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When to Call a Disability Discrimination Attorney in Menifee

Mon, 06 Oct 2025 09:00:56 GMT

When to Call a Disability Discrimination Attorney in Menifee

You should call a disability discrimination attorney in Menifee as soon as you suspect your employer has treated you unfairly because of your disability or medical condition. This includes situations where you've been denied reasonable accommodations, experienced harassment, or faced negative employment actions after requesting disability-related workplace adjustments.

Disability discrimination cases have specific legal requirements and strict filing deadlines, making it essential to get experienced legal help quickly. The right attorney will understand both federal ADA requirements and California's additional disability protections.

What Are Common Signs of Disability Discrimination at Work?

Disability discrimination often begins when employers refuse to provide reasonable accommodations that would allow you to perform your job effectively. This might include denying requests for modified schedules, accessible workspaces, or assistive technology that you need due to your disability.

You may also experience discrimination through harassment about your condition, exclusion from workplace activities or training opportunities, or sudden performance issues that arise after disclosing your disability. These behaviors violate both federal and California disability rights laws.

How Do You Document Disability-Related Workplace Issues?

Keep detailed records of all interactions related to your disability and accommodation requests. Save emails, letters, and formal documents showing when you requested accommodations, your employer's responses, and any medical documentation you provided to support your needs.

Document specific incidents of discriminatory treatment, including dates, times, witnesses, and exactly what was said or done. If coworkers or supervisors make inappropriate comments about your disability, write down the details immediately while they're fresh in your memory.

What Can a Disability Discrimination Attorney Do for You?

An experienced disability discrimination attorney will evaluate whether your employer has violated your rights under the Americans with Disabilities Act or California's Fair Employment and Housing Act. They'll help you understand what accommodations you're entitled to and whether your employer's actions constitute illegal discrimination.

Your attorney can also handle communications with your employer about accommodation requests, ensuring that your rights are protected throughout the process. If legal action becomes necessary, they'll gather evidence, interview witnesses, and build a strong case for recovering damages.

How Menifee's Growing Economy Affects Disability Rights

Menifee's rapid growth has brought new businesses and employment opportunities, but also new challenges in ensuring disability rights compliance. Newer companies may not have established proper accommodation procedures, while growing businesses may resist accommodation requests due to perceived costs or operational concerns.

Local disability discrimination attorneys understand the unique challenges faced by workers in Menifee's evolving job market. They know how to work with employers of all sizes to ensure compliance with disability laws while protecting employees' rights to equal treatment and reasonable accommodations.

If you're experiencing disability discrimination in Menifee, don't wait to seek legal help. Robinson Bradford LLP has over 70 years of combined experience protecting workers' rights under disability laws. Call our disability discrimination attorneys at (828) 276-3265 for immediate legal guidance, or learn more about our employment law services today.

Finding Quality Employment Defense in Corona

Mon, 22 Sep 2025 09:00:11 GMT

Finding Quality Employment Defense in Corona

Finding quality employment defense in Corona means working with attorneys who represent both employers and employees, giving them unique insight into how workplace disputes unfold from both perspectives. These lawyers understand the strategic considerations that drive employment litigation and can provide practical guidance for resolving conflicts effectively.

Employment defense cases require attorneys who can navigate complex workplace relationships while protecting their clients' interests. The best practitioners combine legal expertise with business understanding to achieve favorable outcomes through negotiation or litigation.

What Makes Employment Defense Different from Other Legal Practice Areas?

Employment defense work involves understanding both legal requirements and practical business operations. Attorneys must know federal and state employment laws, but also understand how real workplaces function and the challenges employers face in day-to-day operations.

These cases often involve sensitive workplace relationships and require careful handling to protect ongoing business operations. The best employment defense attorneys know when to negotiate, when to stand firm, and how to achieve resolutions that serve their clients' long-term interests.

How Do You Evaluate an Employment Defense Attorney's Experience?

Look for attorneys who have handled a wide variety of employment matters, including discrimination claims, wage disputes, wrongful termination cases, and workplace policy issues. They should be able to discuss specific cases they've handled and the strategies that led to successful outcomes.

The best employment defense lawyers stay current with changing employment laws and understand how new regulations affect their clients. They should be able to explain recent legal developments and how they impact your specific situation or industry.

What Strategies Do They Use to Resolve Employment Disputes?

Experienced employment defense attorneys often focus on early resolution strategies that avoid costly litigation. This includes thorough investigation of claims, strategic use of mediation or arbitration, and negotiated settlements that protect their clients' interests while avoiding public legal battles.

When litigation is necessary, they should be prepared to mount aggressive defenses based on thorough fact development and strong legal arguments. The best attorneys know how to present their clients' positions effectively to judges and juries.

How Do They Help Prevent Future Employment Problems?

Quality employment defense attorneys don't just handle current disputes - they help clients develop policies and practices that prevent future legal problems. This includes reviewing employee handbooks, training management staff, and establishing clear procedures for handling workplace issues.

They should be able to provide guidance on best practices for hiring, discipline, termination, and other employment decisions. Proactive legal counsel often prevents small issues from becoming major legal problems.

How Corona's Business Community Affects Employment Defense Needs

Corona's mix of manufacturing, logistics, and service businesses creates diverse employment law challenges that require attorneys with broad industry knowledge. Different types of businesses face different regulatory requirements and potential liability issues, from safety compliance in manufacturing to scheduling practices in retail.

Local employment defense attorneys understand the specific challenges faced by Corona-area businesses and can provide targeted advice that reflects the reality of operating in this market. They know the local legal environment and have relationships with other professionals who can support comprehensive legal strategies.

Whether you need employment defense representation or guidance on workplace policies, Robinson Bradford LLP has over 70 years of combined experience handling complex employment matters. Contact our employment law specialists at (828) 276-3265 for strategic legal counsel, or learn more about our business law services today.

When to Call an FMLA Discrimination Attorney in Riverside

Mon, 08 Sep 2025 09:00:39 GMT

When to Call an FMLA Discrimination Attorney in Riverside

You should call an FMLA discrimination attorney in Riverside immediately if your employer has retaliated against you for taking protected family or medical leave, denied your rightful leave request, or treated you negatively because of your FMLA usage. These violations of federal law can result in significant legal consequences for employers and compensation for affected employees.

FMLA discrimination often occurs when employees don't understand their rights or employers try to discourage the use of protected leave. Recognizing these violations early and getting legal help can protect your job and ensure you receive the benefits you're entitled to under federal law.

What Are the Warning Signs of FMLA Discrimination?

FMLA discrimination typically involves employers treating employees differently because they took or requested family medical leave. This includes being fired, demoted, or having your hours reduced after returning from FMLA leave, or being denied promotions because of your leave history.

You may also experience discrimination if your employer creates a hostile work environment after your return, assigns you to less desirable shifts or tasks, or makes comments suggesting you're unreliable because you used FMLA leave. These actions violate federal law and can be grounds for legal action.

How Do You Document FMLA Violations?

Start documenting potential FMLA violations as soon as you notice concerning behavior from your employer. Keep copies of all paperwork related to your leave request, including medical certification, approval letters, and any communication with HR or supervisors about your leave.

Write down dates, times, and details of any negative comments or actions from supervisors related to your FMLA leave. Save emails and text messages that show discriminatory behavior, and ask trusted coworkers if they witnessed any improper treatment related to your leave usage.

What Can an FMLA Attorney Do for Your Case?

An experienced FMLA attorney will investigate your case thoroughly, gathering evidence to prove your employer violated your rights. They'll review your employment records, interview witnesses, and determine the full extent of damages you've suffered due to the discrimination.

Your attorney can also handle negotiations with your employer's legal team to reach a fair settlement, or take your case to court if necessary. They understand the specific requirements of FMLA law and know how to build compelling cases that hold employers accountable for violations.

What Outcomes Can You Expect from FMLA Cases?

Successful FMLA discrimination cases can result in various forms of relief, including reinstatement to your position, back pay for lost wages, compensation for emotional distress, and changes to company policies to prevent future violations.

In some cases, you may also be entitled to front pay if returning to your job isn't feasible, and your employer may be required to pay your attorney's fees. The specific remedies depend on the severity of the violation and the impact on your career and personal life.

How Riverside's Healthcare Industry Affects FMLA Cases

Riverside's significant healthcare sector means many residents work in high-stress medical environments where FMLA leave is common but sometimes discouraged due to staffing concerns. Healthcare employers may illegally pressure employees to avoid taking leave or retaliate against those who use their FMLA rights during critical periods.

Local FMLA attorneys understand the unique pressures faced by healthcare workers and other essential service employees in Riverside. They know how to address employer arguments about operational needs while protecting employees' federal rights to medical and family leave.

If you've experienced FMLA discrimination in Riverside, time limits for filing claims make it essential to act quickly. Robinson Bradford LLP has over 70 years of combined experience protecting employees' rights under federal law. Contact our FMLA discrimination specialists at (828) 276-3265 for immediate legal guidance, or explore our employment law services to learn about your options.

How to Choose a Wage Dispute Lawyer in Temecula

Mon, 25 Aug 2025 14:41:11 GMT

How to Choose a Wage Dispute Lawyer in Temecula

Choosing a wage dispute lawyer in Temecula requires finding someone who specializes in employment law and has a strong track record of recovering unpaid wages for employees. You want an attorney who understands California's complex wage and hour laws and can effectively negotiate with employers or take your case to court if necessary.

Wage disputes can be complex, involving unpaid overtime, missed breaks, commission disputes, or misclassification issues. The right attorney will know exactly what evidence to gather and how to calculate the full amount you're owed, including penalties and interest.

What Experience Should You Look for in a Wage Dispute Attorney?

The most effective wage dispute lawyers focus specifically on employment law and have handled hundreds of similar cases. Look for attorneys who can show you specific examples of wage and hour cases they've won and the amounts they've recovered for clients.

Experience with California labor laws is essential because the state has some of the most employee-friendly wage and hour protections in the country. Your attorney should understand meal and rest break requirements, overtime calculations, and the penalties employers face when they violate these laws.

How Do You Evaluate Their Success Rate?

Ask potential attorneys about their success rate in wage dispute cases and request examples of recent settlements or verdicts. A good employment lawyer should be able to discuss the types of cases they handle most often and their typical outcomes.

Don't just focus on the total dollar amounts they've recovered - also ask about their success rate in different types of wage cases. Some attorneys excel at overtime disputes while others specialize in commission or piece-rate pay issues. Make sure their experience matches your specific situation.

What Questions Should You Ask During Your Initial Consultation?

During your first meeting, ask how the attorney would approach your specific case and what evidence they'll need from you. Find out their typical timeline for resolving wage disputes and whether they prefer to settle cases or take them to trial.

You should also understand their fee structure. Many wage dispute lawyers work on contingency, meaning they only get paid if you recover money. Ask about the percentage they charge and whether there are any upfront costs you'll need to pay.

