Management Side Employment Law Defense & Policy Handbook

Management Side Employment Law Attorneys in California

At The Small Business Law Firm, our employment attorneys are dedicated to the practice of management side (employer) employment law. We always represent on the business and never take on cases from current or former employees.  We strive to provide our business clients with everything from complex litigation to general business counsel as well as provide guidance on the best HR practices for managing workplaces in California.

As our employment defense lawyer’s sole focus is on the representation of small businesses, we have developed knowledge and a greater understanding of the complex labor laws, as well as the strategies and decisions that impact employer rights and relationships with employees. The Small Business Law Firm offers comprehensive legal services in these areas of employment law:

The Small Business Law Firm provides the most current legal approach to making sure your small business has the correct policies in place and that as the employer, you have your rights protected in court.

All businesses, large and small need to have an employment law attorney for a variety of reasons. Even though most business owners make a good faith effort in abiding by labor laws, those laws can be complex and confusing.  Neither the Labor Commissioner nor the Courts care if you tried to be fair to your employees.  They only question they will ask is: “Were you in strict compliance with each and every provision of the labor code?”  If not, the employee wins, and in many cases also wins attorney fees.

Common areas where well meaning employers are losing big in Court and before a Labor Commissioner hearing:

  • Misclassifying “non-exempt” workers as “exempt” (i.e., putting an employee on “salary” to avoid compliance with meal periods, rest periods, and overtime).  There are only three narrow classifications of exempt workers, and unless the employee squarely falls under professional, supervisory, or administrative exemptions, they must be classified as non-exempt.
  • Failure to provide a true 30 meal period for all non-exempt employees who work over 5 hours in a day.  “True” means 30 uninterrupted minutes where the employee is relieved of all duties and is free to leave the premises.  Remember, the receptionist who eats lunch at her desk is a perpetual labor code violation.
  • Failure to pay overtime for non-exempt workers who work over 8 hours in a day or 40 hours in a week.  While some narrow exceptions exist for commissioned salespeople, the employer needs to comply with overtime or face penalties and attorney fees.

If you are a small business owner looking for a management side employment law attorney, call The Small Business Law Firm at 855-524-9529 to schedule your free, no obligation consultation.  For more information, visit