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    Trusted Litigation and Employment Law Specialists on Your Side

    Since the firm was originally founded in 1996, Berger & Williams, LLP has been a leading employment law firm in San Diego, California. We are here to help individuals and businesses navigate California’s complex legal system. With decades of experience and thousands of satisfied clients, we help businesses stay on the right side of compliance with employment law in California, and we help employees recover when they are victims of unlawful practices.

    Our San Diego employment attorneys have extensive experience representing both employees and employers in a wide range of employment law matters, including discrimination, harassment, wage and hour disputes, retaliation, wrongful termination, leaves of absence, among others.

    Whether you are an employee or a business owner or manager, we are here to help you ensure the law is upheld fairly. Here’s how.

    Protect Your Rights in the Workplace with Our Employment Discrimination Lawyers

    Discrimination in the workplace is illegal, and our employment discrimination attorneys in San Diego are dedicated to helping clients protect their rights. We represent employees who have experienced discrimination based on race, sex, age, disability, and other protected characteristics. We also counsel and advise businesses on how to comply with these important laws and assist employers in developing policies and procedures to prevent discrimination and respond to discrimination claims.

    Your Voice Matters - Our Sexual Harassment Lawyers Will Help You Seek Justice

    Sexual harassment in the workplace creates a toxic work environment and impacts a person’s physical and emotional well-being. Our sexual harassment lawyers in San Diego have extensive experience representing clients who have experienced sexual harassment in the workplace. We provide employers with the tools necessary to maintain lawful workplace environments.

    Experienced Wage and Hour Lawyers Helping You Get the Pay You Deserve

    Employers have a legal obligation to pay their employees in accordance with a variety of federal, state, and local laws. Our wage and hour attorneys in San Diego represent employees and business in all types of cases involving overtime wages, minimum wages, expense reimbursement, misclassification, and many other kinds of disputes.

    We also work with businesses to establish compliant pay practices and correct mistakes when they occur.

    Protect Your Career and Your Rights with Our Wrongful Termination Attorneys

    California is an at-will employment state. Both employers and employees can terminate a working relationship without an underlying cause, at any time, with or without notice. However, there are exceptions to at-will employment.

    Employers cannot terminate an employee for discriminatory reasons, in retaliation for exercising their legal rights, or for a variety of other protected activities. Our wrongful termination attorneys in San Diego represent employees in wrongful termination claims, including those involving retaliation for whistleblowing, discrimination, or exercise of legal rights. We also advise employers on best practices to avoid wrongful termination claims.

    Ensure Your Employment Agreements, Arbitration Agreements, and Severance Agreements are Fair and Legal

    Employment contracts and agreements can be complex and require careful negotiation to protect the interests of both the employer and employee. The laws on employment, arbitration, and separation agreements change constantly. Our expert employment agreement attorneys in San Diego advise clients on the negotiation, drafting, and review of employment contracts, including arbitration agreements, non-compete agreements, confidentiality agreements, and severance agreements.

    Aggressive Legal Representation for Employment Litigation Matters

    Sometimes employment disputes cannot be resolved through negotiation, and litigation becomes necessary. Our San Diego employment attorneys have decades of experience representing clients in more than 1,000 employment litigation matters through all phases of cases up to an including trial, post-trial and on appeal.

    We work as experienced business litigation attorneys in San Diego, protecting your proprietary information and trade secrets, and defending you against claims from other businesses.

    We provide aggressive, efficient, and effective representation to protect our clients’ rights and achieve the best possible favorable outcome.

    Trusted Employment Attorneys Advocating for Your Health and Happiness

    At Berger & Williams, LLP, we understand that employment law matters are complex and emotionally challenging. That’s why we’re dedicated to providing compassionate and effective legal representation to employees and employers throughout San Diego and across California.

    Contact us today for a free consultation with one of our experienced employment law attorneys in San Diego.

    Recent Successes

    Tim Williams Named to Local and Statewide Leadership Posts

    • Timothy Williams
    • November 18, 2022

    In September 2022, Tim Williams was appointed to the California Lawyers Association Labor and Employment Section’s Executive Committee. Tim will serve a three-year term working with other members and advisors steering one of the state’s largest voluntary membership sections providing continuing legal education, scholarship grants, written publications, and other related content to the labor and...

    Updates on California COVID-19 Paid Sick Leave

    • Timothy Williams
    • March 30, 2021

    Effective February 2022, employers in California with more than 25 employees were again required to provide employees with COVID-19 Supplemental Paid Sick Leave due to a COVID-19 related reason (such as to care for oneself, a family member, or if the employee was attending a vaccine appointment). The law was retroactive to January 1, 2022,...