How Can They Help Calculate What You're Owed?

Experienced wage dispute attorneys know how to calculate not just your unpaid wages, but also the penalties and interest you may be entitled to under California law. They'll review your pay stubs, time records, and work schedules to determine exactly how much your employer owes you.

California's wage and hour laws include significant penalties for violations, which can sometimes double or triple the amount you recover. Your attorney should explain these penalty provisions and how they apply to your specific situation.

How Temecula's Economy Affects Wage Dispute Cases

Temecula's diverse economy spans hospitality, retail, healthcare, and wine industry businesses, each with unique wage and hour challenges. Hotels and restaurants often have complex tip reporting and overtime issues, while retail businesses may have problems with break periods and scheduling practices.

Local attorneys understand how different industries in the Temecula area typically structure their pay systems and where violations commonly occur. This knowledge helps them identify potential legal issues you might not have considered and build stronger cases against local employers.

If you're dealing with unpaid wages in Temecula, don't wait to protect your rights. Robinson Bradford LLP has over 70 years of combined experience helping employees recover the wages they've earned. Contact our wage dispute specialists at (828) 276-3265 for a free consultation, or learn more about our unpaid overtime services today.

What to Expect from Wrongful Termination Attorneys in Stockton

Mon, 25 Aug 2025 14:41:03 GMT

What to Expect from Wrongful Termination Attorneys in Stockton

Working with wrongful termination attorneys in Stockton means having experienced legal advocates who will thoroughly investigate your firing, gather evidence to support your case, and fight for the compensation you deserve. These attorneys understand California's complex employment laws and know how to build strong cases against employers who violate workers' rights.

When you've been wrongfully terminated, the legal process can feel overwhelming. Understanding what your attorney will do and how they'll approach your case helps you feel more confident about moving forward with legal action.

How Do Wrongful Termination Attorneys Investigate Your Case?

Your attorney will start by reviewing all documents related to your employment and termination. This includes your employment contract, performance reviews, disciplinary records, and any emails or communications you have with supervisors or HR.

They'll also interview witnesses who can testify about your work performance, the circumstances of your firing, or any discriminatory behavior you experienced. Many successful wrongful termination cases rely on testimony from coworkers who witnessed illegal conduct or can verify your version of events.

What Evidence Will They Gather for Your Case?

Strong wrongful termination cases require specific types of evidence that prove your firing was illegal. Your attorney will collect documentation showing you were performing your job satisfactorily, had no serious disciplinary issues, and that your termination violated company policy or employment law.

They'll look for patterns of discrimination or retaliation, especially if you filed complaints about workplace safety, discrimination, or other legal violations before being fired. Email trails, witness statements, and company policy documents often provide the strongest evidence in these cases.

How Do They Negotiate with Your Former Employer?

Most wrongful termination cases settle out of court through negotiations with your former employer's legal team. Your attorney will present the evidence they've gathered and make a compelling case for why you deserve compensation for lost wages, emotional distress, and other damages.

Experienced attorneys know how to value your case appropriately and won't accept lowball settlement offers. They understand what similar cases have settled for and will fight to get you fair compensation that reflects the true impact of your wrongful termination.

What Are They Prepared to Do if Your Case Goes to Trial?

While most cases settle, your attorney should be fully prepared to take your case to trial if necessary. This means having all evidence organized, witnesses prepared to testify, and a clear strategy for presenting your case to a jury.

Trial preparation shows employers that your attorney is serious about fighting for your rights. This often motivates them to offer better settlement terms rather than risk a larger jury verdict.

How Stockton's Employment Landscape Affects Wrongful Termination Cases

Stockton's economy includes agriculture, healthcare, manufacturing, and government sectors, each with different employment practices and potential legal issues. Local attorneys understand how these industries operate and the common ways wrongful termination occurs in different types of workplaces.

The city's diverse workforce means attorneys regularly handle cases involving discrimination based on race, age, disability, and other protected characteristics. This experience helps them recognize illegal termination patterns and build stronger cases for clients from all backgrounds.

If you believe you were wrongfully terminated in Stockton, don't wait to protect your rights. Robinson Bradford LLP has over 70 years of combined experience handling complex employment cases. Contact our wrongful termination specialists at (828) 276-3265 for a free case evaluation, or learn more about our employment law services today.

How to Find an Employment Lawyer in Murrieta

Mon, 25 Aug 2025 14:40:56 GMT

How to Find an Employment Lawyer in Murrieta

Finding the right employment lawyer in Murrieta starts with understanding your specific workplace issue and looking for attorneys who specialize in employment law rather than general practice lawyers. You want someone with deep experience in California employment laws and a proven track record of handling cases like yours.

When workplace problems arise, having the right legal representation can make all the difference in protecting your rights and securing fair treatment. Murrieta residents have access to experienced employment attorneys who understand both state and federal workplace laws.

What Should You Look for in an Employment Attorney?

The best employment lawyers focus specifically on workplace law and have handled hundreds of similar cases. Look for attorneys who offer free case evaluations, as this shows they're confident in their ability to assess your situation and provide honest guidance about your options.

Experience matters tremendously in employment law. You want an attorney who has been practicing for years and can point to specific successes in cases involving wrongful termination, wage disputes, harassment, or discrimination. They should be able to explain complex legal concepts in simple terms and help you understand what to expect throughout the process.

How Do You Know if You Have a Valid Employment Case?

Valid employment cases typically involve violations of your legal rights as an employee. This includes situations where you've been fired for illegal reasons, denied proper wages or overtime pay, or subjected to harassment or discrimination based on protected characteristics.

Many people don't realize they have legal options when workplace problems occur. If you've experienced retaliation for reporting safety concerns, been misclassified as an independent contractor when you should be an employee, or had your FMLA rights violated, these could all be grounds for legal action.

What Questions Should You Ask During a Consultation?

During your initial meeting, ask about the attorney's specific experience with cases like yours and their success rate. Find out how they typically handle cases - whether they prefer to settle or are willing to go to trial if needed.

You should also understand how the attorney gets paid. Many employment lawyers work on contingency, meaning you don't pay unless they win your case. Ask about any upfront costs and what percentage they take if successful. Make sure you're comfortable with their communication style and feel confident they'll keep you informed throughout the process.

How Murrieta's Business Environment Affects Employment Cases

Murrieta's diverse economy includes healthcare, retail, technology, and service industries, each with unique employment law considerations. The city's rapid growth has brought both established corporations and smaller businesses, creating a complex employment landscape where violations can occur in different ways.

Local employment attorneys understand how Murrieta's business community operates and the common workplace issues that arise in the area. This local knowledge helps them build stronger cases and negotiate more effectively with local employers and their legal teams.

If you're dealing with workplace problems in Murrieta, don't wait to seek legal guidance. Robinson Bradford LLP has over 70 years of combined experience helping employees protect their rights. For a free case evaluation, call our employment law team at (828) 276-3265 or contact our wrongful termination attorneys today.

Alternative Dispute Resolution

Wed, 21 May 2025 19:50:03 GMT

Contrary to popular belief, most business disputes do not go to trial. If your business is facing a dispute, litigation may not be the only option to resolve it. You may be able to resolve your dispute with the help of alternative dispute resolution (ADR) methods.

If you do not understand your options for resolving disputes, you may need to seek the guidance of an experienced business law attorney. Our team of attorneys at Robinson Bradford LLP can evaluate your situation to help you decide on the best course of action in your case. Also, we pride ourselves on guiding our clients towards success. We represent clients with all types of alternative dispute resolution options and litigation in Stockton, California, as well as Temecula and Costa Mesa.

What Is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution refers to methods that allow the parties to resolve disputes less formally outside of the courtroom. As the name implies, ADR methods are an alternative to litigation. When resolving a dispute through ADR, parties to a dispute work with a neutral third party (a mediator) to negotiate a mutually agreeable solution or let a neutral decision-maker (an arbitrator) make a legally binding decision for them.

According to the U.S. Department of Labor, alternative dispute resolution (ADR) provides a forum for the parties to a dispute to work out a voluntary agreement without having a judge to decide for them. ADR methods are commonly used to resolve both employment and business disputes.

Common Alternative Dispute Resolution Methods

Three of the more commonly used alternative dispute resolution methods are:

Mediation. This ADR method allows the parties to work with a neutral, third-party mediator to resolve their dispute. The mediator facilitates communication between the parties to a dispute to help them reach a voluntary and mutually acceptable agreement. However, the mediator does not make the decision for the parties.
Arbitration. This ADR method is slightly different from mediation. The parties refer their dispute to an arbitrator or a panel of arbitrators who apply the law to the facts of the dispute and make a legally binding decision for the parties. Unlike mediators, who do not have decision-making power, arbitrators can decide the case when the parties cannot agree on their own.
Med-Arb. Med-Arb is a hybrid ADR method that combines mediation and arbitration processes. As the name implies, the parties first agree to mediate their dispute. If their attempts to resolve the dispute through mediation fail, their case will proceed to arbitration, where an arbitrator will make a binding decision for the parties.

If you are not sure which ADR method to choose to resolve your dispute, you must contact a knowledgeable attorney to explore your options. Our business law attorneys at Robinson Bradford LLP help businesses in Stockton, Temecula, and Costa Mesa resolve their disputes through ADR methods or litigation, depending on the facts of the dispute and the parties’ willingness to negotiate.

What Are the Benefits of ADR?

There are many benefits of choosing alternative dispute resolution over litigation, including but not limited to:

Cost. ADR methods such as mediation and arbitration are generally much more cost-effective compared to taking a dispute to trial.
Time. Litigation can be extremely time-consuming when resolving business disputes. ADR is generally quicker than going to court. Depending on the complexity of the dispute, the litigation proceedings could last for months or years.
Disruption. Pending litigation can disrupt your business operations in different ways. Choosing ADR methods, on the other hand, is generally less disruptive.
Publicity. Litigation is public, which means your business and its operations will be subject to public scrutiny. ADR methods such as mediation and arbitration are private forms of dispute resolution.

Even if your business dispute does not go to court, you still need an attorney to protect your interests and help you navigate the dispute resolution process.

Discover Your Options

The business law attorneys at Robinson Bradford LLP recognize that business disputes are sometimes best resolved through alternative dispute resolution methods such as mediation and arbitration. ADR methods are generally less expensive and time-consuming and bring less disruption to businesses. Get a free consultation today to discuss the available ADR methods in your particular case. Our team has the knowledge, resources, and experience necessary to assist your specific situation in Stockton, California, as well as Temecula and Costa Mesa.

Understanding Tortious Interference Claims in California

Wed, 21 May 2025 19:50:01 GMT

Business competition can sometimes be ruthless, but just competing with another entity for customers, sales, and profits is not generally illegal. However, both California contract law and tort law allow for legal action when a third party wrongfully interferes with a contract or ongoing business relationship to the detriment of the affected party.

