Jamestown Employment Lawyers

Timothy Tomas Trujillo
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Timothy Tomas Trujillo
Sonora, CA Employment Law Attorney with 26 years of experience
(209) 533-1883 32 N Washington St
Sonora, CA 95370
Employment, Business, Estate Planning and Probate
USC Law School
James Clifford Anderson
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James Clifford Anderson
Turlock, CA Employment Law Attorney
(209) 667-2300 300 N. Palm St.
Turlock, CA 95381
Employment, Estate Planning, Landlord Tenant and Personal Injury
University of the Pacific, McGeorge School of Law
James practices in the areas of employment law for management, personal injury, estate planning, and real estate. James graduated from Arizona State University, in Tempe, Arizona, where he earned a Bachelor of Arts degree in Psychology. He went on to earn his J.D. from the University of the Pacific, McGeorge School of Law, Sacramento, where he graduated fifth in his class, With Great Distinction, and Order of the Coif. While at McGeorge, James completed a judicial externship with the Honorable Justice George Nicholson, at the California Court of Appeal, Third Appellate District, in Sacramento. ...
Darryl E Young
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Darryl E Young
Merced, CA Employment Law Attorney with 15 years of experience
(209) 354-3500 806 W. 19th Street
Merced, CA 95340
Employment, Criminal Defense and Personal Injury
Golden Gate University School of Law
Darryl E. Young is dedicated to helping the accused and relishes the challenge of fighting for the underdog and winning difficult cases while getting excellent results for his clients.

Mr. Young was born and raised in California’s Bay Area. After attending UCLA, he returned home to the Bay Area for Law School, with a focus on criminal law. Before graduating, he was certified as a Law Clerk with the San Francisco Public Defender’s and Alameda County Public Defenders offices. Upon graduation, he worked as a deputy public defender in Merced county. His aggressive manner in the courtroom resulted in many winning...
Mark Thiel
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Mark Thiel
Stockton, CA Employment Law Lawyer with 27 years of experience
(209) 951-9600 3439 Brookside Rd #205
Stockton, CA 95219
Free ConsultationEmployment and Personal Injury
Humphrey's Coll School of Law and Humphreys College
For over 20 years, Mr. Thiel has served clients in California's Central Valley in matters involving personal injury, wrongful termination & employment disputes, estate planning, probate, tax issues, and criminal law. Drawing on his knowledge and experience, he seeks to help you make informed decisions that work toward your best possible outcome. He is always upfront with you about your options and chances for success.

The depth of his experience includes recovering millions of dollars in settlements and court awards for injured victims, recovered real property wrongfully taken from unsuspecting parties, and redressed wrongs committed by employers against their employees....
Gerald Emmett Brunn
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Gerald Emmett Brunn
Modesto, CA Employment Law Attorney with 41 years of experience
(209) 521-2133 928 12th Street, Suite 200
Modesto, CA 95354
Employment, Arbitration & Mediation, Business and Construction
U of San Francisco School of Law
San Francisco native Gerald E. Brunn holds Martindale-Hubbell‘s AV-Preeminent rating, confirming that he has reached “the height of professional excellence…and the highest levels of skill and integrity.” He represents clients in trials and litigation; personal injury and wrongful death cases; employment law; and business and corporate law matters. Mr. Brunn has served as a Special Master for the State Bar of California and is an adjunct professor at Chapman University and Modesto Junior College. He teaches Business Law, Employment and Labor Law, Constitutional Law, Legal History, and Political Science. Mr. Brunn received mediation training from the Straus Institute for...
