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The Law Offices of John F. McCarthy is dedicated to your needs and focused on your success.  
 
We are a boutique labor and employment law firm.  Our main office is in San Diego, California, but we represent employees throughout California.  We also advise and counsel small businesses throughout California on labor and employment law matters.  We have successfully represented small businesses and we have successfully taken on Fortune 500 Companies. 

Our areas of practice include:      

Wage and Hour Issues Like:

• Minimum wage;
• Tips; Meal and Lodging Credits;
• Discretionary Bonuses and Payments to Certain Benefit Plans;
• Benefit Plan Contributions;
• Stock Options and Equity Devices;
• Premium Pay for Overtime;
• Compensatory Time Off;
• Meal Periods and Rest Periods;
• Waiting Time/ On-Call Time;
• Sleeping Time;
• Travel Time;
• Training Time;
• Exemptions from Minimum Wage and Overtime Requirements;
• Outside Salespersons;
• Commissioned Salespersons;
• Salaried Employees;
• Child Labor; and/or
• Wage Garnishments

Discrimination and Harassment Issues Like:

• Civil Rights Act of 1964 (Title VII) including race, color, religion, sex, national origin, pregnancy, childbirth, or related medical conditions;
• Equal Pay Act of 1963;
• Age Discrimination in Employment Act (ADEA);
• Immigration Reform and Control Act of 1986 (IRCA);
• Americans with Disabilities Act (ADA);
• Genetic Information Nondiscrimination Act of 2008 (GINA); and/or
• Fair Employment Housing and Housing Act (FEHA) including age, physical or mental disability, medical condition, religion, marital status, sexual orientation, gender identity and veteran status; and 
  Sexual Harassment.

Workplace Privacy Issues Like:

• Using Facebook;
• Email;
• Voicemail;
• Workplace Searches;
• Medical and Physical Examinations; and/or
• Drug Testing.

Whistleblower Cases Based on:

• Reporting illegal work practices or working conditions;
• Reporting unsafe work practices or working conditions; and/or
• Reporting to the Labor Commissioner.

Vacations, Family and Medical Leave and Other Time Off Issues Like:

• Vacations;
• Sick Leave;
• Holidays;
• Pregnancy Disability Leave;
• Employee and Employer Notices;
• Medical Certification;
• Family Medical Leave Act (FMLA);
• California Family Rights Act (CFRA); and/or
• Reinstatement.

Layoff Issues Like:

• Compliance with the Worker Adjustment and Retraining Notification Act (WARN Act)
• Violations of the WARN Act; and/or
• Discriminatory layoffs.

Wrongful Terminations Based on:

• Sex, race, creed, color, and national or ethnic origin;
• Physical disabilities such as AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, PTSD and heart disease;
• Medical conditions;
• Mental disability including clinical depression and bipolar disorder;
• Ancestry;
• Marital status;
• Pregnancy;
• Age;
• Sexual orientation;
• Perception; and/or
• Exercise of right to unpaid leave under the Family Rights Act.

Cost-Effective, Flat-Rate, Employment and Labor Law Advice and Counsel in English and Spanish for Employers like:

• Advice on Hiring Your First Employee;
• Workplace Audits (showing you where you are at risk and how to fix it);
• Employment Contracts;
• Non-Compete Agreements;
• Non-Disclosure Agreements; 
• Trade Secret Agreements;
• Severance Agreements;
• Employment Handbooks / Personnel Manuals;
• Injury and Illness Prevention Plans;
• Human Resources / Personnel Advice;
• Management Training;
• Sexual Harassment Training; 
• Safety Training; and
• Business Disputes.