    2022 Brings New Employment Laws to California

    • Timothy Williams
    • December 15, 2020

    Berger & Williams, LLP settles historic class action after successful opinion from the California Supreme Court changing the law on use of independent contractors

    • Timothy Williams
    • August 14, 2020

      In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California...

    California Supreme Court Updates Meal Period Laws

    • Timothy Williams
    • March 15, 2020

    On February 25, 2021, the California Supreme Court issued an opinion regarding California’s meal period laws. It dramatically changes employers’ obligations in two respects, and reaffirms one key provision. First, if an employer is using a timekeeping system that “rounds” employee time entries for payroll at the beginning and end of the day, employers are...

    Berger & Williams, LLP Celebrates 25 Years!

    • Timothy Williams
    • January 1, 2020

    Berger & Williams, LLP resolves multiple “personal attendant/caregiver” cases

    • Timothy Williams
    • May 15, 2019

    Berger & Williams, LLP Obtains Final Settlement in Class Action Consumer Fraud Case

    • Timothy Williams
    • April 19, 2019

    Berger & Williams, LLP settles long-running class action after successful opinion from the California Supreme Court changing the law on use of independent contractors

    • Timothy Williams
    • February 24, 2019

    In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California on...

    Berger & Williams, LLP obtains conditional class certification for restaurant workers; settles case.

    • Timothy Williams
    • December 31, 2018

    California Employers Must Pay Workers for De Minimus Tasks Performed After Clocking Out

    • Timothy Williams
    • September 4, 2018

      The California Supreme Court recently determined that employees must be paid for tasks they are regularly required to perform for a few minutes before or after their regular work hours.  Troester v. Starbucks involved a class action lawsuit against Starbucks by a shift supervisor who was required, after clocking out each day, to send...

    California Employee Wins Claim He Was Deceived By Hiring Employer

    • Timothy Williams
    • August 13, 2018

    An employee claimed he was tricked into accepting job that the employer misrepresented. After being fired, the employee sued the corporation and its two co-founders for fraud, breach of contract, and breach of the covenant of good faith and fair dealing. The employers claimed the employee was at will, and was not owed anything upon...

    Berger & Williams, LLP Secures Arbitration Win

    • Timothy Williams
    • August 13, 2018

    Successful defense and resolution of wage and hour class action for greater Los Angeles area health care provider

    • pbadmin
    • September 25, 2017

    San Diego enacts historic minimum wage and sick leave ordinance

    • pbadmin
    • July 11, 2017

    Following a voter referendum in June 2016, San Diego adopted a city-wide minimum wage higher than the California minimum wage, and a sick leave law more protective than state standards. Changes affect every business and every employee working in San Diego and will impact the city’s economy for years to come.

    Tremendous success in wage and hour class action

    • pbadmin
    • May 5, 2017

    California Employers Cannot Require Employees to Be On-Call During Rest Breaks

    • Stephanie Reynolds
    • January 17, 2017

    On December 22, 2016, the California Supreme Court ruled that employers in California must give their employees 10 minutes of work-free rest breaks every four hours or major fraction thereof, and cannot require them to remain on-call and available for duty. In Augustus v. ABM Security Services, Inc. (“ABM”), Augustus and others sued ABM alleging...

    Substantial recovery for an executive in a retaliation case

    • Timothy Williams
    • September 19, 2016

    Harvey C. Berger represented a Vice President of Sales of a mid-sized technology company who went on FMLA leave for cancer surgery and treatment, but was terminated upon returning to work. Despite being rehired by his previous employer only four months later, Harvey was able to settle the case for almost $1 million, two weeks...

    Settlement of serious sexual harassment case

    • pbadmin
    • August 4, 2016

    Successful defense of Oakland-area business from wage claims by former employee

    • pbadmin
    • April 26, 2016

    California sick leave laws affect all businesses in the state

    • pbadmin
    • September 26, 2015

    In 2015, California lawmakers enacted an expansive set of paid sick leave requirements that will apply to millions of California workers. Paid sick leave is now mandatory for nearly all private employees, and employers are obligated to continue to restore sick leave year after year. Local sick leave laws enacted since 2015 have expanded worker...

    Legal Updates

    Tim Williams Named to Local and Statewide Leadership Posts

    • Timothy Williams
    • November 18, 2022

    In September 2022, Tim Williams was appointed to the California Lawyers Association Labor and Employment Section’s Executive Committee. Tim will serve a three-year term working with other members and advisors steering one of the state’s largest voluntary membership sections providing continuing legal education, scholarship grants, written publications, and other related content to the labor and...