George Steven Arata
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George Steven Arata
Modesto, CA Employment Law Lawyer with 47 years of experience
(209) 522-2211 912 11th St #100
Modesto, CA 95354
Employment, Criminal Defense, Personal Injury and Products Liability
Western State Univ
James Severson
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James Severson
Stockton, CA Employment Law Lawyer with 49 years of experience
(415) 602-0305 4135 Pinehurst Cir
Stockton, CA 95219
Free ConsultationEmployment, Business and Energy
University of California Berkeley School of Law (Boalt Hall)
Adam John Stewart
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Adam John Stewart
Modesto, CA Employment Law Lawyer with 31 years of experience
(209) 526-0522 1420 F St
Fl 2
Modesto, CA 95354
Employment and Workers' Comp
Whittier Coll School of Law
David Pourati
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David Pourati
Modesto, CA Employment Law Attorney with 16 years of experience
(209) 390-8090 931 10th Street
Modesto, CA 95354
Employment and Personal Injury
Kelsea Carbajal
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Kelsea Carbajal
Stockton, CA Employment Law Attorney
(209) 478-2000 7540 Shoreline Blvd
Stockton, CA 95219
Employment, Business, Estate Planning and Real Estate
Nicholas John Scardigli
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Nicholas John Scardigli
Stockton, CA Employment Law Lawyer with 17 years of experience
(209) 477-3833 2453 Grand Canal Boulevard
Stockton, CA 95207
Employment
Emory Univ School of Law
Samira Amato
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Samira Amato
San Jose, CA Employment Law Lawyer with 21 years of experience
(408) 295-6740 2033 Gateway Pl Fl 5
San Jose, CA 95110
Employment, Business, Divorce and Family
Santa Clara Univ School of Law
Experienced Principal with a demonstrated history of working in the law practice industry. Skilled in trial advocacy, representing clients with business disputes, labor and employment law and family Law. Samira received her undergraduate degree with honors from University of California at Berkeley and obtained a Doctor of Law (J.D.) from Santa Clara University School of Law, with a specialization in intellectual property. Samira practices in Federal Court, State Court and the Appellate Court.
Devin Coyle
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Devin Coyle
Oakland, CA Employment Law Lawyer with 14 years of experience
(510) 929-4260 1999 Harrison Street #1800
Oakland, CA 94612
Free ConsultationEmployment and Civil Rights
UCLA School of Law
Oakland, California-based civil rights lawyer representing employees and tenants in cases involving discrimination, harassment, retaliation and wrongful termination.
John E. Hill
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John E. Hill
Oakland, CA Employment Law Attorney with 54 years of experience
(510) 588-1000 333 Hegenberger Rd
#500
Oakland, CA 94621
Free ConsultationEmployment, Personal Injury, Products Liability and Workers' Comp
University of Chicago
John Hill has been representing injured individuals in the San Francisco Bay Area for over fifty years. John is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and a Board Certified Civil Pretrial Advocate by the National Board of Civil Pretrial Practice Advocacy. John's areas of practice include Personal Injury Law; Wrongful Death; Products Liability Law; Medical Malpractice; Premises Liability; Employment Litigation; Torts; General Civil Trial Practice; and Commercial Litigation. He is a member of the Board of Directors of the San Francisco Trial Lawyers Association. Mr. Hill is also a member of ABOTA (The...
Frank Huerta Jr
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Frank Huerta Jr
Fresno, CA Employment Law Lawyer with 19 years of experience
(559) 400-7531 1255 W Shaw Avenue Suite 101
Fresno, CA 93711
Employment, Business, Estate Planning and Tax
UC Davis School of Law King Hall
"I love my work. I get to make a real difference to help people maintain their businesses and livelihoods. A file is more than just paper, it is my client's hard work and often a significant portion of their lives. I enjoy working with my clients to empower them to take control of their tax, estate planning and business issues." Frank Huerta Jr. Esq. Frank Huerta Jr. has 19 years of experience as an attorney and law clerk working in government and tax law issues. He has a successful record of representing taxpayers before the IRS, Franchise Tax Board, Board Of...
