An Employment Lawyer For Businesses Providing Assertive, Skilled Defense

Attorney Clifton E. Smith has extensive employer defense experience. He protects the legal rights of employers and their management team in defense of litigation or state and federal administrative inquiries. CE Smith Law Firm also assists in the development of comprehensive employment policies as well as the early resolution of all employer-related disputes.

Of course, the most effective employer defense strategy includes an effort to resolve the dispute before it ever reaches the courtroom. However, in the event that these employment disputes do end up in the courtroom, Mr. Smith offers skilled employer defense representation for you and your management team in both state and federal courts.

Representation In Government Investigations And Internal Self-Assessments

In addition to employer defense in a court of law, CE Smith Law Firm represents employers against intrusive and intimidating investigations by state and federal agencies, such as the U.S. Department of Labor (DOL), or the Division of Labor Standards Enforcement (DLSE), or the Fair Employment Housing Authority (FEHA) to name just a few.

Attorney Smith also offers strategic guidance, training, support and even confidential self-audits of your business practices, wherever and whenever needed. This support and guidance will help your firm identify, address and resolve issues in a proactive manner, in an effort to avoid litigation or claims and inquiries by state or federal agencies.

A Comprehensive Range Of Services For Employers And Businesses

The firm is ready to represent your company in matters related to:

• Defense of class action, wage and hour lawsuits
• Harassment claims, including sexual harassment
• Wrongful termination cases
• Employment discrimination and retaliatory discharge claims
• Wage claims for unpaid overtime, missed meal and rest periods, inaccurate wage statements, failure to pay all wages due at termination, commission and bonus disputes
• Claims and investigations by DOL, EEOC, FEHA, DLSE
• Employer defense of unfair labor practice charges before the National Labor Relations Board
• Pre-(NLRB) petition, strategic union avoidance strategies and activities to remain union-free
• Post-(NLRB) petition, counter-union organizing campaigns & strategies to win the election, defeat the union and remain union-free
• Claims under FMLA/CFRA leave laws

Discrimination, harassment and retaliation lawsuits typically involve sizable claims for compensatory damages, punitive damages and attorney fees. Class action wage and hour lawsuits can present significant, financial exposure to multimillion-dollar employee wage claims depending upon various factors such as the size of the employee class, its unique attributes, the nature of the claims, and the period for which such class claims are made, among other factors.

The legal defense services provided by CE Smith Law Firm will help your management team remain focused on your business operation, minimizing the distraction and disruption caused by employment claims and lawsuits.

An Attorney For Employers Representing A Wide Range Of Industries

Attorney Smith is known for representing employers in conflicts across numerous industries, such as: 

• Manufacturing: Issues such as employment misclassification, wage and hour violations, and concerns surrounding the Garment Worker Protection Act can create headaches for owners of manufacturing businesses. 
• Logistics: Inconsistent enforcement of the Assembly Bill 5 (AB5) independent contractor law, as well as recent warehouse quotas implemented by the state, have created uncertainties, confusion and frustration in how to react to and enforce rules for logistics companies. 
• Call centers: California’s WARN Act is much stricter than the federal version. This can create challenges for call centers due to the rigorous penalties for failing to comply. There is also little room for exceptions for unforeseeable events.  
• Mining: On top of strict requirements for employment classification and wage and hour compliance, mining companies also have to deal with California’s stringent and sometimes unforgiving environmental regulations. 
• Waste management: Waste management companies in California often face strict requirements for daily and weekly overtime pay. What can make this more challenging is that the minimum wage in the state can vary depending on the location. Waste management companies must also ensure compliance with the state’s strict safety requirements for workers handling hazardous waste.  
• Maintenance: Things like wage statement requirements, employer vs. employee equipment supply, overtime rules, and strict penalties for other forms of noncompliance can pose distinct challenges for employers in maintenance-related industries.  
• Transportation: Much like those in logistics, transportation employers also have to navigate AB5 rules, overtime rules, and meal and rest breaks, all of which can be considerably complex under California law. 
• Petroleum transportation: Petroleum transportation employers have to deal with all of the usual labor laws governing transportation and logistics industries, as well as additional environmental regulations and stringent emergency procedures in the event of an accident. 
• Parcel delivery: Parcel delivery companies in California often must comply with stringent employment classification rules, safety requirements, and wage statement requirements. 
• Food processing: For food processing employers, California has unique and often costly requirements that they must meet for their workforce. For instance, food processing employers in the state are required to provide workers with food handling training. They must also comply with stringent rules and emergency procedures for preventing heat illness.  
• Health care: California has specific rules for health care employers regarding workplace safety, discrimination and retaliation. Employers in the health care sector, such as clinics and hospitals, can be easily accused of violating these rights and face steep fines and other severe penalties as a result. 
• Restaurants, hotels and catering: Employers in these industries are subject to similar wage and hour, and employment classification laws to other industries. What makes them stand out from different sectors has to do with tips. Under California law, tips are separate from earned wages. They cannot be used as a means to meet minimum wage requirements. 

CE Smith understands the unique employment challenges each of these industries can face, particularly in a state with complex labor laws like California. If you become involved in an employment lawsuit, learn more about how he can approach your situation to help you resolve disputes and pursue desirable outcomes. You can reach his Oceanside office by calling 760-754-5473. 

Information All Employers Must Know

Many business owners and management teams are surprised by information like the following:

• You, your executive staff and/or your management team may be individually liable for a sexual harassment claim.
• If you retaliate in response to a discrimination claim, even if the claim is found to be false, you could still be liable for the retaliation.
• Your business could be liable for failure to promptly investigate and remedy claims of discrimination or harassment.

What you don’t know can hurt you, legally and financially. That is one of many reasons why it is important to consult with an experienced employer defense attorney.

Partner With An Attorney Who Will Aggressively Protect Your Interests

Don’t let an employee claim or lawsuit ruin your company. Attorney Smith is ready to help you defend against adverse legal action. You can schedule your appointment by calling 888-780-4541 or by submitting an online form.