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Employment Law

Janssen Malloy LLP attorneys are experienced employment lawyers—both advisors and litigators. We practice on behalf of employers and employees in wage and hour disputes, class employment cases, workplace discrimination and harassment, and wrongful termination. We advise many of the large Humboldt County private employers, providing practical advice and litigation representation.

Wage and Hour Disputes

Our attorneys have litigated multiple complex wage and hour disputes for both plaintiffs and defendants. We have litigated wage and hour disputes before administrative agencies, and state and federal courts. In 2009, our firm was awarded the California Lawyer Attorneys of the Year (CLAY) award based upon our representation of approximately 1000 workers in a wage and hour dispute with a Humboldt County floral farm. We have protected multiple local businesses by providing advice regarding wage and hour laws and have provided vigorous defenses to local employers regarding wage and hour disputes. We appear frequently before the local administrative agency in Humboldt County regarding wage and hour disputes.

Wage and hour disputes often involve the following issues:

  • Misclassification of employees as exempt or independent contractors
  • Unpaid meal periods and rest breaks
  • Denied reimbursements
  • Miscalculated commissions and bonuses
  • Tip pooling

If you have questions regarding a wage and hour laws or seek advice in bringing or defending against a claim involving a wage and hour dispute, please contact our office to set up an appointment with one of our lawyers.

CLASS ACTION SUCCESS

In 2009, our firm obtained a large class action settlement on behalf of a class approximately 1000 floral farm workers who were misclassified as being exempt from overtime for work in excess of eight (8) hours per day and forty (40) hours per week. In recognition of this success, California Lawyer Magazine awarded one of our attorneys with the California Lawyer Attorneys of the Year (CLAY) award.


Age Discrimination

There are many stereotypes about older people in the workplace, and it is important to remember that employers are not allowed to rely on them when making workplace decisions. A number of state and federal laws prohibit employers from discriminating against employees and applicants based on age.

It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or age discrimination-related litigation.

Our attorneys have handled numerous age discrimination cases throughout Humboldt County. We have prosecuted and defended employment discrimination claims. Importantly, we are prepared to take your case through trial.

There are specific limitation periods that apply to age discrimination cases and you should therefore contact our office immediately if you have questions regarding a potential age discrimination case.


Disability Discrimination

It is illegal for California employers to discriminate against qualified individuals with a disability. It is also unlawful to discriminate against a person who is perceived to have a disability. The protections for disabled workers apply to the application process and remain throughout the hiring, advancement, and discharge of employees.

Our law firm has protected multiple Humboldt County employees from disability discrimination and has also counseled and defended multiple Humboldt County employers with regard to disability discrimination claims.

If you have questions regarding your rights or obligations with respect to California and/or Federal disability laws, please contact our office to set up a consultation with one of our employment attorneys.

Disability claims have strict deadlines, and it is important that you contact an attorney right away so that you do not jeopardize your legal rights.


Sexual Harassment

Sexual harassment is illegal. It often presents as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
  • submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or
  • the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser's conduct must be unwelcome.

State and federal laws related to sexual harassment are constantly changing, and it is important that you find an attorney that stays up to date. At Janssen Malloy LLP, we recognize that there is a need for Humboldt County to have local lawyers that are well-versed in sexual harassment law. We have attorneys who regularly attend Continuing Legal Education Courses on employment law and continuously stay appraised of the current state of the law related to sexual harassment. We have litigated numerous sexual harassment cases in both state and federal court, representing both employees and employers.

If you are an employee who believes you have been the victim of sexual harassment, please contact our office so that we can set up a consultation with an employment law attorney. If you are an employer and do not have a sexual harassment policy in place, or need to update your policy, please contact us so that we can help you create a sexual harassment policy that will provide you with legal protection. If you are an employer that has been accused of sexual harassment, please contact our office to discuss the matter as soon as possible.

Sexual harassment cases have specific deadlines and it is important that you contact an attorney to protect your legal rights as soon as you learn of a potential sexual harassment claim.


Employee Handbooks

In this day and age, a current employee handbook is a critical step for Humboldt County
employers. Janssen Malloy LLP attorneys review and prepare employer handbooks with
an eye toward current employment laws, the realities of the workplace, and finding
economical solutions. Please contact us to discuss reviewing your handbook.