Do You Deal with a Toxic Business Partner?

Address concerns directly to the bad business partner; communicate openly and clearly. Consider mediation or seek legal advice from a business dispute attorney. Document disagreements, consider amicable separation if necessary.

Contact our attorney.

Please tell us your story:

0 + 4 = ?