San Diego Employment Litigation Attorney
Whether employing one worker or one hundred, business owners face a myriad of local, state and federal laws, rules and regulations that touch upon every aspect of the employment relationship, including hiring, firing, promotions, transfers, assignments, wages, hours, overtime, meal and rest breaks, and more. Employment litigation attorney, Jon Alan Enochs helps business owners maintain compliance with relevant California and federal laws, and represents business clients in the resolution of employment-related disputes, including claims of discrimination, harassment or overtime violations.
See below for some of the main areas of employment law frequently encountered by Jon Alan Enochs in San Diego. For assistance in these or any California employment law matter, contact Jon Alan Enochs at 619-421-3956 to schedule a consultation.
Federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act, protect workers against unlawful discrimination based on race, color, ethnicity, religion, age, sex/gender, disability and more. These laws are reinforced and even expanded at the state level with statutes such as the California Fair Employment and Housing Act (FEHA).
When an employee who is a member of a protected class is not hired, terminated or otherwise subjected to an adverse employment action, the worker may file a complaint alleging the decision was based on illegal discrimination. This starts a complex process of investigation and litigation in which the employer is required to prove a nondiscriminatory reason for the action, which can still be challenged by the employer as a pretext for actual discrimination.
Attorney Jon Alan Enochs provides insightful advice and assistance in the resolution of employment discrimination complaints, from pre-suit risk management to representation before the EEOC, DFEH, or in state or federal court. Employment discrimination claims can be costly; they need to be addressed and resolved efficiently and effectively with the help of an experienced employment lawyer who approaches your case with practical wisdom from a business perspective.
Many different forms of sexual harassment have been recognized as unlawful by state and local laws and legal decisions. Chief among these are quid pro quo sexual harassment, where an employer conditions favorable or unfavorable job treatment on a request or demand for sexual favors or a romantic relationship, and hostile work environment sexual harassment, where unwelcome conduct of a sexual nature is so severe and pervasive that it creates a hostile workplace. Sexual harassment can be committed by females upon males as well as males on females, and by members of the same sex. Co-workers can also be responsible for creating a hostile environment, as well as supervisors and superiors.
An allegation of sexual harassment may be based on a misunderstanding, a false claim, or an actual case of harassment. Key to avoiding excessive liability for the employer is to have a well-crafted policy in place, communicate that policy to employees, and train supervisors in the proper implementation of the policy. This includes investigating complaints, reaching a conclusion and communicating the result to the complainant, respecting confidentiality as much as possible throughout the process. We help employers draft a comprehensive policy that shields them from excessive liability. We also provide strong, effective representation in the resolution of sexual harassment complaints either informally or at the administrative or judicial level.
Wage & Hour Disputes
Employers must meet not only the federal minimum wage but also the higher California minimum wage for all or nearly all of their employees. Additionally, federal overtime rules require workers to be paid at one and half times their regular wage for hours worked over 40 in a week, while California law goes further and requires overtime anytime a worker’s hours exceed eight in one day, as well as double pay in certain other instances. California law also requires employers to provide their workers with meal periods and rest breaks based on the length of their shift.
Workers who are not paid at least the minimum wage, or who are not paid overtime or given their meal or rest breaks when due, may sue the employer for money damages. Alleged wage and hour violations can affect whole departments or even the entire company payroll, leading to class action litigation against the employer which can prove extremely costly.
Jon Alan Enochs can help you whether you are facing an individual complaint, multiple complaints or a class action lawsuit. We understand the complex legal distinctions between employees and independent contractors, as well as the complicated technical definitions behind the overtime exemptions, which are often at the heart of a wage and hour dispute. Let us help you evaluate your situation, advise you on your options, and help you through the best available approach to resolving the dispute.
Solve Your Employment Litigation with the Help of an Experienced San Diego Employment Litigation Attorney
For practical, business-minded advice and excellent representation in the resolution of California employment litigation, contact Jon Alan Enochs at 619-421-3956 to schedule a consultation with a knowledgeable and experienced San Diego employment litigation attorney.