This type of action falls under the general label of tortious interference. A tort, unlike a crime, is a civil wrong that can be addressed in civil court.

Generally, there are three types of tortious interference recognized in California. One is interference with contractual relationships (IWCR). Another is interference with prospective economic advantage (IWEP). A third type, not based on intentional acts, is negligent interference with an economic advantage when no contract is involved.

If you feel your business is being harmed by tortious or negligent interference, contact the business law attorneys at Robinson Bradford LLP. With offices in Stockton, Temecula, and Costa Mesa, we proudly serve business clients in the Golden State.

With a combined half-century of experience, our attorneys can examine the circumstances of your claim, advise you of your legal options, and help you mount any legal or other action necessary to protect your business interests.

Understanding Tortious Interference

Perhaps the most famous case of tortious interference in the United States came in 1984 when Texaco interfered with efforts by Pennzoil to purchase Getty Oil. Pennzoil prevailed and was awarded $10 billion in economic and punitive damages, with the two parties later agreeing on $3 billion.

Tortious interference is not a single statute on the books in California or any other state but evolves through court cases and precedents set. In fact, as recently as 2020, the California Supreme Court was still interpreting the requirements for proving any type of tortious interference.

In Ixchel Pharma, LLC v. Biogen, Inc., the court ruled that in any type of tortious interference claim, the plaintiff must show “independent wrongfulness” by the defendant or interfering party. Otherwise, it said, legitimate business competition could be chilled and restrained.

Types of Tortious Interference

As referenced earlier, there are three forms of tortious interference – two intentional, one negligent, one involving contracts, and the others ongoing or prospective business relationships. These are:

INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS: In this type, there needs to be a written or oral contract governing the activities of the parties to the contract. For instance, Company A may contract with Company B to supply chips to power its line of manufacturing plant robots. Company C steps in and offers Company B more for its chips. B agrees and either shortchanges its shipments to A, eliminates them altogether, or says it won’t comply until the higher price is met. C has intentionally interfered with a contracted agreement.

INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE: Here there may not yet be a contract, but A and B are in the stages of agreeing on a business plan that will benefit both. C interferes to siphon off any prospective advantage to itself. The business arrangement between A and B may already be ongoing, and C’s actions threaten to or actually do disrupt the advantages enjoyed or envisioned by A and B.

NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE: Here the interference by C may result in the same loss of advantage by A and B, or one or the other, but the interference need not be shown to be intentional. The standard is that the defendant, or interfering agent, knew or should have known about the relationship and economic prospects enjoyed by A and B but interfered anyway.

Proving Tortious Interference

If you go to court and prevail, you can generally recover damages, usually lost profits. Punitive damages are also available if the interfering party acted with “malice, fraud or oppression.” In other words, the defendant not only intended to interfere but also aimed to cause deliberate harm.

In any tortious interference lawsuit, the plaintiff alleging the interference must show:

There was an existing contract or business relationship based on economic necessity.
The interfering party knew or should have known about this relationship.
The defendant, intentionally or wrongfully, interfered with that relationship.
The interference caused economic and/or other losses to the plaintiff.

Turn to Skilled Legal Guidance

If you suspect someone or another business is interfering with your contracts, business relationship, or prospective economic advantage, you need skilled and experienced legal counsel on your side to assess the situation and propose legal options going forward.

The business law attorneys at Robinson Bradford LLP stand ready to help you with any tortious interference claim. Not every instance needs to go to court, but all need to be dealt with and resolved, either through negotiations and confrontation or filing a lawsuit.

Contact Robinson Bradford LLP when you feel your business is illegally interfered with in Stockton, Temecula, or Costa Mesa, California.

How to Protect Your Business While Being Sued

Wed, 21 May 2025 19:50:01 GMT

Building a successful company is a tough endeavor. You face many obstacles, including competition for customers, cash flow problems, supply chain issues, and employee recruitment and retention challenges, to name a few. Odds are, yours will be one of the 90% of businesses that face a lawsuit at some point (if you haven’t already become a part of that statistic).

What you do when your business is being sued may be critical to your company’s survival. A failure to respond in the right way and protect your business in the process may lead you to shutter your business and your entrepreneurial goals with it.

At Robinson Bradford LLP, we have been helping businesses protect themselves for decades in Stockton, Costa Mesa, and Temecula, California. As a small business, our firm is acutely aware of what’s at stake. As experienced business litigation attorneys, we are dedicated to helping our clients be successful when facing legal challenges.

What Business Lawsuits Are Common?

Coming in at 12 million annually, contract-related lawsuits are the most common type of business litigation. You may be sued by customers or clients, employees, vendors, landlords, or any party with whom you sign any type of contract or agreement.

Personal injury lawsuits are common. Slip-and-fall and other premises liability lawsuits are frequent among businesses with brick-and-mortar locations. Auto accidents involving you or your employees being accused of causing a crash while in the agency of your business occur often.

Moreover, as legal protections continue to increase, lawsuits related to discrimination are common, filed primarily by customers, clients, tenants, and employees. Employees may also file workers' compensation claims or lawsuits alleging workplace harassment.

In some types of businesses, violations of intellectual property laws are frequent grounds for lawsuits.

What Should I Do If My Business Is Sued?

There are certain precautions you should take when your business is being sued. These seven steps might protect your business from crumbling under the stress of litigation.

When you are served with notice of the filing of a lawsuit that lists you as a defendant, note all deadlines included therein. If there are no specific deadlines mentioned, that does not mean you can ignore it. In California, you generally have 30 days from the date of service to file a formal response with the court in which you are being sued. If you fail to respond in a timely manner, the plaintiff can obtain a default judgment against you.
When you are served, or in advance of being served if you know someone intends to sue you, immediately hire an experienced California business litigation attorney. Your attorney will ensure a timely and appropriate response to a lawsuit and will help you prepare a defense against it.
If you have insured your business against the type of lawsuit filed, notify your insurance company. For example, if it is a personal injury claim arising from a slip-and-fall, contact your premises liability insurer. If the lawsuit was filed by an employee injured at work, contact your workers’ compensation insurer.
Be careful with what you say or do outside the legal process. You need to avoid making the situation worse by committing slander or libel. Do not use social media or any type of communication to air your grievances with the plaintiff. All communication of any kind should be handled via your attorney. If not, you risk having your words and actions used as evidence against you in court.
Begin gathering records, correspondence, contracts, and other documents relevant to the allegations the plaintiff has made against you. Your attorney will need these to develop a defense.
Conduct your own internal investigation of the allegations and use your attorney’s expertise to help. Remember that your employees and those acting in the agency of your business are your business. As such, you are responsible for their actions. It is important that you rely on guidance from your attorney to make sure you do not make the situation worse. This is especially true if the plaintiff is a current or former employee.
Be completely honest and forthcoming with your attorney. Remember that attorney-client privilege applies to your communication with your lawyer, and your legal counsel cannot adequately defend you if you fail to provide any and all information relevant to the lawsuit allegations. Your attorney has only your best interests at heart and will guide and counsel you with those in mind.

What Should I Not DonWhen My Business Is Sued?

If your business is sued, do not ignore the lawsuit and do not take steps to attempt to conceal evidence or proof of the plaintiff’s allegations.

If you do find clear evidence that could support the allegations, do not just continue business as usual. Talk to your attorney about taking steps to rectify the situation immediately. It could curtail the subject lawsuit, but it might certainly keep someone else from filing a similar one in the future. For example, if a new employee policy will keep an event from recurring, implement it right away. Finally, do not draw attention to the lawsuit, especially by lashing out at the plaintiff.

Don’t Risk Your Business. Call Now.

The odds of having your business sued are great, but the odds of losing your business because of it don’t have to be. The best way to reduce the risks of negative impacts on your business is to hire an experienced and tenacious business litigation attorney right away.

If your business is being sued or may be sued in Temecula, Stockton, or Costa Mesa, California, call Robinson Bradford LLP now. We can help.

What Qualifies as a Trade Secret in California?

Wed, 21 May 2025 19:50:00 GMT

When people hear the term “trade secret,” they often think of the formula for Coca-Cola, which is locked inside a vault at corporate headquarters in Atlanta, Georgia, and is never known by more than two people at one time. The two parts of the term – trade and secret – pretty much reveal what a trade secret is.

First, it is an idea, concept, marketing strategy, customer base, algorithm, recipe, formula, a machine, a process, or just about anything that gives a business – a trade -- a competitive advantage over its rivals. Second, it must be protected as if it’s a secret, whether in a vault, like Coca-Cola, in protected databases, or through nondisclosure agreements and other efforts to keep the information from falling into the hands of competitors.

California, like most other states, has adopted the Uniform Trade Secrets Act (UTSA) to allow businesses and individuals to protect their trade secrets from what the state calls “misappropriation” rather than theft, which is actually what may have led to its unauthorized use by others.

If your business has seen its trade secret misappropriated by others, or you have been accused of misappropriating another entity’s trade secret, in Stockton, Temecula, or Costa Mesa, California, contact the attorneys at Robinson Bradford LLP.

With our combined 50 years plus experience in business disputes and litigation, we can listen to your story, explain your legal options to you, and attempt to fight for your rights.

Understanding Trade Secrets

According to the United States Patent and Trademark Office (USPTO), a trade secret has three components, which in the agency’s own words are:

information that has either actual or potential independent economic value by virtue of not being generally known,
is valuable to others who cannot legitimately obtain the information, and;
subject to reasonable efforts to maintain its secrecy.

Though trade secrets, unlike copyrights, patents or trademarks, are not registrable with a government agency such as the USPTO, federal laws do protect them. The Economic Espionage Act of 1996 protects the owners of trade secrets and allows for criminal action by the U.S. Department of Justice (DOJ) for their theft.

The Defend Trade Secrets Act (DTSA) of 2016 expands the Economic Espionage Act to allow for civil action by those possessing trade secrets that have been misappropriated. The DTSA does not override any state trade secret laws, but it allows those abused to choose between state and federal civil actions.

California Law on Trade Secrets

The California Uniform Trade Secrets Act (UTSA) is found in the California Civil Code Section 3426.1, whose definition of trade secret mirrors the USPTO version:

“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The same section defines misappropriation in two ways -- as the acquisition by improper means, and as through the use and disclosure of trade secrets.

Improper means include theft, bribery, misrepresentation, breach, or espionage whether through electronic means or otherwise. A former employee who takes a trade secret to a competitor by downloading it or taking a physical copy is using improper means.

The second definition includes a former employee’s use and disclosure of confidential customer information to, for instance, solicit customers for a new employer.

Former Employer Provision

There is also the concept of “inevitable disclosure,” meaning that a former employee cannot wipe clean their knowledge gained during previous employment, and thus the revelation of trade secrets is a natural occurrence.

