Contact Us for a Free Consultation (310) 769-6836

Employment Law

The relationship between employers and employees in California is governed by employment and labor laws at both the federal and state levels. These laws provide a framework of obligations and rights. Disputes often arise from a failure to uphold and undertake these obligations and rights, which can lead to serious disruptions in the workplace and problems for the employer. 

At Law Offices of Albert Chang, we are committed to each of our clients. Our employment and labor law attorney in Southern California helps employers and understand their legal obligations and rights, and we take appropriate action given the unique circumstances of each case. If you believe you have an employment law issue or want to act proactively to avoid problems in the workplace, contact us today at (310) 769-6836 to schedule a free 30-minute consultation by using our ONLINE FORM.

Understanding Employment and Labor Laws in California

The workplace should be a place where work gets done. If the company is managed according to relevant laws, then that shouldn't be a problem. Being proactive and putting policies and procedures in place that adhere to federal and state employment laws can help businesses run smoothly. 

Employment law oversees and addresses different aspects of the employer-employee relationship, including:

  • Wages (e.g., minimum wage, overtime pay, hours of work)
  • Health and safety 
  • Workplace policies and procedures
  • Workplace discrimination
  • Workplace harassment
  • Employee classifications
  • Equal opportunity 
  • Workers' compensation
  • Termination

At Law Offices of Albert Chang, our employment and labor law attorney can help employers ensure compliance with relevant laws and set up policies, procedures, contracts, and more so that you are positioned to lead a successful business.  

Common Grounds for Employment-Based Lawsuits in California

Lawsuits are not uncommon between employers and employees. Oftentimes, it is the employee who brings the lawsuit, but in some situations, the employer may do so. From breaches of contracts to discrimination, below are the most common reasons an employment or labor-based lawsuit is filed in California.

Breach of Implied Covenant of Good Faith and Fair Dealing

Parties to a contract, like employment contracts, have a duty not to harm or otherwise interfere with the other party's right to receive the benefits of the contract – this is known as an implied covenant of good faith and fair dealing. Though a specific definition does not exist, courts have the discretion to determine its meaning and scope. As such, allegations that an employer violated the implied duty of good faith and fair dealing in employment relationships is a prominent cause for litigation.

Employment Discrimination

The federal government protects against discrimination in the workplace based on certain characteristics, which include:

California goes further by protecting people based on things like military or family status. When an employee, or even an applicant, believes they have been unequally treated based on one of the above-protected characteristics, they can file a claim and possibly sue for damages and other remedies.

Employment Contracts

Disputes often arise from breaches of employment contracts, including issues related to terms, conditions, and termination clauses.

Family and Medical Leave Act Violations

Employees have certain rights when they or family members become sick or injured. The Family and Medical Leave Act (FMLA) establishes and protects these rights. When an employee believes their FMLA rights have been violated, then they may file a claim. Two common violations under the FMLA are denied requests of leave or retaliation for taking FMLA leave.

Harassment and Hostile Work Environment

Legal action can be taken when employees are subjected to unwelcome and offensive conduct that creates a hostile work environment. Cases involving harassment, whether it is sexual harassment, bullying, or any other form of workplace harassment, are common reasons for litigation.

Occupational Safety and Health Administration Violations

The Occupational Safety and Health Administration (OSHA) establishes certain standards that employers must uphold to protect the safety and health of employees. If unsafe working conditions and other violations of OSHA regulations are present in the workplace, employees can file claims or possibly sue.


If an employer takes adverse actions against an employee in retaliation for exercising their legal rights, such as reporting workplace violations or filing a complaint, this is unlawful retaliation, and the employer can file a claim or possibly sue.

Wage and Hour Violations

Employees can pursue legal action if they are denied proper wages, overtime pay, meal and rest breaks, or misclassified as independent contractors. 

Whistleblower Claims

When an employer engages in illegal activities or violations, an employee might report it. In such situations, these employees may be protected as whistleblowers. If the employer retaliates against the employee for reporting the company, the employee might be able to file a claim or sue. 

Wrongful Termination

An employee who was fired unlawfully, often violating employment contracts, public policy, or anti-discrimination laws, can file a claim and sue the employer.

