John F. McCarthy

McCarthy Law
525 B Street – Suite 1500
San Diego, California 92101

(619) 736-8910

(844) 735-8360

Email John F. McCarthy


Areas of Practice

  • Employment Law — Employee
  • Labor Law
  • Denial of FMLA
  • Discrimination
  • –Racial Discrimination
  • –National Orgin Discrimination
  • –Age Discrimination
  • –Disability Discrimination
  • –LGBT Discrimination
  • –Unfair Wages, Unequal Pay
  • Harassment
  • –Sexual Harassment
  • Wage, Hour and Overtime Violations
  • –Unpaid Earnings
  • –Unpaid Commissions
  • –Missed Meal Breaks & Rest Periods
  • Wrongful Termination
  • Whistleblower Claims / Qui Tam Cases
  • Retaliation
  • Mediation / Arbitration / Courtroom Litigation

Bar Admissions
•Supreme Court of California
•United States Court of Appeals for the Ninth Circuit
•United States District Court – Northern District of California
•United States District Court – Southern District of California
•United States District Court – Eastern District of California

•Pepperdine School of Law – Straus Institute for Dispute Resolution
•San Diego Inn of Court – Trial College
•Thomas Jefferson School of Law
•University of California – Davis.

Recent Published Works
•“The Coming Tide – Social Media Use in Litigation” – American Bar Association, Tort Trial and Insurance Practice.
•“Working it Out: Mediation in the Workplace” – Fresno County Bar Association, Bar Bulletin

Recent Speeches / Lectures
•“Reaching Common Ground – Working with Opposing Counsel to Resolve Employer/ Employee Disputes”- San Diego County Bar Association
•“Resolving Employment Disputes with Mediation” – Association for Conflict Resolution

Honors and Awards
•Top 40 Under 40- The National Advocates
•Rising Star- Super Lawyers Magazine
•Top 40 Labor and Employment Lawyers Under 40- American Society of Legal Advocates
•Best of the Bar- San Diego Business Journal
•Top Attorney, Labor and Employment Semi-Finalist- San Diego Daily Transcript
•Outstanding Young Attorney-San Diego Daily Transcript
•Top Employment Attorney, 10.0 Rating- Avvo

Past and Present Professional Associations and Memberships
•American Bar Association
•California Bar
•San Diego County Bar Association
•Monterey County Bar Association
•National Employment Lawyers Association
•California Employment Lawyers Association
•Consumer Attorneys of California
•Consumer Attorneys of San Diego
•Association for Conflict Resolution
•Southern California Mediation Association

Practice Areas
•Wrongful Termination Based On:
oWhistleblower retaliation
oSex, race, creed, color, and national or ethnic origin
oPhysical disabilities such as AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis and heart disease
oMedical conditions
oMental disability including clinical depression and bipolar disorder
oMarital status
oVeteran status
oSexual orientation
oExercise of right to unpaid leave
•Harassment and Discrimination
oCivil Rights Act of 1964 (Title VII) including race, color, religion, sex, national origin, pregnancy, childbirth, or related medical conditions
oEqual Pay Act of 1963
oAge Discrimination in Employment Act (ADEA)
oImmigration Reform and Control Act of 1986 (IRCA)
oAmericans with Disabilities Act (ADA)
oGenetic Information Nondiscrimination Act of 2008 (GINA)
oFair Employment Housing and Housing Act (FEHA) including age, physical or mental disability, workplace accommodations, interactive process, medical condition, religion, marital status, sexual orientation, gender identity and veteran status
oSexual Harassment.
•Wage and Hour
oMinimum wage
oMeal and Lodging Credits
oDiscretionary Bonuses and Payments to Certain Benefit Plans
oBenefit Plan Contributions
oStock Options and Equity Devices
oPremium Pay for Overtime
oCompensatory Time Off
oMeal Periods and Rest Periods
oWaiting Time
oOn-Call Time
oSleeping Time
oTravel Time
oTraining Time
oExemptions from Minimum Wage and Overtime Requirements
oOutside Salespersons
oCommissioned Salespersons
oSalaried Employees
oChild Labor
oWage Deductions
oWage Garnishments
•Vacations and Leave
oSick Leave
oPregnancy Disability Leave
oEmployee and Employer Notices
oMedical Certification
oFamily Medical Leave Act (FMLA)
oCalifornia Family Rights Act (CFRA)
•Workplace Privacy
oUsing Social Media (Facebook, Twitter, LinkedIn, Instagram)
oWorkplace Searches
oMedical and Physical Examinations
oDrug Testing

We also handle:

• Employment Contracts;
• Severance Agreements;
• Employee Handbooks;
• Personnel/Human Resources Advice;
• Management Training;
• Sexual Harassment Training;
• Safety Training;
• Workplace Investigations; and
• Emotionally charged disputes.

Do You Want John F. McCarthy to Review Your Case?

San Diego employment attorney John F. McCarthy is an expert in California labor law. John has the experience and skills to advise employees of their practical and/or legal options.

Tell John your story by using his confidential case evaluation form and you will likely get his response in mere hours…

FAST, FREE, Confidential Case Evaluation

Attorney John F. McCarthy will review the merits of your employment matter and advise about the merits of your case, including a logical course of action, how to raise your issues, how to request an accommodation, or perhaps how to negotiate a settlement. John is also an expert courtroom litigator should that course become necessary.

San Diego Employment Attorney - McCarthy LawExperience Counts and the experienced and hard working team at McCarthy Law will put their experience to work for you!

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McCarthy Law

525 B Street, Suite 1500
San Diego, CA 92101
(619) 736-8910 (844) 735-8360 Email McCarthy Law