Norman John Homen
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Norman John Homen
San Jose, CA Employment Law Attorney with 35 years of experience
(408) 628-1759 111 N Market St., Suite 398
San Jose, CA 95113
Employment, Personal Injury, Social Security Disability and Workers' Comp
Western State University College of Law
I have served in the State of California since 1988, handling Social Security Disability, Workers’ Compensation Law, Criminal Law, and Personal Injury matters. At the Law Offices of Norman J. Homen, our goal is to provide injured clients with the best results in a timely and cost-effective manner. For over 30 years, our outstanding litigation team has remained dedicated to the rights and welfare of the injured and disabled throughout Southern California. The cornerstone of my success is the quality of relationships that I maintain with clients. Clients are treated with integrity and respect for their needs, goals, and objectives. We...
Matthew Ronald Eason
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Matthew Ronald Eason
Sacramento, CA Employment Law Attorney with 31 years of experience
(800) 391-8219 1234 H St
Suite 200
Sacramento, CA 95814
Free ConsultationEmployment, Personal Injury and Workers' Comp
McGeorge School of Law Univ of the Pacific
FREE Initial Consultation! Informed by over 100 years of experience in California, our Personal Injury, Workers Compensation and Overtime Law attorneys understand that when taking on a case or a claim, they're impacting the lives of their clients and client's families. We are committed to consistent communication with our clients and being prompt and thorough when answering the many questions that arise over the course of a case. You will leave your consultation with helpful resources and your questions answered, whether we're the right firm for you or not.

Personal Injury Law: E&T Personal Injury Lawyers are experienced in Car Accident,...
David Emilio Mastagni
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David Emilio Mastagni
Sacramento, CA Employment Law Attorney with 25 years of experience
(877) 447-4614 1912 I St
Sacramento, CA 95811
Free ConsultationEmployment, Administrative, Appeals and Civil Rights
UC Berkeley School of Law, Boalt Hall
David E. Mastagni is a partner with the law firm of Mastagni Holstedt, APC, who specializes in labor and employment law representation of public safety employees, including trial and appellate litigation in California and federal courts. In particular, he handles complex civil, class action and collective action litigation, claims arising out of the Fair Labor Standards Act (FLSA), the U.S. and California Constitutions, the California Public Records Act (CPRA), the Public Safety Officers Procedural Bill of Rights (POBR), the California Labor Code, the Meyers-Milias-Brown Act, and other statutes protecting the rights of employees.
Among his other legal activities, David is an...
Brian C. Mathias
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Brian C. Mathias
Aptos, CA Employment Law Attorney with 11 years of experience
(831) 588-1035 P.O. Box 2874
Aptos, CA 95001
Employment
Brian exclusively represents employees in a wide variety of California employment law matters, including terminations based on illegal discrimination or in violation of the California Fair Employment and Housing Act (including disability or health discrimination, failures to accommodate a disability, and pregnancy discrimination), unpaid wages (including unpaid overtime, unpaid rest and meal breaks, or cases of independent contractor misclassification), protected leave law violations (including Pregnancy Disability, California Family Rights Act, baby bonding/ maternity/ paternity leave, and FMLA violations), unlawful harassment (hostile work environment and sexual harassment) and unlawful employment retaliation claims (including whistle-blowing retaliation and workplace safety complaint retaliation)....
Brendan Begley
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Brendan Begley
Sacramento, CA Employment Law Lawyer with 25 years of experience
(916) 558-6024 400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Free ConsultationEmployment, Appeals, Business and Probate
University of California - Davis
I am an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization and I spearhead my firm’s Appeals and Writs group. I have handled appeals and writs in anti-SLAPP, civil-rights, commercial-litigation, employment, ERISA, family-law, personal-injury, probate, real estate and trust cases. I have briefed and orally argued writs and appeals before all manner of appellate courts, from the California Court of Appeal to the U.S. Supreme Court. I have also successfully settled multiple cases in appellate mediation. As judicial clerk for both state and federal appellate courts, I have reviewed and analyzed literally hundreds of...