California courts generally reject the inevitable disclosure defense but at the same time require that the former employer must have actual evidence of the use and disclosure of trade secret information before bringing a lawsuit.

Getting Experienced Legal Counsel

If your business suspects your trade secret has been misappropriated or is being accused of misappropriating a trade secret, you need to seek out experienced legal counsel.

Trade secret disputes can be complex and challenging. The victim of trade secret misappropriation may be awarded damages – compensation – for any lost revenue due to the act, and the misappropriating party may be required to compensate the trade secret holder.

For all your trade dispute issues – including taking the proper measures to protect your trade secrets – contact the attorneys at Robinson Bradford LLP. We have a half-century’s worth of experience in resolving business disputes and exercising the rights of the parties involved.

We proudly serve clients in Stockton, Temecula, and Costa Mesa, California.

What Breaks Are Employees Entitled to in California?

Wed, 21 May 2025 19:49:59 GMT

The federal Fair Labor Standards Act (FLSA) of 1938 virtually revolutionized the U.S. workplace by instituting a standard workweek of 40 hours, a minimum wage, overtime pay of time-and-a-half one’s hourly wage after 40 hours, and establishing recordkeeping and child labor regulations.

The legislation required states to follow these standards so long as they participated in interstate commerce, but it also allowed states to pass legislation exceeding the FLSA. In recent decades, California has more and more been on the vanguard of labor law legislation pushing FLSA standards to new heights.

While the FLSA did not mandate sick time, vacation days, or meal or rest periods for workers, the Golden State mandates three sick days a year, though it raised that to two weeks during the pandemic. Though the state does not mandate vacation time, it has put in place vigorous protections for those who enjoy these benefits at work. And, on the meal and rest period front, California has indeed filled in the void left in the FLSA.

If you are an employee in or around Stockton, Temecula, or Costa Mesa, California, and you’re being denied meal or rest break rights, or if you simply want more information to make an informed decision, contact the employment law attorneys at Robinson Bradford LLP. Together, we have over 50 years of trial experience defending employee rights.

Robinson Bradford LLP proudly represents clients throughout Stockton, Temecula, and Costa Mesa, California.

California Laws on Meal and Rest Breaks

California regulates businesses in California through a series of what it calls work orders. They are usually industry-specific but can be sometimes difficult to decipher. These orders govern wage-and-hour issues and other employment conditions.

Some employers get confused about when a meal or rest break is required by state law and for how long. For starters, you should know that rest and meal breaks apply only to nonexempt employees, generally meaning those who are on hourly wages. Exempt employees are those paid by salary or commission rather than an hourly rate.

In basic terms, California requires that nonexempt workers receive a 10-minute paid rest break for every four hours they work. According to the state’s Division of Labor Standards Enforcement (DLSE), work periods of more than two hours constitute a “major fraction” of the four-hour standard, but no rest period is required if an employee works fewer than three-and-a-half hours.

Further, employees enjoy the right to a “net” 10-minute break, which means that they should be allowed to take their breaks near the middle of each four-hour period in a place away from their work area, if possible. The latter could present an issue for the employer since the 10 minutes are supposed to begin once the employee is relieved of all duties. But, what if the breakroom is a five-minute walk away?

As for meal breaks, employees must receive a 30-minute unpaid meal break for every five hours of work. If they work 10 hours, they are entitled to another 30 minutes, but they can waive this entitlement if the first break was taken on time. Meal breaks must begin before the fifth hour of work has been reached. So, if an employee starts at 9 a.m., the meal break must begin by 1:59 p.m.

If employees work no more than six hours, they can waive the meal break requirement.

On-duty meal breaks are permitted only if the nature of the work prevents the employee from being relieved of duty, but an on-duty meal break must be agreed to in writing and must be paid.

Lactation Accommodation

By law, every California employer must provide a “reasonable amount of break time” for an employee to pump breast milk for the employee’s infant each time the employee has a need to do so.

The law allows this period to coincide with regular rest breaks, but if it doesn’t, then it need not be paid. The employer must also provide a room dedicated to this activity that is separate from restrooms and shielded from view.

Premium Pay for Breaks Denied

If an employer fails to provide any of these mandated rest and meal break periods, the employee is entitled to one hour of premium pay for each break period violated. The definition of premium payment has been subject to debate, but a California appeals court recently ruled that it means the employee’s regular base hourly rate of pay. The California Supreme Court has agreed to review the issue.

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If you or a loved one has been subjected to violations of meal and break periods mandated under California law, contact us at Robinson Bradford LLP. We know California employment law and have extensive experience in helping employees exercise the full extent of their rights.

If you’re located in or around Stockton, Costa Mesa, or Temecula, California, reach out now. Let’s discuss your situation, weigh your options, and advise you of your best path forward.

The Importance of Employee Classification

Wed, 21 May 2025 19:49:59 GMT

According to data from the Bureau of Labor Statistics (BLS), human resources management is predicted to grow at a faster rate than the combined average of all other professions by 2028. As such, compliance with local, state, and federal laws governing a company’s human resources continues to grow increasingly complicated. Proper classification of employees is one of the most prominent compliance issues and one of the most confusing. The rise of the gig economy has muddied the legal waters on who employers must classify as employees and who as independent contractors.

After AB5 became law in California, codifying a state Supreme Court decision handed down in 2018, many gig workers—especially those in the app-driven rideshare and food delivery industries—should have been classified as employees. The passage of Proposition 22 in 2020 exempted those gig employees from AB5, but in 2021, a California District Court ruled that Prop 22 is unconstitutional.

The enormous confusion surrounding employee classification is not a free pass for employers. They are obligated to follow the law and face consequences if they fail to do so. If you are an employer in Stockton, Temecula, Costa Mesa, or anywhere else in California, it’s smart to work with a seasoned employment law firm like Robinson Bradford LLP. We have been helping employers navigate compliance with employee classification for nearly two decades.

What is Employee Classification & Why Is It Important?

There are many levels involved with classifying employees, such as which ones are hourly and which ones are salaried. Then there’s the larger issue of which workers are employees of your company and which are independent contractors.

Independent contractors typically do not qualify for most of the benefits employers are required to provide for employees. They operate their own business on their own terms, lack the permanency of an employee position, and may have skills employee positions in the company do not have.

Employees work for the company on a full- or part-time basis, at the behest of the employer. In addition to at least minimum wage, employers must provide such benefits as unemployment and workers’ compensation insurance, Social Security and Medicare contributions, and for some, health insurance subsidies and paid time off.

With many employee benefits and protections required by law, such as the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, and the Immigration and Nationality Act, employers who fail to properly classify employees risk breaking not only these federal laws but a multitude of California employment laws as well.

How Does California’s Enactment of AB5 Affect My Company?

In 2018, the California Supreme Court rendered a decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, creating case law that presumed that someone who performs services for an employer is an employee unless that person can be classified as an independent contractor based on a three-part test referred to as the “ABC Test.” The court applied the test in the Dynamex case.

In 2019, the California legislature codified the case law with the passage of the law referred to as AB5. In that law, the ABC Test was specified to determine whether someone who performs services for an employer met the requirements to determine if that person is an independent contractor and therefore, not an employee.

Based on the ABC Test, a worker should be classified as an employee unless the employer can meet all three of the following requirements:

A. The person is not under the direction and control of the employer for how the work is done;

B. The person is providing services that are not a part of the usual employee positions the employer hires workers to do; and,

C. The person does the same type of work independently for individuals and entities other than the employer.

Workers who meet all three requirements, are independent contractors and are therefore not entitled to the same protections and benefits as employees.

There are some exceptions to the ABC Test, including such licensed professionals as physicians, accountants, lawyers, engineers, architects, and commercial fishermen.

What Are the Penalties if I Don’t Comply?

Failure to comply with California labor law exposes you to civil actions allowed under the Labor Code Private Attorneys General Act which means workers who should have been classified as employees and were not can sue for damages related to wages, benefits, and other protections under the law.

Lawsuits are not only extremely expensive and time-consuming to defend but can severely damage a company’s reputation in the eyes of its customers, vendors, and employees.

How Robinson Bradford LLP Can Help

Employee misclassification is a serious matter as well as a complicated one. Even highly-trained human resources professionals can be perplexed by the issue, and one mistake can prove costly to a company’s reputation and its bottom line.

If you have questions about whether you are properly complying with employee classification laws, Robinson Bradford LLP can help. Our attorneys stay abreast of labor laws and regulations and can help client companies remain in compliance.

Don’t wait for a disgruntled employee to sue. If you live in Stockton or anywhere else in California, reach out to Robinson Bradford LLP today.

UNDERSTANDING PREGNANCY DISABILITY LEAVE

Wed, 21 May 2025 19:49:57 GMT

According to the National Partnership for Women and Families, the U.S. Equal Employment Opportunity Commission (EEOC) receives approximately 7,000 pregnancy discrimination claims yearly. Fortunately, California is at the forefront of protecting employees’ rights in general and pregnant women’s rights and welfare specifically.

The Golden State’s Pregnancy Discrimination Leave (PDL) policy allows up to four months of leave for women who are facing difficulties associated with pregnancy or childbirth. After that, 12 additional weeks under the California Family Rights Act (CFRA) may be available if both the employer and employee meet the law’s requirements.

If you feel that you have been illegally denied your rights as an employee under PDL, and you’re in the Stockton, Costa Mesa, or Temecula regions, contact Robinson Bradford LLP. Our attorneys are well versed in all of California’s leave laws and workplace protections, and we will help you fully exercise your rights for what you are legally entitled to.

What Is Pregnancy Disability Leave?

Pregnancy Disability Leave, or PDL, is a California program enabling women to take four months of leave when they face complications from pregnancy or childbirth. Employers with five or more employees are legally responsible for administering the program.

A pregnancy disability is a physical or mental condition that prevents you from performing the essential duties of your job. Generally, the disabling condition must be certified by a physician. Note, however, that pregnancy itself is not considered a disability under California law.

Since the PDL allows for up to “four months” of leave, employers initially assumed that to mean 16 weeks, but the law was clarified by the state to mean 17 and 1/3 weeks of leave (52 weeks divided by 3). The leave can be taken all at once or intermittently.

Who Qualifies for PDL?

If you work for an employer with five or more employees, you are entitled to PDL. Unlike other leave laws, there is no length-of-service requirement to be eligible. You can take PDL once each year if you suffer a pregnancy disability as described next.

The conditions that qualify for PDL include, but are not limited to, severe morning sickness, bed rest, pregnancy-induced hypertension, postpartum depression, loss or end of pregnancy, prenatal or postnatal care, gestational diabetes, preeclampsia, childbirth, and recovery from childbirth. Miscarriages and pregnancy terminations are also covered under the PDL.

Workplace Rights and Benefits Continue Under the PDL

If you receive health insurance at your place of employment and your employer pays for it, your employer is obligated to continue providing that benefit while you are on PDL. Your employer cannot require you to use vacation or other paid time off leave as part of your PDL, but they can require you to use your accumulated sick days.

