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| PRACTICE AREAS |
The Shimoda Law Corp. has experience in the following areas of the law:
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| WAGE AND HOUR |
This body of law encompasses overtime, payment of proper wages, vacation pay, commissions and bonuses, meal and rest breaks, accurate pay statements, illegal deductions, misclassification of independent contractors, and much more.
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| DISABILITY AND FAILURE TO ACCOMMODATE |
This is an ever evolving area of the law. Employees who are actually disabled - meaning that they are limited in a major life activity (e.g., standing, sitting, eating, sleeping) - are entitled to reasonable accommodations in the workplace, so long as the accommodation will allow the employee to perform his/her essential functions of the job. The question of what is a "reasonable accommodation" makes this area extremely tricky. Further, employers have a duty, once put on notice of the disability, to have a good faith discussion with the employee about potential accommodations and the employees limitations. Failure to do so, in and of itself, can result in liability to the company.
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| MILITARY LEAVE LAW |
At a time when there is much strife in the world, and our government sending troops abroad, the Uniformed Services Employment Reinstatement Rights Act (USERRA) can bring a peace of mind to those who serve our country proudly. This law is extremely timely and effective in guaranteeing our troops, who leave for extended duty or even several days training, a job when they return. It also punishes employers who discriminate against employees because of their affiliation with the military. Whether you are a reservist, national guard, or a uniformed soldier, USERRA and other state laws will likely protect you when you are in the service of this country.
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| FAMILY MEDICAL LEAVE AND THE CFRA |
These laws protect employees and their jobs when they or immediate family members suffer from serious health conditions, and allows employees bonding time with their newborn or adopted children. Although employers are receiving more and more training in this area, both laws contain a myriad of regulations and interpretations that causes legal problems between employers and employees.
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| SEXUAL HARASSMENT |
| Harassment based on sex within the workplace is
taken very serious in California. Courts and the Legislature
have recognized the significance of protecting employees from sexual
harassment by authorizing lawsuits against the individual harasser
and creating strict liability against companies. The Shimoda
Law Corp. have handled a number of these cases. |
| NEGOTIATIONS |
The Shimoda Law Corp. provides services in
negotiating severance and other terms and conditions of the
employee's employment. Severance agreements are not mandated
by any law. However, companies will often offer severance in
exchange of a waiver of all claims and rights that an employee knows
of or may not know of. An employee should carefully examine
all of his/her rights before signing them away.
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| BUSINESS LITIGATION |
| The Shimoda Law Corp. provides quality
representation in assisting individuals and businesses in contract
and other business disputes. These disputes typically arise
from the failure to meet the obligations of an agreement or
frustrations with the expectations of the parties. This type
of litigation involves careful understanding of the facts and
knowledge of the law.
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| PERSONAL INJURY |
Personal injury laws include automobile accidents, dog bits, slip and falls, assaults and battery, among others. Mr. Shimoda is honest with his clients about the facts and potential recovery in each of their cases. If there is an injury caused by negligence, Mr. Shimoda will advocate for his client and will obtain a fair result.
The Shimoda Law Corp. has also handled personal injury on the job, which is not covered by workers compensation. For example, when an employer fails to obtain workers compensation for its employees and an employee becomes injured, the law allows the injured employee to file a lawsuit against his/her employer directly for those injuries. In many instances, a court can also award attorney's fees and costs. Further, intentional battery and assault in the workplace may not be covered by workers compensation.
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Learn more about Wage and Hour
Learn more about Family Medical Leave and the CFRA
If you are unsure whether you need an attorney to represent you, please contact our firm and speak with an attorney about your potential case.
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