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EmploymentLawFirm.netLaw Offices of Marshall E. Rosenbach
855-552-9699

EmploymentLawFirm.net

★
4.9 Google Rated Law Firm

Employment Attorney in San Diego, CA

They stole your time. Let's get your money back.

Unpaid overtime, wrongful termination, harassment, retaliation, disability leave — tell us what happened and we will tell you what the law says.

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What we handle

San Diego employment law, in plain English

Every point below is tied to the statute or case that supports it. If your situation matches one of these, it is worth a phone call.

Unpaid wages, overtime, and breaks

California pays overtime by the day as well as by the week, and unpaid time adds penalties on top of the wages themselves.

  • Time and a half after 8 hours in a workday and after 40 in a workweek, double time after 12 hours in a day, under Cal. Lab. Code § 510. Federal overtime after 40 hours is separately owed under 29 U.S.C. § 207(a).
  • A 30-minute off-duty meal period is required before the end of the fifth hour under Cal. Lab. Code § 512, and each missed or interrupted meal or rest period costs one extra hour of pay under Cal. Lab. Code § 226.7. Rest breaks must be genuinely off duty, Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257 (2016).
  • Small increments of off-the-clock work still count: California rejects the federal de minimis defense for regularly occurring minutes, Troester v. Starbucks Corp., 5 Cal. 5th 829 (2018), and time under employer control, including bag checks, is hours worked, Frlekin v. Apple Inc., 8 Cal. 5th 1038 (2020).

Wrongful termination and retaliation

California is an at-will state, but firing someone for an unlawful reason is still actionable.

  • An employer may not fire or punish you for reporting what you reasonably believe is a violation of law, Cal. Lab. Code § 1102.5, and the employer carries a clear-and-convincing burden under Cal. Lab. Code § 1102.6 once you show retaliation was a contributing factor, Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022).
  • Retaliation for complaining about wages or filing a wage claim is separately unlawful under Cal. Lab. Code § 98.6, and for federal wage complaints under 29 U.S.C. § 215(a)(3).
  • Raising a workplace health or safety concern is protected under Cal. Lab. Code § 6310.

Discrimination and harassment

FEHA covers California employers with five or more employees, and harassment claims reach employers of any size.

  • It is unlawful to discriminate based on race, national origin, religion, sex, pregnancy, gender identity, sexual orientation, age (40 and over), disability, or medical condition under Cal. Gov. Code § 12940(a); federal claims arise under 42 U.S.C. § 2000e-2.
  • Harassment does not have to be severe to be actionable: a single incident can suffice if it unreasonably interferes with work, and the legislature rejected the 'stray remarks' approach in Cal. Gov. Code § 12923.
  • Harassment liability under FEHA applies to employers regardless of employee count, and to individual harassers, under Cal. Gov. Code § 12940(j).

Leave, disability, and accommodation

Getting hurt, getting sick, or having a baby is not a lawful reason to lose your job.

  • Employers must provide reasonable accommodation for a disability and engage in a good-faith interactive process under Cal. Gov. Code § 12940(m)–(n).
  • California Family Rights Act leave of up to 12 weeks applies to employers with five or more employees under Cal. Gov. Code § 12945.2; federal FMLA leave applies at 50 or more employees under 29 U.S.C. § 2612.
  • Pregnancy disability leave of up to four months is separate from CFRA leave under Cal. Gov. Code § 12945.
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4.9 Google Rated Law Firm

  • “Marshall went above and beyond for my family. I’d definitely recommend them to anyone looking for a solid attorney.”Daniel Doyon
  • “Couldn’t have asked for better representation. Goes above and beyond, and sincerely cares about the wellbeing of his clients. This is the guy you want on your side.”Heather Mott
  • “The best lawyer in Florida so professional kind understanding and knowledgeable. You don't have to worry he will definitely get the job done.”Maxine Abrahams
See all reviews Read all reviews on Google

Client reviews are the opinions of the individuals who wrote them and are reproduced as posted on Google. They are not a guarantee, warranty, or prediction of the outcome of your case. Past results do not guarantee a similar outcome.

San Diego County

Where we represent workers in San Diego County

Cases from across the county are heard downtown at the Hall of Justice and at the regional centers in Vista, El Cajon, and Chula Vista.

Southern California

We serve all of Southern California

San Diego questions we hear most

Where would my San Diego case be filed?
Civil claims are filed in San Diego Superior Court — the Hall of Justice downtown, or the regional centers in Vista, El Cajon, and Chula Vista. Federal claims, including FLSA overtime under 29 U.S.C. § 207, are filed in the U.S. District Court for the Southern District of California.
How long do I have to act?
Deadlines differ by claim. Statutory wage claims generally run three years under Cal. Civ. Proc. Code § 338, FEHA discrimination and harassment complaints generally must reach the Civil Rights Department within three years of the last violation under Cal. Gov. Code § 12960(e), and federal overtime claims run two years, or three if willful, under 29 U.S.C. § 255(a).
Do I have to pay upfront?
Employment cases here are handled on a contingency-fee basis. You may still be responsible for costs and expenses regardless of the outcome, and the fee arrangement is set out in a written agreement.

Licensed in two states

We can represent you in California and Florida.

Marshall E. Rosenbach is admitted in California (California State Bar No. 214214) and Florida (The Florida Bar No. 698032). Florida wage and overtime claims are covered on our Florida overtime page.

Start my free case review 855-552-9699

4.9 Google Rated Law Firm

  • “Marshall went above and beyond for my family. I’d definitely recommend them to anyone looking for a solid attorney.”Daniel Doyon
  • “Couldn’t have asked for better representation. Goes above and beyond, and sincerely cares about the wellbeing of his clients. This is the guy you want on your side.”Heather Mott
  • “The best lawyer in Florida so professional kind understanding and knowledgeable. You don't have to worry he will definitely get the job done.”Maxine Abrahams
See all reviews Read all reviews on Google

Client reviews are the opinions of the individuals who wrote them and are reproduced as posted on Google. They are not a guarantee, warranty, or prediction of the outcome of your case. Past results do not guarantee a similar outcome.