Practice Areas and Legal Definitions

Labor Laws:
Historically, labor laws have focused on such matters as eliminating unsafe workplace conditions, securing a living wage for employees, and eliminating, or at least, tempering the strife that often occurs between employee and employers. Since the appearance of organized labor, laws have established collective bargaining rights, and have sought to prevent either employers or employees, individually or through associations or unions, from engaging in unfair labor practices. It is well-established, by various statutes, that both sides to a labor dispute are legally required to engage in good faith collective bargaining. Modern labor laws also address such complex and often emotionally charged issues as strikes, picketing, mutual injunctive relief and lockouts.

Labor and Employment attorneys can help employers with the following:

• Reviewing client employee handbooks, manuals and policy statements
• Assisting with federal and state wage and hour law issues and claims
• Representing employers before the Equal Employment Opportunity Commission (EEOC) and state human rights agencies
• Providing advice on issues involving National Labor Relations Board (NLRB) representation and elections including campaign assistance
• Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies
• Providing representation for grievance and arbitration hearings under collective bargaining agreements
• Collective bargaining on behalf of clients including strategic planning and acting as spokesperson
• Counseling on issues related to strikes or lockouts and providing related litigation support

Employment Law:
Employment law is a well-established body of statutes and judicial decisions covering all rights and obligations within the employer-employee relationship, including current employees, job applicants and former employees. It covers a wide range of legal issues, ranging from employment discrimination and wrongful termination to matters involving wages and workplace safety. Many employment law issues are governed by applicable federal and state employment law, but a number of issues are determined according to basic contract law.

Employee Rights:
All employees have basic rights arising from both state and federal laws. Some of these rights include: the right not to be subjected to discrimination on the basis of race, national origin, skin color, gender, pregnancy, religious beliefs, disability, age, and in some places, marital status or sexual orientation; the right to a workplace free of harassment; the right to be paid at least the minimum wage as provided by federal or state law; the right to overtime wages as provided by federal or state law; the right to a safe workplace and the right to take leave to care for a personal or family member's serious illness, or following the birth or adoption of a child.

Employment Discrimination:
Discrimination generally occurs when an employee is intentionally treated differently because of race, color, religion, national origin, disability, gender, age, and in some states, sexual orientation. Employment discrimination claims may be prosecuted under various state and federal statutes. Even if the employee’s evidence is sufficient to show discrimination, an employer may be able to justify a particular job action by demonstrating that such treatment arose out of business necessity, or that a legitimate job qualification required consideration of factors that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer’s justification, was the true reason for the action.

Age Discrimination:
It is unlawful for an employer, employment agency or labor union to discriminate in employment on the basis of age. This includes refusing to hire an individual or firing an employee. It also includes an individual’s compensation, the terms, conditions, and privileges of his or her employment, and all employee benefits.

Disability Discrimination:
Both the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 protect individuals with disabilities from employment discrimination. An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment. The term is broadly defined to include any physiological, mental or psychologically-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment—the impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations amounting to a disability entitled to statutory protection.

Wrongful Termination:
Termination of employment cannot be classified as "Wrongful Termination" unless it is in violation of some fundamental public policy, as set forth in a state or federal statute, regulation or constitutional provision. Examples of Wrongful Termination include situations where:

• An employee is discharged for failure to comply with an order to perform an act that violates some law, ordinance or regulation, or
• An employee is discharged in retaliation for complaints about conduct by the employer that he or she believes to be unlawful, e.g., failure to pay overtime, or failure to comply with safety regulations.

Sexual Harassment:
Sexual harassment is any unwanted and unwelcome sexual behavior. It involves a broad range of conduct, including such verbal harassment as derogatory comments, explicit sexual comments and descriptions of sexual exploits, leering or requesting sexual favors. The term also describes physical harassment, ranging from inappropriate touching to outright sexual assault. In order to be classified as illegal the conduct in question must be both unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, prohibited in employment settings under Title VII of the Civil Rights Act of 1964. Title IX of the 1972 Education Act makes sexual harassment in schools or other educational settings unlawful. The Federal Fair Housing Act also provides protection against sexual harassment, and most states have enacted legislation making it unlawful.