In addition, your seniority at work will continue to accrue while on leave. Your employer is also obligated to return you to your previous or comparable position when your leave is over.

Reasonable Accommodations

If your disability does not qualify for full leave, it may qualify for a reasonable accommodation at work if your physician deems such accommodation as “medically advisable.” The standard here is that the woman is “affected” but not “disabled” by the pregnancy.

Unlike reasonable accommodations under legislation such as the Americans with Disabilities Act (ADA), the employer cannot argue the accommodation poses an “undue hardship.” The employer is required, through an interactive process with the employee, to provide an accommodation to suit the pregnant employee’s medical or physical limitations.

Accommodations might include assignment to less strenuous duties, physical modifications to the employee’s workspace, or longer or more frequent break periods.

Baby Bonding

The PDL does not exist for purposes of baby bonding, and it does not allow your spouse or partner to use the benefits. Only those who qualify under the definitions of pregnancy disability listed above can avail themselves of the PDL.

All employees, including the mother, however, are entitled to bonding leave under the California Family Rights Act (CFRA) and the federal Family Medical and Leave Act (FMLA), but for these programs, there are length-of-service requirements.

Both the CFRA and the FMLA require that you have worked for the same employer for at least 1,250 hours in the preceding 12 months to qualify. (The months do not need to be contiguous if the job is seasonal or otherwise interrupted for business purposes.) For the FMLA, your company must employ 50 or more persons within a 75-mile radius to qualify. For the CFRA, the employer must have at least five employees on the payroll.

Both parents can qualify under either program, and a bonding leave of up to 12 weeks can be taken under either program or both programs simultaneously. PDL and CFRA cannot run simultaneously, however, though you can take your 12 weeks for bonding following the conclusion of PDL. You cannot stack CFRA and FMLA on top of one another for 24 weeks of leave.

Turn to Us at Bradford Robinson LLP for Help

Not all employers are fully conversant with California’s leave and disability laws, and they may react accordingly, maybe even denying your request for PDL. But if they have five or more employees on the payroll, they are obliged to provide Pregnancy Disability Leave.

If you run into any PDL roadblocks, before, during, or after your leave, contact us at Robinson Bradford LLP. We will listen to your story and help you exercise your rights under California law. We proudly serve clients in and around Stockton, Temecula, and Costa Mesa, and all surrounding communities.

What Breaks Am I Entitled To?

Wed, 21 May 2025 19:49:56 GMT

California takes meal break and rest period requirements seriously. In 2019, Walmart lost a class action lawsuit filed on behalf of 5,000 workers at a fulfillment center in Chino. The award was $6 million for missed meal breaks.

Although federal law mandates no rest periods or meal breaks except for nursing mothers, California has specific statutes mandating both for non-exempt (hourly) employees as well.

If you feel your employer has been illegally denying you rest breaks, meal periods, or both, and you’re in the Stockton, Temecula, Costa Mesa, or Irvine areas of California, contact Robinson Bradford LLP. We will listen to your story, investigate, and help you exercise your rights not only to those guaranteed breaks, but also for penalties under the law owed to you for being denied them.

Federal Law on Meal and Rest Breaks

Federal law in the form of the Fair Labor Standards Act (FLSA) does not require employers to offer their workers either meal or rest breaks. However, if an employer does offer rest breaks, federal law requires that the employee be paid for that time. When it comes to “bona fide” meal breaks, however, there is no federal requirement to pay the employee. Bona fide generally means a break of 30 minutes or more. The employer is not required to allow employees to leave the worksite during a meal break.

California Law on Meal and Rest Breaks

California, on the other hand, has definite rest and meal break statutes on the books. The Golden State requires employers to provide a 30-minute unpaid meal break once an employee has worked five hours. If an employee works 10 or more hours, he or she will be entitled to a second meal break, but can waive that one if the previous one was taken.

Employers must also allow employees to take a 10-minute break for every four hours, or major fraction thereof, worked. If practical, the break should come in the middle of the four hours. No break is required if the employee works three-and-a-half hours or less. Rest breaks must be compensated.

These rest and meal break laws apply only to non-exempt employees, who generally are paid by the hour. Exempt workers for whom these laws don’t apply are those employees who:

Spend more than half their time doing managerial, intellectual, or creative work,
Exercise independent judgment and discretion in performing their duties, and
Earn a monthly salary equal to at least twice the California minimum wage.

Collective bargaining agreements that contain their own meal and rest standards also fall outside the rules for non-exempt employees. People working in the motion picture industry and those working as security guards, among other professions, will often have contracts specifying how meals and rest periods are to be handled.

Break Time for Nursing Mothers

Federal law does mandate that employers provide reasonable break time for an employee to express breast milk for a nursing child for one year after the child’s birth. There is no limit to the number of times a nursing mother can take such a break. The break time need not be compensated unless it coincides with an already-available and paid break period.

The employer is also required to provide a place other than a bathroom for expressing milk, which must be secluded from the view of others and completely private so that no one can enter or interrupt.

Penalties Under California Law

The California Labor Code requires that an employer who “fails to provide a meal or rest or recovery period . . . shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.”

The regular rate of compensation and its meaning came under review by the California Supreme Court, which ruled that it meant more than just the employee’s standard hourly wage. Instead, it must include considerations such as shift differentials and nondiscretionary bonuses, the same formula used for calculating overtime pay.

Trust the Skilled Experience of Robinson Bradford, LLP

Robinson Bradford LLP is dedicated to helping employers in wage-and-hour disputes exercise their rights to the compensation and benefits they are entitled to under the law. We have helped hundreds throughout the Stockton, Temecula, and Costa Mesa areas get the pay and perks they deserve under the law.

If you feel you’re being denied your rights to meal and rest breaks, contact us immediately for a free consultation.

CAN MY EMPLOYER FIRE ME WHEN I’M ON LEAVE?

Wed, 21 May 2025 19:49:54 GMT

Losing your job is a tough situation. In the past year, the unemployment rate reached an all-time high due to the pandemic. As of last July, 19.9 million people were unemployed. Whether you had a suspicion that termination might happen or it came out of the blue, it leaves you in a place scrambling to figure out where your next source of income will be.

If you were on leave, you may have been unfairly terminated. Employees on leave have rights, and if those are violated, you can bring forth legal action and seek recourse.

Robinson Bradford LLP will defend your rights if you have been discriminated against while taking your lawful leave. We are skilled litigators, dedicated advocates, and experienced negotiators who will fight relentlessly for you. We represent clients in and around Stockton, California, Temecula, California, and Costa Mesa, California.

Laws Protecting Leave Rights

There are several federal laws, as well as state laws, that protect employees on leave in a variety of situations:

The Family and Medical Leave Act (FMLA): The Family Medical Leave Act allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Americans with Disabilities Act (ADA): The Americans with Disabilities Act prohibits discrimination against people with disabilities in several areas, including employment. It allows for reasonable accommodations to be made for those with disabilities at work, including a need for leave.
Pregnancy Discrimination Act (PDA): The Pregnancy Discrimination Act forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as pregnancy leave and health insurance, and any other term or condition of employment.
California Family Rights Act: The California Family Rights Act (CFRA) authorizes eligible employees to take a total of up to 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. Employees can take this time for various familial reasons, such as caring for an immediate family member or the birth or adoption of a child.

An employer cannot terminate an employee on leave if they are protected by the laws above. This can fall under discrimination and is illegal.

When an Employer May Terminate an Employee On Leave

While these laws protect employees in many situations taking leave, there are still circumstances where you can be fired while on leave. If you work for an employer that is not covered by state or federal leave laws or anti-discrimination laws, or if there is a mass layoff, you can be terminated. Many people are "at-will" employees so they can be fired for a number of legal reasons.

Getting the Experience Legal Guidance You Need

If you took a leave of absence and your employer terminated your employment, it might have been an illegal termination. Knowing your leave rights is important and will help you assess whether to file a claim or complaint against your employer. An experienced employment law attorney can help in this situation.

Our firm can investigate and guide you through the claims or litigation process. We will listen to your case, communicate your options, and help you fight passionately against discrimination. If you live in Stockton, California, Temecula, California, or Costa Mesa, California, contact us today to schedule a free consultation with knowledgeable employment law attorneys.

WHO IS ENTITLED TO OVERTIME PAY?

Wed, 21 May 2025 19:49:53 GMT

These days, everyone is familiar with workplace issues like minimum wages, overtime pay, and the 40-hour workweek, but prior to the Great Depression, these were not legislated rights. Some states had begun implementing minimum wages, but not until 1938 and the passage of the federal Fair Labor Standards Act (FLSA) did these protections for working Americans become the law of the land.

The FLSA still sets the floor for minimum wage and overtime pay standards across the country, but states are free to aim higher and set loftier standards. One such state is California, which has always prided itself on being a pacesetter in moving the legislative bar.

Though counties and municipalities in California can set their own minimum wage, the state establishes overtime pay standards, and the Golden State is one of the more progressive in the country.

If you think your employer has been cheating you out of overtime pay, contact our team of employment and labor law attorneys at Robinson Bradford LLP. We will review your situation and advise you of your options going forward. At Robinson Bradford LLP, we serve clients in Stockton, Costa Mesa, Temecula, and the neighboring communities.

Who Is Entitled to Overtime Pay?

When addressing the issue of overtime, both federal and state standards should be taken into consideration.

Federal Standards

On the federal level, the FLSA covers all employees, not otherwise exempt, who work more than 40 hours in a given workweek, and requires payment one-and-a-half times the employee’s regular hourly rate for every excess hour over 40. It defines the workweek as any 40-hour schedule established by the employer during a recurring 7-day (168-hour) period.

The FLSA exempts from overtime pay employees who work in executive, administrative, professional, computer, or outside sales capacities. They must be paid a minimum of $684 a week to qualify and meet other obligations.

California Standards

California uses the same workweek definition as specified in the FLSA, but it expands the awarding of overtime pay. In California, if an otherwise non-exempt employee works more than 8 hours in a single day, he or she must be paid overtime. If the overtime work exceeds 12 hours, then the pay jumps to double the normal hourly rate. If the employee works on the seventh day in the defined workweek, that pay must be one-and-a-half times the normal rate. Working more than 8 hours on the seventh consecutive day earns double time.

California exempts the same categories as does the FLSA and requires those falling under these exempt categories to earn at least twice the state’s minimum wage. For 2021, the minimum exempt salary for companies with 25 or fewer employees is $54,080 per year. If an employer has 26 or more employees, the exempt salary rises to $58,240.

Independent contractors and those working under a collective bargaining agreement (CBA) are also exempt, but the CBA must provide both minimum wage and overtime protections at least as stringent as the state’s — or higher. Independent contractor status is closely guarded in California and only those who routinely control their own work schedules and agree to provide a service for a set amount qualify.

