Transactional Employment Law

Based in San Diego, Ortega Business Law Firm, APC represents clients in transactional employment law issues. One of the most challenging aspects of operating your business is managing the challenging myriad of employment issues that inevitably arise. Ortega Business Law Firm, APC provides employment counseling and transactional employment services.  The Firm does not handle litigation matters.

We have extensive experience in the area of employment law, having represented both large public and private entities in employment litigation and counseling in San Diego as well as nationally. Our experience with labor law has included cases of harassment, wage and hour class actions, wrongful termination, race, gender and sexual discrimination. We have likewise advised mid-sized and large business in all areas of employment issues, including employee retentions, terminations, independent contracting issues, negotiations regarding executive structure and compensation and workplace investigations.

Ortega Business Law Firm, APC is dedicated to protecting the client from the threat of liability that stems from employee-related issues. One of the tools Ortega Business Law Firm, APC implements in creating this shield for its clients is the creation of employment structures, some of which include:

  • Employee policies, including modification and renewal of policies to ensure that they are in compliance with state and federal laws. Policies such as employee handbooks are an essential defense tool for an employer. Since several Supreme Court cases in the 1990s established an employer’s ability to create defensive mechanisms within their business, employee policies/handbooks have been at the forefront of this defense. These policies, which establish the basic parameters of employment relationships relating to employee classification, benefits, rights, conduct, etc., help navigate the challenging role of employers. Keeping your employee handbook up to date can help minimize potential litigation. This is especially important in a state with such rapidly changing employment laws as California. The associates at the Law Firm of Rosana Herrera-Ortega are well-versed in drafting employee policies and contracts related to employment law.
  • Company policies,  including procedures for dealing with and resolving employee grievances and ensuring compliance with new laws and standards.
    Employee Retention packages. An important aspect of retaining employees is ensuring that they have a full understanding of their job responsibilities at the outset of the employment relationship. A comprehensive packet containing all of the information the employee needs to begin their employment will set a good start to that relationship and protect an employer from future liability.
  • Employee Retention packages. An important aspect of retaining employees is ensuring that they have a full understanding of their job responsibilities at the outset of the employment relationship. A comprehensive packet containing all of the information the employee needs to begin their employment will set a good start to that relationship and protect an employer from future liability.
  • Termination packages, including counseling and training on severance issues with executive and key personnel; common mistakes, which expose employers to liability, typically occur when the employee is separated from his or her employment either by resignation or termination. Such mistakes can be avoided through the creation and implementation of a salient termination packet that deals with the myriad of issues connected with these instances. A well thought out and organized plan can prevent a lot of these problems.
  • Negotiation, drafting and implementation of Independent Contractor contracts
  • Negotiation, drafting and implementation of employee contracts. California is an “at-will” state, which means that employment relationships generally can be terminated at any time, for any lawful reason. This does not preclude employers from entering into agreements with their employees to establish the particulars of the relationship.
  • Training of supervisors and managers with regards to discrimination, sexual harassment, disability and wage and hour issues. In today’s volatile work environment, it is imperative that employers train their management and supervisory staff in order to mitigate any potential liability. It isn’t enough to have a simple discussion with managerial staff; rather, it is sound policy to continuously analyze and train for potential threats in order to avoid costly concerns.
  • Matters relating to Wage and Hour Laws. One of the most common mistakes that employers make is to misclassify employees as exempt from overtime requirements. Any such misclassification can cost the employer substantial effort and expense as it can be held responsible for paying those employees for all of the past overtime they were entitled to, plus additional fees and penalties.

We will likewise represent clients in hearings stemming from claims filed by employees with the Employment Development Department, Division of Labor Standards Enforcement, Equal Employment Opportunity Commission or California Department of Fair Employment and Housing.