Joseph Maloney
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Joseph Maloney
Auburn, CA Employment Law Attorney with 43 years of experience
(530) 885-7787 660 Auburn Folsom Road, Suite 202
Auburn, CA 95603
Free ConsultationEmployment and Personal Injury
McGeorge School of Law Univ of the Pacific
I am an AV-Rated attorney who represents workers in employment disputes and people who have been hurt in accidents. I represented the United States as a Department of Justice lawyer for 22 years, and I bring the experience I gained there to help real people.
Joel Waelty
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Joel Waelty
Morgan Hill , CA Employment Law Attorney with 20 years of experience
(408) 246-5500 17485 Monterey Road, Suite 204
Morgan Hill , CA 95037
Free ConsultationEmployment
UC Hastings COL
Joel Waelty is an experienced employment attorney practicing in San Jose, California, whose dedication to his clients shows in the results he obtains in the courtroom. His practice is focused on the rights of employees and insureds. He represents employees in all aspects of workplace disputes including sexual harassment, discrimination and wrongful termination. In his representation of those wrongfully denied insurance benefits, he handles claims against insurers of life, disability, health and the home. He also pursues benefits due employees under employer-sponsored benefit plans. Mr. Waelty's dedication is seen not only through his courtroom results, but also through...
Michael Thomas Lynch
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Michael Thomas Lynch
Auburn, CA Employment Law Attorney with 18 years of experience
(530) 886-4006 1223 High Street Ste B6
Auburn, CA 95603
Free ConsultationEmployment, Animal, Criminal Defense and DUI & DWI
Empire School of Law
I am Michael Thomas Lynch, Attorney at Law. For years, individuals across the region have turned to my law firm for help when they get arrested and need a criminal defense attorney or when they need civil litigation assistance. Bar Admissions: California, 2005 Education: Empire College Law School, Santa Rosa, California J.D. - 2004 Major: Litigation, Evidence, Trial. Humboldt State University, Arcata, California B.A. - 1986 Major: Zoology Professional Associations and Memberships: California State Bar, Placer...
Vincent Tong
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Vincent Tong
Oakland, CA Employment Law Attorney with 13 years of experience
(855) 866-4529 1999 Harrison Street
18th Floor
Oakland, CA 94612
Employment, Business, IP and Trademarks
Santa Clara University School of Law
Vincent Tong is an award winning, community oriented lawyer. He is the founder of TONG LAW, an employment business law firm located in beautiful downtown Oakland, California. Vincent exclusively represents employees in employment litigation and businesses in business-to-business disputes. In his business transactions practice, Vincent counsels individuals on forming and growing their social ventures. Connect with Vincent online at www.tong-law.com.
Bryan Jeffrey Schwartz
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Bryan Jeffrey Schwartz
Oakland, CA Employment Law Attorney with 24 years of experience
(888) 891-8489 1330 Broadway, Suite 1630
Oakland, CA 94612
Free ConsultationEmployment, Appeals and Civil Rights
University of California, Berkeley School of Law
Bryan Schwartz is an Oakland, California-based attorney dedicated to helping employees protect their rights in the workplace. He has fought prohibited discrimination, retaliation, and harassment, obtained reasonable accommodations for disabled employees, vindicated whistleblowers' rights, and ensured that corporations pay workers all wages they are owed. He has successfully litigated individual and class action complaints nationwide, helping to recover millions of dollars for thousands of employees, forcing corporations and Government agencies to change their practices and punish wrongdoers. Bryan Schwartz is also one of the few Bay Area-based attorneys with extensive experience representing Federal employees in their unique Merit Systems...
Glicel E. Sumagaysay
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Glicel E. Sumagaysay
Walnut Creek, CA Employment Law Attorney with 14 years of experience
(888) 201-8282 1990 N. California Blvd.
Suite 870
Walnut Creek, CA 94596
Free ConsultationEmployment
Alliant International University
The Law Office of Glicel Sumagaysay handles employment matters as follows: *Federal employee, public entity employee, and private employee representation in the Equal Employment Opportunity Commission ("EEOC"), federal court, Department of Fair Housing and Employment (“DFEH”), and state courts; *Claims include wrongful termination; retaliation; discrimination on the basis of disability, race, gender, and other protected statuses; *wage and hour matters with the Department of Labor Standards and Enforcement (“DLSE”) and courts; *small business employer compliance with California and federal law.