Certain specialized occupations with their own rules, such as camp counselors, live-in household workers, or agricultural workers are also exempt. California also allows businesses to set up alternate work weeks. For instance, a company may decide to set the workweek as 10 hours a day for 4 consecutive days. Overtime would then kick in above 10 hours. These arrangements, however, must be agreed to by at least two-thirds of the workforce.

Unauthorized Overtime

What if you routinely work past the clock to catch up on things, but your employer has not requested or authorized you to do so? Under the FLSA, you are still required to be paid overtime. Section 785.11 of the FLSA states: "Work not requested but suffered or permitted is work time.”

The FLSA places the onus on the employer to monitor overtime activities. Section 785.13 explains: "In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed.”

California law mirrors these provisions, saying overtime pay is due if the employee is “suffered or permitted to work, whether or not required to do so.” Likewise, it is up to the employer to monitor and control overtime schedules.

Employment Law Experience You Can Trust

Our attorneys at Robinson Bradford LLP have been helping employees fight back against violations of labor and employment law for more than two decades.

If you feel you’ve been owed back overtime pay, or worse, that you’re being routinely abused of your right to overtime pay, contact us for a case evaluation. We will listen to your story, investigate, and guide you in pursuing the compensation you’ve earned and deserve.

With multiple locations, we serve clients in Stockton, Costa Mesa, Temecula, and the surrounding communities. Don’t sit back and let your employer take advantage of you. Contact us immediately.

What accommodations must my employer make for my disability?

Wed, 21 May 2025 19:49:52 GMT

According to the Bureau of Labor Statistics, 17.9% of persons with a disability were employed in 2020. Those with disabilities are much less likely to be employed than those without a disability. According to the Centers for Disease Control and Prevention (CDC), more than 7 million — or 1 in 4 — adults in California have a disability. If the national statistic is applied, it would mean that more than 1.2 million California employees have a disability.

If you are working with a disability, you may have questions about what your employer is required to accommodate under state and federal laws. The days should be far behind us when those with a disability are kept from pursuing jobs and careers, but that is not always the case. Understanding your rights under the law is where you should begin.

For nearly 20 years, Robinson Bradford LLP has helped employees with disabilities understand the protections afforded to them under the law. We have represented clients in Stockton, Temecula, and Costa Mesa, California in a variety of different employment law matters — and we would be proud to help you too.

What Does the Americans with Disabilities Act Mean for Me?

The landmark Americans with Disabilities Act (ADA) prohibits employment discrimination based on an employee’s disabilities. The Act guarantees reasonable employer accommodation, including changes to a job or physical workplace that allow a qualified employee to perform the duties of their job.

In California, employees are further protected by the California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act. Employers, housing owners, and businesses are required to make reasonable accommodation for those with disabilities.

Employers may not discriminate against qualified workers with disabilities in recruitment, hiring, firing, training, promotions, wages, benefits, layoffs, and leave policies.

Who is Covered Under the Law?

Under the ADA, you must have, or have a record of, or be regarded as having a substantial impairment that substantially limits major life activity. Impairments to hearing, seeing, speaking, walking, breathing, learning, working, performing manual tasks, and performing activities of daily living, such as dressing yourself, qualify you for protection under the law.

Furthermore, you must be qualified to perform the essential functions of a job with or without reasonable accommodation to be protected. If your education, experience, knowledge, and other factors do not meet job requirements, there is no employment discrimination.

California law expands protections to those with conditions that limit life activities, including physical and mental disabilities, medical conditions, and HIV/AIDS.

What Does “Reasonable Accommodation” Mean?

Reasonable accommodations are changes made to the workplace, job, or processes that allow a qualified applicant or employee with disabilities to perform the essential duties of the job and enjoy the same benefits as employees without disabilities.

Accommodations can be changes to the physical workplace, such as wheelchair-accessible desks or devices that accommodate vision or hearing disabilities. They can also be alterations to work schedules to allow time, for example, for an employee with cancer to seek medical treatment or fewer hours of work per week. Accommodations might also include having an application or test administered verbally or, for example, available in a braille version.

Is My Employer Required to Provide Accommodations?

Job discrimination is unlawful by private employers, governmental entities, employment agencies, labor organizations, and labor-management committees.

Requirements for providing reasonable accommodation do not apply if those accommodations would place undue hardship on the employer. Large employers can afford the cost of construction, equipment, or furniture to provide reasonable accommodation while a small business may not be able to pay the cost and keep their doors open.

Can My Employer Ask for Proof of Disability?

An employer is prohibited from asking you about your disability or making you provide proof of disability. They are allowed to ask questions to ascertain whether you can perform the duties of a particular job with or without accommodation. Remember, if you don’t meet the requirements of the job, there is no discrimination. For example, if a job requirement is that you hold a college degree and you do not, you are not qualified for that job. They can only ask questions pertinent to the job itself; the same questions they would ask any employee.

An employer also is prohibited from asking you to do something they do not ask all employees to do. If all employees are required to undergo a periodic medical exam, for example, the employer can require it of you as well. Any medical information about you is protected under HIPAA laws and must be kept in a confidential file separate from your employment file.

Allow Robinson Bradford LLP to Help You

As you can tell, employment law can be complicated. There are very fine lines between what employers can and cannot ask or do and what they are required to do under state and federal laws. Even if you read the applicable laws, it is often difficult to understand their application in specific situations. That’s why it is always wise to consult with a California employment law attorney who fully understands the laws and regulations that apply to your unique situation.

At Robinson Bradford LLP, we are fierce and dedicated advocates for employees with disabilities in Stockton, Temecula, and Costa Mesa, California. We believe that anyone qualified to do a job should be allowed to, regardless of disability. If you have a disability and want more information about your protections under the law, call our office to schedule a consultation. We’d be happy to sit down and discuss the details of your circumstances, answer all of your questions, and outline how we can help you. Contact our office today!

CAN MY EMPLOYER DENY FMLA LEAVE?

Wed, 21 May 2025 19:49:51 GMT

Beginning January 1st of 2021, more Californians are now able to take family and medical leave to care for themselves and their family members after the state’s family leave act was significantly expanded. The California Family Rights Act (CFRA) now includes small employers with as few as five employees and allows for the care of extended relatives.

According to data from the Centers for Disease Control and Prevention (CDC), 23% of Californian adults had some type of disability prior to the pandemic. Under federal and state laws, disabilities can include physical or mental impairments that substantially limit major life activities.

If you have been denied leave to care for yourself or a family member’s serious health condition, our team of experts at Robinson Bradford LLP offers comprehensive legal services for victims of illegal employer practices. We will listen to your story, carefully review your case, and fight for the justice you and your family deserve.

Our firm is also proud to serve clients throughout Costa Mesa, Stockton, and Temecula, California — so call or reach out today to learn more!

How Family Leave Can Help

Many people who have suffered from the health effects and stress of the global pandemic now have serious health conditions. There are also many others who are now caring for a family member suffering from an illness or mental impairment that occurred during the pandemic.

In many cases, taking employee leave under the federal Family and Medical Leave Act (FMLA) can help people manage medical appointments, care for oneself or another during an acute episode, or provide care for an infant. Federal and state laws require many employers to provide employee leave to manage disability, but employers have been known to deny FMLA leave — often causing lasting harm to individuals and their families.

Who is Eligible for FMLA Leave?

In California, there are two major laws regulating family and medical leave — the federal FMLA and the California Family Rights Act (CFRA). Both laws require employers to provide unpaid leave for the care and treatment of a worker’s serious health condition or to care for a family member with a serious health condition but vary in their scope and coverage.

FMLA Requirements

The FMLA requires private employers with 50 or more employees to allow said employees to take up to 12 weeks of unpaid, job-protected leave per year to care for themselves or a seriously ill family member. To qualify for FMLA leave, these employees must have worked 20 or more workweeks in the current or previous year. FMLA provisions also provide for eligible employees to take up to 26 weeks per year to care for an ill or injured service member, while the CFRA does not. Under the FMLA, family members include the employee’s spouse, parent, child, or guardian who stands in place of a parent. The FMLA also requires that employees must work at a worksite where there are 50 or more employees employed by the employer within 75 miles of the employee’s worksite.

CFRA Requirements

Beginning January 1, 2021, the CFRA was significantly expanded to include employers with as few as five employees. The law also significantly expanded the list of relatives who are considered “family members” and now includes grandparents, grandchildren, siblings, adult children, and parents-in-law. Like the FMLA, CFRA also allows employees to take up to 12 weeks off per year. Both laws allow the leave to run either intermittently or consecutively and allow leave to be used for bonding with a newborn or an adopted or fostered child. Both laws require employees to have worked for employers for at least 12 months before the start of the leave. FMLA and CFRA also both require employees to have worked for 1,250 hours in the 12 months before the leave starts.

What Circumstances Qualify for Leave?

Under FMLA, eligible employees may take leave for any of the following reasons:

For the birth and care of the newborn child of an employee.
For placement with the employee of a child for adoption or foster care.
To care for an immediate family member (spouse, child, or parent) with a serious health condition.
To take medical leave if the employee is unable to work because of a serious health condition.

California’s Pregnancy Disability Leave

In addition to the rights provided by the FMLA and CFRA, California employees working for employers with five or more employees are covered by California’s pregnancy disability leave (PDL) law and must also provide baby bonding time. Employees who are disabled by pregnancy are eligible to take up to four months of PDL, as determined by the employee’s health care provider and the actual length of the disability.

Eligible employees who work for employers covered by federal and state family and medical leave laws can take up to 12 weeks of unpaid leave to bond with a newborn or a child who has been placed with the family for adoption or foster care.

Can My Employer Deny FMLA Leave?

Beginning January 1, 2021, California employers with five or more employees must allow eligible employees to take unpaid family and medical leave in order to care for their serious health condition under the CFRA. Employers may have denied leave to employees based on eligibility requirements, but the state of California is one of the few states that require small employers to provide disability leave.

How a Skilled Employment Law Attorney Can Help

At the end of the day, many of the laws surrounding FMLA and CFRA leave can often seem complex and confusing. At Robinson Bradford LLP, we know that it can be stressful and demanding to keep up with leave requirements when you are struggling to care for yourself or a family member. With our team of knowledgeable employment law attorneys on your side, you can have peace of mind knowing you have an advocate fighting for the leave and benefits you deserve. Our firm is also proud to serve clients throughout Costa Mesa, Stockton, and Temecula, California — so call or reach out today to learn more!

EMPLOYEES VS INDEPENDENT CONTRACTORS

Wed, 21 May 2025 19:49:51 GMT

California Assembly Bill (AB) 5 changed the employment landscape in California on January 1, 2020, by making it more difficult for employers to classify workers as independent contractors.