Overtime Compensation:
Under both State and Federal law employers are required to pay additional compensation to eligible employees who work more than forty hours during any seven-day period. For every hour over forty hours in any given workweek the employer must pay the eligible employee at least one and one-half times the employee's ordinary hourly rate.

Severance Agreements:
A severance agreement is a form of settlement agreement under which an aggrieved employee agrees to accept an agreed sum of money in exchange for, among other things, abandoning all claims against the employer.  Where it can be negotiated, a severance agreement saves money and aggravation for both sides. Severance agreements commonly include such provisions as "mutual non-disclosure of terms," an agreement that the employee will not compete against the employer, and that neither the employer nor the employee will make negative comments about the other.

Trade Secrets Agreements:
Employment contracts frequently contain provisions for the protection of the employer’s “trade secrets”. These may range from customer data of one kind or another, to company designs, or even “secret recipes”. Typically, the Trade Secrets clause of an employment contract will provide for “liquidated” damages in the event of disclosure of the information. Liquidated damages are a set dollar figure agreed-upon in advance, to be paid in the event the contract clause is violated.

Non-competition Agreements:
Non-competition agreements are provisions contained within an employment contract which restrict the activities of an employee after leaving the service of the company. Courts treat non-competition agreements with suspicion—with an eye toward preventing unnecessary and unreasonable interference with a person’s livelihood after severance of the employer/employee relationship.

The Courts will often decline to enforce “unreasonable” non-competition agreements. A non-competition clause in the agreement under which a used car lot employs an auto mechanic will likely be summarily rejected by the court as unreasonable. The agreement must be reasonable in duration. A non-competition agreement barring the sales manager of a used car lot from engaging in the used car business for the rest of his or her life, or for 50 years, would probably be denied enforcement, while one with a 2-year term might well be enforced.  Non-competition agreements must be reasonable in the area covered. If the agreement precludes the sales manager from engaging in the used car business anywhere in North America, it will almost certainly be denied enforcement as unreasonable. If the area is limited to Escondido, for example, or even to !!REGION!!, it would probably withstand court scrutiny.

Whistleblower Claims:
Whistleblower Claims involve employer retaliation, sometimes to the extent of Wrongful Termination, against an employee who reports the improper or unlawful conduct of another employee or of management itself to government authorities. It is illegal for an employer to retaliate against a “whistleblower.”

Administrative Law:
Administrative Law is a system of justice outside the judicial system that is designed to bring resolution to conflicts arising within a detailed and technical structure of regulations. Administrative Law Courts have a reputation for resolving issues with greater speed and efficiency than the judicial system. Final Administrative Law decisions can be challenged in the Courts, but not until all administrative remedies have been exhausted. Final Administrative Law decisions can also be converted to Court Judgments and then enforced by any of the traditional remedies available for the enforcement of civil judgments.

Injunctions:
Injunctions are a type of Court Order that either requires or prohibits specified conduct or behavior. Injunctions are remedies frequently used in employment cases. They involve such situations as injunctions requiring striking public employees to return to work, or injunctions requiring someone to stop engaging in an unlawful employment practice.  Willful failure to comply with an injunction can lead to a citation for contempt of court, and can result in significant money sanctions or even time in jail for the purpose of coercing compliance.

Workers’ Compensation:
Workers’ Compensation is a state-run system under which employees receive various types and levels of compensation for on-the-job injuries. Generally speaking, the dollar amount of compensation in Workers’ Compensation cases is much lower than in ordinary civil actions to recover damages for personal injuries. On the other hand, the level of proof required is much lower than in a personal injury case. The claimant in a Workers’ Compensation case is not required to prove that the employer was negligent or otherwise at fault. All the claimant need establish in a Workers' Compensation case is that the employee was injured in the course of his or her employment, and that the injury was not the result of the employee's own willful misconduct.

Employment Policy Manuals & Employee Handbooks:
An extraordinarily high percentage of Employment Law conflicts arise because there simply is no established company policy on a particular issue or the existing policy is either unknown or poorly understood. Competent Employment Law counsel can help draft and put together a company policy manual that is both comprehensive and understandable, and an employee handbook that leaves no doubt as to what is expected from each employee, and what he or she can expect from the company.