    Updates on California COVID-19 Paid Sick Leave

    • Timothy Williams
    • March 30, 2021

    Effective February 2022, employers in California with more than 25 employees were again required to provide employees with COVID-19 Supplemental Paid Sick Leave due to a COVID-19 related reason (such as to care for oneself, a family member, or if the employee was attending a vaccine appointment). The law was retroactive to January 1, 2022,...

    2022 Brings New Employment Laws to California

    • Timothy Williams
    • December 15, 2020

    Berger & Williams, LLP settles historic class action after successful opinion from the California Supreme Court changing the law on use of independent contractors

    • Timothy Williams
    • August 14, 2020

      In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California...

    California Supreme Court Updates Meal Period Laws

    • Timothy Williams
    • March 15, 2020

    On February 25, 2021, the California Supreme Court issued an opinion regarding California’s meal period laws. It dramatically changes employers’ obligations in two respects, and reaffirms one key provision. First, if an employer is using a timekeeping system that “rounds” employee time entries for payroll at the beginning and end of the day, employers are...

    Berger & Williams, LLP Celebrates 25 Years!

    • Timothy Williams
    • January 1, 2020

    Berger & Williams, LLP resolves multiple “personal attendant/caregiver” cases

    • Timothy Williams
    • May 15, 2019

    Berger & Williams, LLP Obtains Final Settlement in Class Action Consumer Fraud Case

    • Timothy Williams
    • April 19, 2019

    Berger & Williams, LLP settles long-running class action after successful opinion from the California Supreme Court changing the law on use of independent contractors

    • Timothy Williams
    • February 24, 2019

    In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California on...

    Berger & Williams, LLP obtains conditional class certification for restaurant workers; settles case.

    • Timothy Williams
    • December 31, 2018

    California Employers Must Pay Workers for De Minimus Tasks Performed After Clocking Out

    • Timothy Williams
    • September 4, 2018

      The California Supreme Court recently determined that employees must be paid for tasks they are regularly required to perform for a few minutes before or after their regular work hours.  Troester v. Starbucks involved a class action lawsuit against Starbucks by a shift supervisor who was required, after clocking out each day, to send...

    California Employee Wins Claim He Was Deceived By Hiring Employer

    • Timothy Williams
    • August 13, 2018

    An employee claimed he was tricked into accepting job that the employer misrepresented. After being fired, the employee sued the corporation and its two co-founders for fraud, breach of contract, and breach of the covenant of good faith and fair dealing. The employers claimed the employee was at will, and was not owed anything upon...

    Berger & Williams, LLP Secures Arbitration Win

    • Timothy Williams
    • August 13, 2018

    Successful defense and resolution of wage and hour class action for greater Los Angeles area health care provider

    • pbadmin
    • September 25, 2017

    San Diego enacts historic minimum wage and sick leave ordinance

    • pbadmin
    • July 11, 2017

    Following a voter referendum in June 2016, San Diego adopted a city-wide minimum wage higher than the California minimum wage, and a sick leave law more protective than state standards. Changes affect every business and every employee working in San Diego and will impact the city’s economy for years to come.

    Tremendous success in wage and hour class action

    • pbadmin
    • May 5, 2017

    California Employers Cannot Require Employees to Be On-Call During Rest Breaks

    • Stephanie Reynolds
    • January 17, 2017

    On December 22, 2016, the California Supreme Court ruled that employers in California must give their employees 10 minutes of work-free rest breaks every four hours or major fraction thereof, and cannot require them to remain on-call and available for duty. In Augustus v. ABM Security Services, Inc. (“ABM”), Augustus and others sued ABM alleging...

    Substantial recovery for an executive in a retaliation case

    • Timothy Williams
    • September 19, 2016

    Harvey C. Berger represented a Vice President of Sales of a mid-sized technology company who went on FMLA leave for cancer surgery and treatment, but was terminated upon returning to work. Despite being rehired by his previous employer only four months later, Harvey was able to settle the case for almost $1 million, two weeks...

    Settlement of serious sexual harassment case

    • pbadmin
    • August 4, 2016

    Successful defense of Oakland-area business from wage claims by former employee

    • pbadmin
    • April 26, 2016

    California sick leave laws affect all businesses in the state

    • pbadmin
    • September 26, 2015

    In 2015, California lawmakers enacted an expansive set of paid sick leave requirements that will apply to millions of California workers. Paid sick leave is now mandatory for nearly all private employees, and employers are obligated to continue to restore sick leave year after year. Local sick leave laws enacted since 2015 have expanded worker...

    Contact

    Berger & Williams, LLP
    401 B Street, Suite 2000
    San Diego, CA 92101

    (619) 234-1222




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