Classifying workers as independent contractors allows employers to avoid paying taxes, offering benefits, and observing minimum wage and overtime laws and other employee legal mandates. AB5, however, imposed a tough three-part test — called the ABC test — to determine employee vs. independent contractor status.

AB5, however, didn’t last long without revision — first by another Assembly Bill and then by a voter-approved initiative. AB2257, enacted in September 2020, expanded the list of professions exempted from AB5. Proposition 22, passed in November of the same year, exempted app-based driver companies Uber and Lyft from AB5 but expanded their employment responsibilities at the same time.

If you work in Murrieta, Temecula, Costa Mesa, Newport Beach, Irvine, or Stockton, California, and feel you’ve been cheated out of full employment benefits by being misclassified, contact us immediately at Robinson Bradford LLP. Our employment law attorneys will listen to your situation, assess your proper status, and help you achieve your full rights as an employee in California.

Employee Classification Under AB5

AB5 codified a decision by the California Supreme Court in Dynamex West Operations, Inc., v. the Superior Court of Los Angeles, which established what has come to be known as the ABC test.

Before Dynamex, the state had used the single “right to control” standard under an earlier court decision now referred to simply as Borello. In use since 1989, the Borello standard held that a worker was an employee if the hiring company had the “right to control” the worker’s hours and other conditions and requirements of work. Borello survives as the first prong of the ABC test now in use.

As a result of Dynamex and AB5, the ABC test currently mandates that to be classified as an independent contractor, a worker must:

Be free from the control and direction of the hiring entity in performing their work
Be performing work that is outside the usual course of the hiring entity’s business
Be customarily engaged in an independently established trade, occupation, or business that routinely performs the type of work called for under the hiring arrangement

Benefits of Being Classified as an Employee

When enacted, the sponsors of AB 5 estimated that there were approximately one million misclassified workers in the State of California. With full employee status, those workers would be subject to the wage and hour and other orders issued by the California Department of Industrial Relations, Industrial Welfare Commission.

The most common wage order concerns the minimum wage paid to employees, which as of 2021 is $13 per hour for companies with more than 25 employees and $12 for companies with 25 or fewer employees (though some counties and municipalities adhere to higher rates.) Other statewide wage orders concern overtime pay, meals and rest periods, sick leave, and accrued vacation pay (though vacation itself is not mandated).

Employee status also confers benefits and protections arising from California Unemployment Insurance, California Workers’ Compensation Insurance, California Paid Family Leave, and California Short-Term Disability laws and mandates.

Effects of AB2257 and Proposition 22

AB2257 was rushed into law to protect certain professions from the mandates of the ABC test. AB5 originally exempted physicians, surgeons, lawyers, architects, engineers, licensed accountants, commercial fishermen, and veterinarians. The September amendment acknowledged the “existing flexibility California has allowed in the music industry while protecting the right for musicians to have basic employment protections just like every other worker,” and thus exempted creative workers, including writers, photographers, videographers, photo editors, and illustrators, among others.

Proposition 22, launched by Uber and Lyft, was approved by voters during the November 2020 election, It exempts app-based drivers from AB5 but guarantees them increased compensation and some benefits, including health care subsidies.

Enforcement of AB5

Both the government and workers themselves are eligible to take legal action against employers for violating the employee status standards codified by AB5. The California Attorney General and some City Attorneys can bring claims on behalf of workers. In addition, civil fines can be levied in the range of $5,000-$25,000 per violation.

Since AB5 was codified under the California Labor Code, violations fall under the Labor Code Private Attorneys General Act, which allows aggrieved workers — current or former — to file lawsuits for lost pay and benefits.

Work with Experienced Employment Law Attorneys

If you feel you’ve been misclassified as an independent contractor and lost wages and benefits as a result, our team at Robinson Bradford LLP is ready to help you exercise your full rights. We will investigate your claim, assess what should rightfully be yours, and then engage with your employer and the appropriate government agencies to pursue a fair settlement.

At Robinson Bradford LLP, we proudly serve clients in or around Murrieta, Temecula, Costa Mesa, Newport Beach, Irvine, and Stockton. Contact us for a consultation.

UNDERSTANDING AT-WILL EMPLOYMENT IN CALIFORNIA

Wed, 21 May 2025 19:49:50 GMT

Job applicants and employees in California often hear — and maybe fear — the term “at-will employment.” This is generally accepted to mean, “I can be fired for no reason.” But is this true? Are employers free to uproot employees’ lives for seemingly frivolous reasons like they don’t like your politics or sexual orientation?

Though California recognizes at-will employment, which means either the employer or employee can terminate employment for virtually any reason at any time, there are some important limitations and exceptions to what employers can do.

If you’ve been terminated in Stockton, Temecula, Costa Mesa, or any of the surrounding areas in California, and you think the termination was wrongful, contact the employment law attorneys at Robinson Bradford LLP. We will listen to your story, investigate every last detail, and fight for your rights as an employee under state and federal law.

Understanding Employment Law in California

The California Labor Code Section 2922 states, “any employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means employment for a period greater than one month.”

This section indicates that, in the absence of an agreement on the length of employment, both employer and employee are free to end the employment at any time for any reason by giving “notice to the other.”

While this is generally true, both federal and state laws along with several key court decisions have carved out limitations to employers and exceptions for employees who have been terminated.

For example, say Mary takes a job with ABC Company with the full intention of working there with a commitment to stay, but one month later, a better offer comes along. She accepts the new job offer, gives notice to her employer, and leaves ABC Company. However, executives at ABC Company are furious that they now have to find and hire someone new and train that person for the position — all at a huge cost to the company. The unfortunate reality for ABC Company is that there really isn’t anything they can do.

Now, if we put the shoe on the other foot, let’s imagine that ABC Company hires Mary, only to find a better, more qualified candidate a month later. The company chooses to terminate Mary and hire the more qualified candidate. Is this legal under at-will employment?

On the surface, yes, it could be. However, Mary may have a few options for legal recourse, including potentially filing for wrongful termination. Let’s explore what can lead to some of those options.

Exceptions to At-will Employment

As mentioned above, there are a number of different circumstances that provide limitations to employers and exceptions for employees when it comes to terminating employment. Some of the most common examples include the following:

Implied Contracts

One of the first legal defenses that Mary might employ is what is called the concept of an implied contract. An implied contract can arise if the employer, or one of its supervisors, gives Joan reassurances that her job is safe and they intend to keep her for the long term.

Employers can help blunt, or prevent, this argument by requiring new employees to sign at-will employment agreements, and include at-will wording in their employee handbooks and even job applications.

Implied Covenant of Good Faith & Fair Dealing

Another defense against termination under at-will employment is called the Implied Covenant of Good Faith and Fair Dealing. This concept is similar to the implied contract. California Civil Jury Instructions (2020) state: “This implied promise means that neither the employer nor the employee will do anything to unfairly interfere with the right of the other to receive the benefits of the employment relationship. Good faith means honesty of purpose without any intention to mislead or to take unfair advantage of another.”

Again, a lot here would hinge upon what Mary’s employers promised her, and in general, good faith and fair dealing arguments are most applicable for someone employed longer than one month, as Mary was. Now, had she worked six or nine months and her employer’s actions could be compared to how other employees were treated, the argument might be on more solid grounds, but it is still applicable.

Conduct Related to Public Policy

Another defense in California comes when the termination results from Mary’s refusal to violate public policy or voluntarily act to uphold public policy. Public policy includes laws, regulations, constitutional provisions, and mandatory ethical rules.

If Mary, for instance, reports an antitrust violation to the authorities and she is then terminated, she would be able to employ the public policy argument that her discharge was wrongful. Likewise, if she refused the sexual advances of a supervisor and was then terminated, she could rely on public policy and its protections.

Other Factors to Consider

Employees who work under collective bargaining agreements (CBAs) are not subject to at-will employment, but instead to the terms of their CBA. Terminating someone under a CBA would generally require proof of wrongdoing, continued poor performance, or other causes to warrant a termination.

Under guidelines of the National Labor Relations Act (NLRA), employers also cannot terminate employees who engage in union-organizing activities, so long as their activities follow windows carved out in the NLRA.

Even if the employment agreement is clearly at will, employers still cannot violate any employee rights under various federal and state laws. This means they cannot discriminate based on a number of factors, including age, pregnancy status, national origin, race, religion or creed, disability status, and other protected categories. They also cannot terminate whistleblowers under Sarbanes-Oxley and other legal statutes.

How Robinson Bradford LLP Can Help

As you can see, though employers and employees can, in many cases, terminate employment at any time for any reason at all, matters are not always cut and dry. Terminated employees can attempt to show that they were made long-term promises that were not kept, thus arguing there was an implied contract, if not an express or written contract.

Employees can also question the good faith and fair dealing of the employer, especially if they’ve been on the job long enough to compare their situation with other employees and how they’ve been treated.

If you feel you’ve been wrongfully terminated in Temecula, Costa Mesa, Stockton, or in any of the nearby communities, call or reach out to the employment law attorneys at Robinson Bradford LLP. We will do everything we can to investigate your case and protect your rights under the law.

CAN MY EMPLOYER REQUIRE ME TO GET A COVID VACCINATION?

Wed, 21 May 2025 19:49:49 GMT

As of early March 2021, the United States has vaccinated 15.3% of its population against COVID-19, totaling 76,899,987 doses administered out of 96,402,490 doses distributed. This was before the new one-shot Johnson & Johnson vaccine had been approved or distributed. Here in California, 16% of the population has been vaccinated.

As the nation attempts to return to “normal” as much as possible, the question looms: can an employer require employees to be vaccinated before returning to work?

The answer is mostly yes, with some exceptions.

If you’re an employee whose place of work requires you to be vaccinated before entering the premises and you don’t want to be vaccinated for religious or other reasons, what are your options? Can you be terminated if you refuse to be vaccinated?

If you find yourself in this situation in or around Temecula, Costa Mesa, or Stockton, California, contact our team at Robinson Bradford LLP. Our attorneys can advise you of your rights and, if need be, represent you in legal action against your employer if they have violated those rights.

EEOC Vaccination Guidance

In December 2020, as the vaccines began to be rolled out, the EEOC issued guidance on whether employers can enforce vaccination mandates, ruling that yes, they can, provided they exempt employees with disabilities or religious objections. For those employees, they must provide “reasonable accommodations” such as working remotely or being reassigned.

At the same time, however, an employer can prohibit employees from entering the workplace if they haven’t been vaccinated. The EEOC cautions that “this does not mean the employer may automatically terminate the worker. Employers will need to determine if any other rights apply under EEOC laws or other federal, state, and local authorities.”

Vaccinations & the ADA

If an employee cannot or declines to take the vaccination due to a disability, the Americans with Disabilities Act requires that the employer show that the employee poses a “direct threat” to others in the workplace before excluding the worker. Specifically, a direct threat is defined as a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.”

