Updated on April 19th, 2023

San Diego Employment Lawyer

California, Los Angeles, Orange County, Riverside, San Bernardino

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California employment law protects employer and employees. If your employer has violated employees’ rights, contact Brad Nakase as your employment lawyer in San Diego County. Brad will help you seek damages for violations of California labor laws such as wrongful termination, wage violation, age discrimination, gender discrimination, sexual harassment, retaliation, overtime pay, unpaid wages. These labor law violations are just a few of the types of labor laws on which an employment lawyer in San Diego County may help you.

Employment related advise is free during initial free consultation. Brad Nakase is an employment lawyer in San Diego helping employees. Brad Nakase takes pride in responding to workers that are facing issues with their employer. Brad is aware it is difficult for employees to fight back against big companies. Our law firm helps employees fight back and win! 

Brad Nakase, Attorney

Email | Call (619) 550-1321

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“He didn’t try to razzle dazzle me in the first consultation…”

“I would highly recommend Mr Brad Nakase to anyone looking for an honest aggressive attorney. I hired Brad for a labor law case and I was impressed from start to finish. He didn’t try to razzle dazzle me in the first consultation, he was forthright from the start. I highly respected that. He or his staff are always available for questions, he is great with paperwork and follows through aggressively until the end. Thank you for getting me through this difficult time and being kind throughout the process.”  

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What is an employment law attorney?

An employment law attorney assists employees and businesses with employment-related issues and lawsuits. Employment law attorneys are also known as labor lawyers. Employment attorneys represent employees who are filing suit against their employer due to wrongful termination, wage violations, discrimination. Employment attorneys also represent employers in a lawsuit brought by employees.

What is the purpose of employment law?

California labor laws have a universal purpose; labor laws protect employees’ rights. Likewise, the employment laws mandate the employers’ duties, responsibilities, and obligations to the employees. Primarily, California laws provide equal opportunities and pay to all people regardless of race, gender, religion, or national origin.

How many days can you work without a day off in California?

The general rule for California labor laws is that employees are entitled to one day’s off in seven. Also, employers may not force employees to work more than six days per week. However, those employees who work less than 30 hours per week, or did not work more than six hours in any day of the week are exempt from the general rule.

Common Labor Law Violations

Our employment attorney Brad Nakase had the honor of representing a former Oakley employee concerning discrimination over hair color. The lawsuit went viral and was picked up by many media sources. The former employee was black and he had orange hair. The Oakley manager said his hair color must be close to the color of his skin.

In Rasean Johnson v City of San Diego (2019), a San Diego jury slammed the City of San Diego for religious discrimination. The jury awarded $300,000 to a San Diego city employee, Rasean Johnson, who experienced extended religious harassment by his supervisor, Sheila Beale. The lawsuit alleged that Beale began leading prayer sessions and urged employees to attend church. The lawsuit further alleged that Beale cautioned Johnson that he should read the bible and “even good people go to hell if they don’t have their life to the work of god.”

In 2019, the City of San Diego was also accused of creating a racially hostile environment. The city settled a claim by San Diego police officer, Jeffrey Stewart, for $50,000. The City of San Diego paid a terminated San Diego Police officer $50,000 after he accused the department of creating a “racially hostile environment.” The legal theory for recovery was wrongful termination by the City of San Diego.

In 2016, a mother filed a transgender lawsuit against Rady Children’s Hospital. The lawsuit alleges that the San Diego children hospital broke gender discrimination law when employees continuously addressed the transgender son, Kyler Prescott, as a girl.

In 2009, the City of San Diego was sued by employees for underpaying overtime. The lawsuit plaintiffs consist of 2500 city employees. The city paid its employees cash for health insurance. California wage laws require that cash payment for medical coverage should be calculated in an employee’s regular hourly rate of pay for purposes of determining overtime pay.

In 2014, a woman sued the City of San Diego for race discrimination. The lawsuit alleged that there was a history of discrimination practices inside city government where white employees were favored for promotions over minority employees.

No Fee Unless Our Employment Lawyer Wins Your Case

Employees who hire Brad Nakase as their employment lawyer in California, are eligible on a no win no fee basis; that means employees never pay our employment law firm until we win them money.

What type of attorney do I need to sue my employer?

As a California employment lawyer, Brad Nakase has influenced the lives of employees in individual wage claims and class action lawsuits against companies that violate employee rights. California’s employment attorney focuses on helping employees with all labor laws, including:

Overtime pay
Wrongful termination
Gender discrimination (sexual discrimination)
Sexual harassment
Unpaid wages,
California labor laws,
Employment laws.

Brad Nakase is a respected California employment lawyer that will protect employees’ rights.

Is retaliation at work illegal?

When an employer retaliates against an employee for any reason, it is a violation of California labor law. Please contact California employment attorney, Brad Nakase, for free legal advice. California labor laws strictly prohibit retaliation for contacting a labor lawyer.

As a California employment law firm, workplace law is what we do. As your California employment lawyer, Brad is dedicated to helping people treated unfairly at work. We advise employees on their legal rights and counsel employers on how to comply with the law and implement proper employment law practices.

California Employees’ Right to an Equal and Fair Workplace

California employees often experience unlawful employment practices at the workplace. According to statistics, more than 28 percent of women experience sexual harassment at work; therefore, employment lawyers are necessary to protect employees. Every woman should have the right to provide for their family without enduring harassment.

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What Is A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

What is an EDD Audit?

An EDD audit is a payroll tax audit initiated when a former worker you classified as an independent contractor applies for unemployment with EDD.  The EDD thinks you misclassified the worker as an independent contractor and audits your company. 

Using PTO for Paid Vacation Time

PTO is any time an employee gets paid while away from work, including paid vacation time. PTO is paid time off, meaning a worker may use PTO for any reason, such as paid sick leave or paid vacation time.

When to hire an employment attorney?

You should hire an employment attorney as soon as you are aware of the issue or believe something is wrong and that the employer is not remedying the issue, such as harassment, wrongful termination, or discrimination.

Is PTO Required by Law?

Employers in California are not required to provide any PTO, such as paid time off or paid or unpaid vacation, to their employees.

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