San Diego Employment Lawyer

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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

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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 paid time off?

Paid time off - also known as personal time off - is when an employee takes off work while still getting paid by the employer. Likewise, personal time off is when an employee gets paid or unpaid while away from work.

What does an employment lawyer do?

An employment lawyer help employers and employees understand their respective rights and obligations, such as wages, wrongful termination, overtime, PTO, disability, discrimination, harassment, etc.

13 Wrongful Termination Examples

Employees wins millions of dollars in wrongful termination lawsuits against their employers. If an employee has been dismissed for the reason that is deemed illegal in California, then they may be able to sue their former employer for wrongful termination.

How do I know if I am exempt from overtime pay?

As of 2023, to be exempt from overtime pay, you must make at least $62,400.00 per year or $5166.66 per month. To be classified as an exempt employee, your salary must be at least twice California's minimum wage for full-time employment. 

Women’s Rights When Experiencing Sexual Harassment at Work

Title VII of the Civil Rights Act of 1964 (“Title VII”) makes it illegal for employers to allow anyone to be sexually harassed at work by anyone else, regardless of sexual orientation, gender, or sex. Women who experience sexual harassment at work may experience a range of negative consequences, including mental and physical health problems, lower earnings, and career interruptions.

How to respond to a notice of PAGA lawsuit?

5 steps to defend a PAGA lawsuit: 1) contact a PAGA lawyer after getting a PAGA Notice, 2) locate the arbitration agreement, if any, 3) determine if the safe harbor provision of the PAGA state applies, 4) compile a list of all employees that were similarly situated, 5) Collect the employee's manual.

What happens if you get an EDD audit?

An EDD audit is a process of verification that you have correctly withheld and reported personal income tax for wages paid to your employees. If you get an EDD audit, you may be liable for a wide range of fines, interest, and penalties on taxes that you owe.

What are the 4 Caregiver rights in California?

California caregivers are entitled to rest breaks, meal breaks, minimum wage, overtime pay for working over 8 hours per day, and double time for working over 12 hours, including overnight stays. Employers often face lawsuits from caregivers for violating caregivers’ rights, such as basic wages.

Terminating Employee with Cancer

Cancer is protected under the Disability Act, which protects an employee from retaliation and discrimination because of health impairment related to a cancer diagnosis. An employer cannot discriminate against an employee upon discovering that an employee has a severe illness or cancer.

Can I be fired for work restrictions?

No, you cannot be fired for work restriction if it is based on disability. However, an employer can fire an employee in some situations if the employee has work restrictions.

Annualized Compensation

An annualized compensation is to a predetermined gross pay per month paid to an employee for twelves months, totaling an estimated annual income.  In other words, annualized compensation - also known as annualized salary - is an estimate of how much pay an employee will earn over the course of a year if they were to work the full year. For example, teachers commonly do not work summer months and therefore need to annualized their salary for reporting taxes.

Is it illegal to pay my employees late?

Yes, it is illegal to pay workers late. When an employer didn't pay a worker on payday, the employee can sue and the employer has to pay waiting time penalty in the amount of 10 days' wages.

What is prevailing wage in California?

Prevailing wage in California is the minimum hourly rate employees earn on public work project. All workers employed on public works projects must be paid the prevailing wage. Our prevailing wage lawyer can protect your rights if you're not paid the California prevailing wage.

What qualifies as wrongful termination?

A termination is wrongful if the employer fires or laid off the employee on the employee based on a protected class such as sex, gender, race, ethnicity, religion, or age.

At Will Employment

At will employment means that the employer or the worker may end the employment relationship at any time. When an employment is at will, the employer can terminate employees for no reason.

Can You Get Fired for Looking for Another Job?

Firing an employee for looking for another job is legal under California Labor Code § 2922. Employees in California are employed on an “at-will” which means the employee or employer can terminate the working relationship at any time for any reason.

Can an employee be terminated while on medical leave?

It depends on the reason the employee is on medical leave. Under the FMLA, an employee cannot be terminated simply because they take leave. An employee is free to take medical leave without fear of losing their job. However, if there is a reason unrelated to the medical leave, an employer does have the right to terminate an employee.

Can Slack Admins Read DMs?

Yes. Slack admin and employer can read every DMs, private channels, private messages sent between team members. Employers on either Slack's free tier or paid tier need to submit a request to Slack before they can access your private chats.

Four Hour Minimum Pay

Yes - under California employment law, when an employee is scheduled to work an eight-hour shift, and the work is canceled, the employer must pay a minimum of four hours.

How far back do PAGA claims go?

A PAGA claim is generally one year from the date of the last employment law violation on which the PAGA claim is based.

FICA Withholding: What is FICA tax on my paycheck?

What is FICA tax on my paycheck? FICA is a federal wage tax. FICA taxes requires withholding from an employee’s gross earnings: 6.2% for social security and 1.45% for Medicare. The employer matches these percentages for a total of 15.3%.

Why Does EDD Do a Benefit Audit?

The EDD conducts benefit audits to help pay Unemployment Insurance benefits to only eligible claimants only, prevents fraud in the UI program, and helps companies control UI costs. The EDD’s responsibility is to collect payroll taxes and conduct payroll audits of businesses.

What Does PAGA Mean in a Lawsuit?

The word PAGA is an acronym for the Private Attorney General Act, which is the Labor Code that authorizes employees to file a lawsuit to recover civil penalties for themselves and other employees. PAGA confers a private right of action to individuals to prosecute under PAGA and incentivizes the employee to keep 25% of collected civil penalties.

Can my employer call my doctor?

Generally, yes, your employer can call your doctor; however, the questions your employer ask is limited and protected by HIPAA Privacy Law. Your employer has the right to contact your doctor to verify the authenticity of a doctor’s note but cannot ask about your medical condition or diagnosis.

What Qualifies as an EEOC Complaint?

The EEOC is a federal agency that investigates workplace discrimination and harassment based on race, gender, ethnicity, national origin, age, religion, medical status, and disability. There are time limits for filing a complaint with the EEOC.

EEOC Complaint Process

Before filing an EEOC complaint, employees should understand the entire EEOC complaint process. This article answers many Frequently Asked Questions on the EEOC complaint process.

Do guys get paid paternity leave?

A father is eligible for paternity leave if three conditions are met: 1) welcome a new child within the first twelve months; 2) Paid into the State Disability Insurance; 3) Has not taken more than eight weeks of paternity leave in the past twelve months.

California PTO Payout Law

California law declares vacation time to be earned wages, and vacation time is accumulated as work is performed. So, an employee who has the right to ten days of vacation per year will after six months of work earn five days of vacation time.

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