If you or someone you know needs the assistance of an experienced Escondido, CA labor and employment attorney, call Laturno & Graves today at 866-435-2798, or complete the contact form provided on this site to schedule your free legal consultation.
 

If you or someone you know needs the assistance of an experienced Escondido, CA labor and employment attorney, call Laturno & Graves today at 866-435-2798, or complete the contact form provided on this site to schedule your free legal consultation.

ADDRESS OF THE FIRM:
Laturno & Graves
613 W. Valley Parkway Suite 310
Escondido, CA 92025
Phone: 866-435-2798
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Attorney David W. Graves

David W. Graves is a partner in the law firm of Laturno, Graves and Gillaspey, and he heads the firm's Litigation Department. A San Diego native, Mr. Graves attended Humboldt State University where he graduated with honors and then returned to San Diego to attend the University of San Diego School of Law, graduating Magna Cum Laude.

While in law school, Mr. Graves served a prestigious judicial internship with the Honorable David Thompson, U.S. Ninth Circuit Court of Appeals.

Upon graduation from law school, Mr. Graves was recruited by major law firms throughout the United States and accepted a position with Goldbeck & Associates, a local firm specializing in insurance coverage, construction defect and employment law litigation.

While at Goldbeck & Associates, Mr. Graves represented a broad range of clients, including insurance carriers, corporations and individuals. In 1991, he made firm partner, and the name of the firm was changed to Goldbeck & Graves. In 1992, Mr. Graves became a partner in Laturno & Graves.

An experienced litigator, Mr. Graves has successfully tried both bench and jury trials before the federal and state courts, the Civil Service Commission, the Merit Systems Protection Board, the California Labor Commission and various licensing agencies and he has prosecuted and defended several appeals in the California Fourth District Court of Appeals and the U.S. Ninth Circuit Court of Appeals. Mr. Graves has also filed Amicus briefs with the California and the U.S. Supreme Court.

Mr. Graves is admitted to practice in all of the courts in California, the Federal Circuit Court, the U.S. Ninth Circuit Court of Appeals and the U.S. Supreme Court and is or has been a member of the American Bar Association, California Bar Association, the Consumer Attorneys of San Diego, the San Diego County Bar Association, the San Diego Volunteer Lawyer Program and the National Employment Lawyers Association. He has served on the Board of Directors of the Casey Foundation, Campus Life and Escondido Charter High School.

Mr. Graves is also a regular speaker on Employment issues for the California Bar, the American Bar Association and other various legal and business associations.

Attorney Attorney Gary M. Laturno

Of Counsel, Laturno & Graves; AV Rating, Martindale-Hubbell; Bar Register of Pre-Eminent Lawyers Arbitrator, American Arbitration Association, National Roster of Neutrals; Mediator, San Diego Superior Court Mediation Panel (see www.GaryLaturnoMediations.com  for Mr. Laturno’s attorney, mediator and arbitrator profiles) Real Estate Broker, President, Laturno Kuick Realty; Real Estate Investor and Property Manager; Teaches Prep Course for California State Real Estate Salesperson and Broker’s Exam in San Diego at SDAR and in Orange County at the Pacific West Association of Realtors; Taught Real Estate Contracts Class at SDAR. (www.LaturnoKuickRealty.com)

Honors Graduate, Loyola School of Law, New Orleans; Editor, Loyola Law Review. Frequent lecturer at Continuing Education of the Bar Seminars before attorneys throughout California; written and published numerous articles (see laturnograves.com); testified before the legislature in Sacramento: quoted by the print media and interviewed by both local and national television reporters

25 years FBI experience; Principal Legal Advisor for the FBI in San Diego; Chief of Civil Litigation at FBI HQ in Washington, D.C.; Press/Media Spokesperson for the FBI in San Diego; FBI’s Counsel before the Equal Employment Opportunity and Civil Service Commissions in Washington, D.C., New York City and Los Angeles; legal instructor, FBI National Academy, Quantico, VA.