Scott Edward Cole
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Scott Edward Cole
Oakland, CA Employment Law Attorney with 31 years of experience
(510) 891-9800 555 12th Street
Suite 2100
Oakland, CA 94607
Free ConsultationEmployment, Civil Rights and Consumer
University of San Francisco School of Law
Scott Cole is the founder and principal attorney at Cole & Van Note, one of California's best-known and most highly-respected employment and consumer rights class action law firms. He is a graduate of the University of San Francisco School of Law (1992), and San Francisco State University (B.A., Speech Communications; 1989). He is a member of the California State Bar and the State Bar’s Labor and Employment Law Section, is admitted to practice before all California federal courts (including the 6th and 9th Circuit Court of Appeals), has prosecuted cases in numerous states including New York, New Jersey, Pennsylvania, Florida,...
Lori Costanzo
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Lori Costanzo
San Jose, CA Employment Law Attorney
(408) 993-8493 111 W. St. John, Street #700
San Jose, CA 95113
Employment, Business and Personal Injury
University of the Pacific, McGeorge School of Law
Since 1989, Lori has been practicing civil litigation throughout Northern California. She is experienced in civil litigation, professional malpractice, employment discrimination, labor and employment, personal injury, wrongful termination, and general business and contract disputes. Lori is licensed to practice law in both state and federal courts in California. With more than 25 years of experience, Lori Costanzo has engaged in a broad range of complex civil actions; she has handled jury and bench trials in both state and federal courts, and has served as a fierce advocate for her clients in mediation and arbitration. Her experience extends to the judicial level...
Dean Bailis Gordon
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Dean Bailis Gordon
Fresno, CA Employment Law Attorney with 49 years of experience
(559) 221-7777 7161 North Howard Street
Suite 208
Fresno, CA 93720
Free ConsultationEmployment and Personal Injury
University of California, Davis, School of Law
Forty-Seven Years experience representing employees, consumers, and accident victims. Several verdicts and settlements of more than $1 million. Northern California Super Lawyer-Employment litigation for Employees. Lead appellate attorney in Horsford v. Board of Trustees (2005) 132 Cal.App.4th 359, which has been cited more than 300 times by appellate courts. Member of California Employment Lawyers Association, National Employment Lawyers Association, and Consumer Attorneys of California.
Stephen M. Fuerch
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Stephen M. Fuerch
Pleasanton, CA Employment Law Attorney with 49 years of experience
(925) 463-2575 7901 Stoneridge Dr
#506
Pleasanton, CA 94588
Free ConsultationEmployment, Arbitration & Mediation, Business and Medical Malpractice
University of the Pacific, McGeorge School of Law
I am an accomplished Business, Employment, Personal Injury, Medical Malpractice, Arbitration & Mediation attorney. I represent plaintiffs and defendants throughout the East Bay, in a vast array of civil litigation matters.

With 40 years of experience I have an excellent track record both in mediation and in the courtroom. I am dedicated to obtaining the best possible outcomes for your legal disputes. Contact me today for a free consultation.

Laura Herron Weber
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Laura Herron Weber
Oakland, CA Employment Law Lawyer with 21 years of experience
(510) 452-5000 1939 Harrison St
#307
Oakland, CA 94612
Employment
UC Hastings COL
I represent employees in their disputes with their employers, and victims of personal injury. I take the time to get to know the unique story of each client, and understand how termination, injury, or other unlawful conduct has affected their life. I represent women who have been terminated because of pregnancy or because they have taken time off to care for their children. I represent older workers who have been terminated after many years of loyal service. I also help clients who have been injured in motor vehicle accidents or other incidents of negligence.