Employers should consider four factors before determining whether a direct threat exists:

The duration of the risk
The nature and severity of the potential harm
The likelihood that potential harm will result
The imminence of the potential harm

Again, however, the emphasis is on conducting an ADA-mandated “flexible, interactive process” between the employer and employee to arrive at a reasonable accommodation. The EEOC guidance mentions telework, or even leave under the Family and Medical Leave Act (FMLA) or other state programs, as reasonable accommodations. Other accommodations might include wearing a mask or socially distancing from other employees.

The guidance emphasizes that “the employer cannot exclude the employee from the workplace — or take any other action — unless there is no way to provide a reasonable accommodation.” The ADA requires a reasonable accommodation unless the accommodation poses an “undue hardship,” which it defines as “significant difficulty or expense.”

Religious Objections

The EEOC says that employees can decline to take the vaccination based on their “sincerely held religious belief, practice, or observance” and are further protected by Title VII of the Civil Rights Act of 1964. The EEOC uses a broad interpretation of “religious belief” to include moral and ethical beliefs. For instance, an employee could have a strongly held moral belief against receiving unknown chemicals in their body. This would qualify.

Employers should assume the employee’s religious objection is valid unless they can cite an “objective basis” for questioning that belief. This is a tricky legal area that could lead to charges of discrimination under Title VII, so employers should tread lightly. If substantiation can be shown to be objectively needed, it could take different forms, including requests for written materials or the employee’s own personal explanation.

As with employees who decline vaccinations due to disability, those who decline because of religious or moral beliefs must be given a chance at interactively arriving at a reasonable accommodation. Title VII requires that a reasonable accommodation be made unless the accommodation would post an “undue hardship.” An undue hardship under Title VII would occur if it:

Proves too costly
Compromises workplace safety
Decreases workplace efficiency
Infringes on the rights of other employees
Requires other employees to do more than their share of potentially hazardous or burdensome work

Should an Employer Require Vaccination?

Mandating a COVID-19 vaccination as a requir ement to enter the workplace might pose as many problems as it may solve, given the above exemptions and requirements for reasonable accommodations. Ford Motor Company, for instance, rather than mandating vaccinations, has purchased 12 subzero freezers to store the vaccine for those employees who want it.

High-risk industries may be more likely to impose a mandate, starting with the healthcare industry. Indeed, hospital workers were among the first to have the vaccine made available to them. The food industry, including meatpacking and processing plants, might also consider a mandate since the workspace requires close contact among employees.

Call Our Team at Robinson Bradford LLP

Whether you’re an employee who feels wronged by a workplace vaccine mandate, or an employer who must decide on whether to require vaccination, our team of employment law attorneys at Bradford Robinson LLP stands ready to guide and assist you. We have years of experience in dealing with discrimination issues and matters of reasonable accommodation.

If you’re in Stockton, Temecula, Costa Mesa, or Irvine, California, call us today to schedule a free consultation.

NEW EMPLOYMENT LAWS FOR 2021

Wed, 21 May 2025 19:49:48 GMT

California is usually at the forefront of employment and labor law changes, and 2021 is another banner year for the Golden State. Changes include minimum wage increases, COVID-19 workplace reporting requirements, time off for victims of crimes, leaves of absence, worker classifications, and more.

If you have a business in Temecula, Costa Mesa, or Stockton, including the nearby communities, our team at Robinson Bradford LLP stands ready to answer all your questions about workplace changes in 2021 and to help you implement any new mandated policies. Call us with your concerns.

2021’s New California Employment Laws

Here is a compendium of New Year, New Laws in California:

MINIMUM WAGE

Effective January 1, 2021, the statewide minimum wage is $13 per hour for businesses with 25 or fewer employees and $14 per hour for those with 26 or more employees. Both benchmarks will rise $1 in 2022, and the $15-per-hour standard will be completed in 2023 when employers with 25 or fewer employees must pay $15 hourly. Where municipalities and counties have enacted higher minimum wages, those rates must be observed.

COVID-19

Three bills affect employers during the pandemic. SB 1159, expiring on December 31, 2023, requires employers to immediately report employees contracting COVID-19 to their workers’ compensation insurance carriers to confirm their eligibility. AB 685 imposes strict reporting requirements on employers if a workplace outbreak occurs. AB 2537 requires employers to provide hospital workers with COVID-19 personal protective equipment (PPE) and maintain a three-month PPE stockpile.

LEAVES OF ABSENCE

SB 1383 reduces the employee threshold from 50 to 5 to qualify for the California Family Rights Act (CFRA), which provides 12 weeks of leave to care for a family member. The bill also expands the definition of “family member” to include grandparents, grandchildren, siblings, adult children, and parents-in-law. It also eliminates the provision in the Family and Medical Leave Act (FMLA) that precluded parents working for the same company from both taking 12 weeks off to care for a newborn child.

PAID FAMILY LEAVE

SB 1123 (passed in 2018 but taking effect this year) expands the Paid Family Leave (PFL) program to include time off for employees to attend to a “qualifying exigency” for a spouse, registered domestic partner, parent, or child who is on active duty in the military.

LEAVE FOR CRIME VICTIMS

AB 2992 further defines a “crime victim” under California Labor Code Section 230 and 230.1 to include:

A stalking, domestic violence, or sexual assault victim
Anyone suffering a crime that caused physical injury or that caused mental injury and a threat of physical injury
A person whose immediate family member is deceased as the direct result of a crime

Those experiencing a crime or public offense “that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult … whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”

Under the California Labor Code, crime victims are allowed to take “time off from work to obtain or attempt to obtain relief.”

KIN CARE

Labor Code Section 233 allows employees to use one-half of accumulated sick leave to care for spouses and children, a provision known as “kin care.” Some employers, however, mistakenly charge employees with kin care time off whenever they take personal sick leave. AB 2017 now empowers the employee to designate the type of leave being taken.

WORKER CLASSIFICATION

AB 2257 expands the categories of workers who are exempt from taking the ABC Test to determine their status as either an employee or an independent contractor. The ABC Test was codified previously under AB 5. The dozen or so new exemptions include those working as insurance adjusters, those in the writing/editing, arts and sound recording professions, as well as real estate appraisers and others. They can now continue working as independent contractors.

PAY DATA

SB 973 requires employers with 100 or more employees, who currently must submit the annual federal Employer Information Report known as EEO-1, to share the same data about employees’ race, ethnicity, and gender by job category with the state Department of Fair Employment and Housing (DFEH).

NO HIRE

When employers reach discharge settlements with employees, they cannot include a “no hire” provision barring re-employment with the company. If the employee had engaged in sexual harassment or sexual assault, however, the ban on “no hire” was traditionally waived. AB 2143 now requires employers who wish to use the “no hire” exception for sexual misconduct to have documented the event prior to the employee’s filing a claim that led to the settlement.

CORPORATE BOARDS

A 2018 law requires corporate boards of directors to include a female member by December 31 of this year. AB 979 now requires that boards include members from “underrepresented communities” (ethnic minorities and those identifying as LGBT) by the end of 2022.

Rely on an Experienced Attorney for Help

This brief introduction cannot include all of the nuances, variations, and mandates of the new laws. Before you run afoul of these new requirements because of their complexity, you should seek the guidance and direction of an experienced and knowledgeable employment attorney.

At Robinson Bradford LLP, we diligently follow all laws affecting employers and employees in the Golden State. We can field your questions and offer you solid advice and guidance for implementing all new laws, as well as represent you if you find yourself in a legal issue over employment law.

If you’re in Costa Mesa, Temecula, Stockton, or the nearby communities, call us immediately for a free consultation. Let us listen to your concerns and help direct you to full compliance with all employment laws.

OFF-THE-CLOCK WAGE VIOLATIONS IN CALIFORNIA

Wed, 21 May 2025 19:49:47 GMT

In California, employees enjoy wage protections that rise above those afforded by the Fair Labor Standards Act (FLSA) of 1938. State legislation and State Supreme Court rulings have raised the bar for employers in California, setting strict overtime pay standards and aggressively addressing “off the clock” work. Employers need to be extremely accurate in tracking all hours worked, even down to the minute, and then paying accordingly. Additionally, employees have the right to legally address any wage injustices they’ve suffered.

We at Robinson Bradford LLP are seasoned labor and employment law attorneys who have long been helping clients with wage issues and protecting workers’ rights. Our attorneys will assess your situation, conduct an investigation, and help you fight for the full legal remedy due to you. We proudly serve employees seeking redress throughout Stockton, Temecula, Costa Mesa, and Irvine, California.

Overview of California's Overtime Rules

The FLSA grants overtime at one-and-a-half times the regular rate of hourly pay to nonexempt (hourly, non-salaried) employees – who represent 58 percent of all U.S. workers according to the Bureau of Labor Standards – for hours worked beyond 40 in a week. In California, the standard is different, requiring overtime pay after 8 hours in a day and 40 hours in a workweek. In addition, the rate rises to double-time after 12 hours in a day and for all hours worked past the first 8 on the seventh consecutive day of a workweek.

Some exemptions exist. For instance, if the workweek consists of four 10-hour days, overtime is not owed until after the 10th hour. Whatever the circumstance, however, employees need to keep precise hourly work records, and employers have full rights to challenge any inaccuracy.

What About Working Off the Clock – De Minimis Time?

The FLSA allows employers to disregard small increments of work time as de minimis, i.e., time that is insignificant. In 2018, however, the California Supreme Court ruled that state employers cannot hide behind this standard because employees must be paid for “all hours worked.”

What is de minimis time? Usually, this amounts to what is often called “working off the clock.” For instance, you might stay on a phone call for several minutes after quitting time just to finish up an assignment or address a customer’s need. Your employer may want to shrug this off, but it must be paid. Alternately, an employer might call you at home to ask a question or have you do a simple task that he deems urgent. No longer can this be unpaid. The same goes for texts and emails that are received after hours.

Also, if an employee is facing a work deadline for a report due the next day and chooses to tidy up the loose ends on the report at home, such “off the clock” work is also compensable.

The Employer's Fall-Back Defenses

A savvy employer is going to establish and enforce a clear policy forbidding “off the clock” work, but not all do. When challenged on compensation for such work, employers might fall back on the argument that it was done voluntarily, or that it was done without his knowledge, or that it wasn’t authorized. However, the standard that “all hours worked” must be paid still applies.

How Legal Counsel Can Help

If you have suffered from withheld pay for overtime or “off the clock” work, you have a legal right to take action. That’s where an experienced labor and employment law attorney is your best ally. The attorney can do the research and determine if you qualify for a lawsuit against your employer and then can follow through to help you fight to obtain your unpaid wages.

Call Robinson Bradford LLP today for a free case evaluation. We will fight eagerly and vigorously for your just compensation for unpaid or lost wages. We proudly represent workers in Stockton, Temecula, Costa Mesa, and Irvine, CA.