In practice for approximately 25 years, Mr. Laturno has represented business and real estate clients, government agencies, corporations, employers, individuals, executives, rank and file employees, and he has resolved thousands of disputes on their behalves.

Mr. Laturno has also mediated hundreds of cases including multi-party disputes in the areas of real estate, realtor malpractice, landlord tenant, commercial property, residential property, constructions defect, employment, discrimination, business, contract, personal injury, auto accident, wage and hour, intellectual property and anti-trust.

Attorney Samuel D. Osowski

Samuel D. Osowski is a sole practitioner and is presently Of Counsel to the Law Firm of Laturno & Graves. Mr. Osowski received his undergraduate degree from the University of Missouri, a Masters degree in Business Administration from the University of Maryland and a law degree from California Western School of Law, where he graduated with honors (Cum Laude) in 1982.

Mr. Osowski's notable legal career includes skill in the areas of trust and estate planning and asset protection strategies. He additionally specializes in business and transactional law for a broad spectrum of clients, with substantial experience in the areas of partnership, corporate, limited liability company formation, business sales and acquisitions, contracts, leases, trademark and copyright.

Mr. Osowski practices preventive law, with the goal of avoiding later disputes through advance planning and thorough preparation.

Mr. Osowski is admitted to practice in all of the courts of California, and the United States District Court for the Southern District of California. He is a member of the California Bar Association and the San Diego County Bar Association and a participating attorney in the AARP Legal Services Network.

Mr. Osowski and his wife Marilyn have resided in San Diego for twenty-nine years.

Attorney Patricia A. Roder

Patricia Roder is an associate in the law firm of Laturno & Graves and works in the firm's Litigation Department. Ms. Roder has worked in the firm's Litigation Department for six years handling employment-related matters on behalf of both employees and employers. She had successfully represented clients before the County of San Diego Disability Retirement Board, Civil Service Commission, California Labor Board, Employment Development Department and Merit Systems Protection Board.

Ms. Roder graduated from the University of Maryland, College Park, in 1984, receiving a Bachelor of Science degree in Business Administration. Ms. Roder attended California Western School of Law, graduating in 1990.

Ms. Roder is admitted to practice in all of the courts in the State of California and the United States District Court for the Southern District of California. She is a member of the California State Bar, the San Diego County Bar Association, California Employment Lawyers Association and participates in the Volunteers in Parole program.

Attorney Annie Sahhar

Annie Tomasik-Sahhar is a litigation associate in the law firm of Laturno & Graves. She handles all aspects of discovery and trial preparation in contract disputes, construction defect, corporate dissolution and employment law in administrative, state and federal forums.

Prior to joining Laturno & Graves, Ms. Sahhar practiced for several years as a criminal prosecutor for the City of San Diego. Besides extensive jury trial work, Ms. Sahhar supervised and taught beginning prosecutors and oversaw the handling of thousands of criminal prosecutions.

In 1990, she spearheaded a campaign to have scientific evidence of the Horizontal Gaze Nystagmus eye test admitted in drunk-driving prosecutions. Although the technique had been used by law enforcement statewide for over thirty years, no attorney had ever been successful in obtaining its admission in court against persons suspected of driving under the influence of alcohol. After successfully conducting an extensive evidentiary hearing involving internationally known experts and law enforcement witnesses, Ms. Sahhar was victorious in gaining admission of the evidence and obtained a guilty verdict, which was appealed. Ms. Sahhar drafted an in-depth brief and argued successfully before the 4th District Court of Appeals, resulting in a published opinion binding on all courts in the State of California and providing precedential influence nationwide. Ms. Sahhar was honored by Mothers Against Drunk Driving, the San Diego City Council and the Mayor of San Diego for her efforts.

A 1985 graduate of Beloit College, in Beloit, Wisconsin, Ms. Sahhar received a Bachelor of Arts degree in Comparative Literature. Ms. Sahhar graduated from the University of San Diego School of Law in 1989.

Ms. Sahhar has been admitted to practice in all courts in the State of California and the United States District Court for the Southern District of California since 1989 and is an active member of the California State Bar.