Workplace & Employment Law

Our San Francisco law firm's work and knowledge in the area of workplace and employment law naturally followed our representation of business owners with operations in California and San Francisco, the San Francisco Peninsula, Oakland and the East Bay and the San Jose areas.

The US free enterprise system does not mean business endeavors will be risk free or trouble free. Today, California employers and San Francisco, Oakland and San Jose businesses and business owners regularly ask our attorneys to evaluate their rights when claims are made by current and former employees. Many times these are claims by unhappy employees that are submitted to one of the many state and federal government agencies that must monitor workplace conditions. As a result, we assist California employers and San Francisco Bay Area businesses that face, for example, FEHA claims, EEOC inquiries, audits by the EDD and wage and hour investigations by the United States DOL.

We also provide our clients with guidance and advice on the workplace & employment law applicable where a former business partner or former employees have started a competing business; or where a valued sales professional or manager has been 'poached' by a competitor. In these circumstances, trade secret issues and non-competition covenants often must be evaluated. Regrettably, many times we find that non-compete agreements and associated non-solicitation covenants have not been structured properly and are not enforceable. We then suggest solutions that mitigate our client's exposure.

We are well versed on a full range of workplace and employment law problems facing our clients, including wage and hour issues and overtime compensation, and on issues and penalties relating to 'misclassification' of employees as independent contractors or exempt workers.

Our San Francisco attorneys have both defended AND prosecuted California Labor Code claims for unpaid employee compensation; and we are keenly aware of the statutory penalties and attorneys fees which apply under the California Labor Code for violations of the compensation laws. We therefore counsel employers on how to conduct their business within the legal limits of California's workplace & employment law and Labor Commissioner's rules.

We also assist our business clients with employment tax audits and are usually able to substantially limit their financial exposure. Such employment tax audits are becoming a regular part of everyday business life for small to medium sized employers in the San Francisco Bay Area. Our experience is that no employer is immune from this risk.

Our attorneys do not represent labor unions nor any labor organizations; but our firm is particularly sensitive to the needs and goals of labor unions because of Sid Luscutoff's earlier occupation as a full time labor organizer for the Western Conference of Teamsters and his subsequent full time position as a state legislative representative (lobbyist) for the California Teamsters Legislative Council. Sid Luscutoff knows labor unions, labor union contracts and a full range of issues that arise in the employment context and when dealing with workplace & employment law issues and labor unions.

Our work in the area of workplace and employment law includes providing legal counsel, dispute resolution advice and court litigation in the following areas of workplace and employment law:

Non-Compete Agreements & Employment Contracts

Overtime Compensation

Independent Contractor Agreements

Employment Taxes

Department of Labor (DOL) Audits

Wage and Hour Compliance

EEOC Complaints

DFEH California Labor Code Claims

Labor Commissioner Complaints

Wage Withholding Compliance

If you or someone you know is facing a payroll audit or a Labor Commissioner claim or requires assistance on a workplace & employment law issue, contact Sidney Luscutoff or your attorney at Luscutoff, Lendormy & Associates.

Droit du Travail

Derecho Laboral y el Lugar de Trabajo