Unfair Labor Practices

Allegations that employers have engaged in unfair labor practices, such as interfering with employees' rights to organize or engage in collective bargaining, could be a reason for an employee to take legal action against the employer.

Types of Legal Action for Employment Issues in California

Legal actions in employment law can take various forms, but the three most common include:

  1. Administrative Complaints. Employees can file complaints with administrative agencies such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor, triggering investigations and potential resolutions.
  2. Lawsuits. Employees may file lawsuits against their employers, seeking compensation for damages, resulting from employment law violations.
  3. Arbitration. Employment agreements may include arbitration clauses, requiring parties to resolve disputes through a private arbitration process rather than going to court.

The party against whom the claim or lawsuit is filed will have an opportunity to defend themselves, and sometimes they may have specific defenses recognized by law.

Examples of Defenses in Employment Disputes

Employers facing legal action in employment law cases may employ various defenses, including:

  • Legitimate business reasons, where they assert that their actions were based on legitimate business justifications, such as poor performance, violation of company policies, or downsizing
  • Lack of evidence, where employers challenge the evidence presented by the employee and argue that there is insufficient proof to support the allegations
  • Bona fide occupational qualification (BFOQ), where employers assert that a certain characteristic or qualification is necessary for the job, and the action taken was justified based on business necessity
  • Legitimate expectation, where the party asserts that they had a reasonable expectation of specific treatment or benefits based on written or implied agreements, policies, or past practices
  • Good faith performance, where the party argues that they performed their duties in good faith and fulfilled their responsibilities as required

When defending against an employment claim, speaking to our employment law attorney can help you make sure you put forth well-supported arguments to defend your case successfully. 

Employment and Labor Law Legal Services

At Law Offices of Albert Chang, clients come to us because we build relationships and provide a wide range of legal services related to employment and labor laws. 

If you are an employer, you would benefit from:

  • Smart legal consultation. We advise clients on various aspects of employment law, helping them understand their rights and responsibilities under local, state, and federal employment laws.
  • Contract Review and Negotiation. We review and negotiate employment contracts, severance agreements, non-compete agreements, and other employment-related contracts to ensure that the terms are fair and comply with relevant laws.
  • Employee Benefits. We provide legal guidance on employee benefit programs, retirement plans, health insurance, and other related matters.
  • FMLA Compliance. We assist employers in understanding and complying with FMLA regulations and handle disputes related to FMLA leave.
  • Labor Union Matters. We assist employers with understanding labor law related to union organizing, collective bargaining, and unfair labor practices.
  • Workplace Safety. We advise on compliance with OSHA regulations and handle cases related to unsafe working conditions.
  • Training and Compliance Programs. We help employers develop and implement training programs to ensure compliance with employment laws and regulations.
  • Defense against Employee Claims. We will represent you against allegations of discrimination, harassment, wrongful termination, retaliation, unfair labor practices, and more.

When disputes are the subject of legal action, we help resolve them through alternative dispute resolution (ADR) methods like mediation or arbitration. We will, however, litigate, if necessary.

Why Choose our Employment and Labor Attorney in California

At Law Offices of Albert Chang, our clients choose us because we understand complex employment laws, regulations, and legal precedents, and we use this knowledge to give clients accurate advice and effective representation. Defending solely for employers, we advocate for their rights and interests. We use our unique perspective to develop smart strategies tailored to the specific circumstances of each case, maximizing the chances of a favorable outcome, favorable contract terms, or other resolutions that meet our clients' best interests.

Contact an Employment and Labor Law Attorney in Southern California Today

Employment law is a multifaceted field that governs and addresses various aspects of the employer-employee relationship. At Law Offices of Albert Chang, our employment lawyer in California acts proactively to advise employers so that they comply with the law and create safe and healthy work environments. 

Contact us by filling out the online form or calling us at (310) 769-6836 to schedule a free 30-minute consultation by using our ONLINE FORM and learn more about how we will help you.

Schedule Consultation

The first 30 minutes consultation is free. Please contact us through filling out our ONLINE FORM and we will contact you within one (1) business day to schedule an initial consultation.

You can also call us at (310) 769-6836 or directly schedule your initial consultation at our SCHEDULING PAGE .