Daniel Xuli
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Daniel Xuli
Walnut Creek, CA Employment Law Lawyer with 6 years of experience
(925) 932-2468 1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597-7965
Employment
University of California College of the Law, San Francisco
As an San Francisco Bay Area labor and employment attorney at Littler Mendelson, I represent employers in all phases and types of employment litigation (e.g., wage and hour class actions, harassment, discrimination, retaliation, misclassification, wrongful termination, etc.), provide advice and counsel to employers regarding their employment practices and policies, and create and present customized workplace trainings and presentations unique to employers' goals and company culture. My professional experiences outside of the realm of law are rooted in business, management, and accounting.
Arkady Itkin
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Arkady Itkin
Sacramento , CA Employment Law Attorney with 17 years of experience
(916) 720-0100 980 9th Street
Suite 1625
Sacramento , CA 95814
Free ConsultationEmployment, Medical Malpractice, Personal Injury and Products Liability
University of the Pacific
Since 2007 our office has been dedicated to representing San Francisco and Sacramento area employees and victims of serious injuries in a wide range of employment, wrongful termination and injury cases. Individual approach to each client and each injury or employment case is what distinguishes us from other attorneys, as we recognize that each case is as different as each person who has been either injured or aggrieved by their employer.
Amanda Brooke Whitten
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Amanda Brooke Whitten
Sacramento, CA Employment Law Lawyer with 16 years of experience
(916) 316-6048 770 'L' Street #950
Sacramento, CA 95814
Free ConsultationEmployment
University of California - Davis
Amanda Whitten specializes in suing large corporations for sexual harassment, discrimination, retaliation and wrongful termination. She is a native of the Central Valley, has a passion for Bulldog football at Fresno State, running marathons, and social justice. Ms. Whitten's law practice extends from Bakersfield to Sacramento to Oakland. She has cases filed in federal and state courts all over the Central Valley. She has significant experience with jury trials in courts throughout the state. She knows how to get your case ready for a jury trial. Just within the last few years, Ms. Whitten has recovered millions of...
Joe Rose
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Joe Rose
Fair Oaks, CA Employment Law Attorney with 20 years of experience
(916) 273-1260 4092 Bridge Street
Fair Oaks, CA 95628
Free ConsultationEmployment and Administrative
Lincoln Law School of Sacramento
I am a California attorney and law professor helping technology and digital-age service employees, executives, creatives, franchise owners, licensed professionals, fire service and EMS employees, entrepreneurs, organizations, public agencies and business owners find practical solutions to legal challenges involving employment and partnership disputes, workplace investigations, contracts, mediation, compliance, trade secrets, unfair competition, interference, severance agreements, labor and employment law, and civil litigation. I am based in the Los Angeles and Sacramento areas, practicing statewide. EDUCATION AND EXPERIENCE Attorney Joe Rose received his Juris Doctor with honors from Lincoln Law School of Sacramento, where he excelled in many academic subjects and trial...
Mr. David H. Parker
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Mr. David H. Parker
Fresno, CA Employment Law Attorney with 32 years of experience
(559) 449-2558 7112 N. Fresno St.
Suite 300
Fresno, CA 93720
Employment and Workers' Comp
McGeorge School of Law Univ of the Pacific
I am a workers' compensation, employment and employer defense attorney that specializes in assisting employers and their insurance companies navigate the "Bermuda Triangle" of California's complex workers' compensation and employment law statutory system.
Daniel Velton
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Daniel Velton
Sunnyvale, CA Employment Law Attorney with 14 years of experience
525 W. Remington Drive
Suite 106
Sunnyvale, CA 94087
Free ConsultationEmployment
Santa Clara University School of Law
Daniel Velton began his legal career with the largest labor and employment law firm in the world. Using that experience, he brings valuable knowledge and perspective to his current practice, in which he exclusively represents employees in high-stakes individual and class action employment matters, including cases of unlawful discrimination, wrongful termination, sexual harassment, illegal pay practices and whistleblower retaliation.
Janelle J. Smith
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Janelle J. Smith
Berkeley, CA Employment Law Attorney with 12 years of experience
(510) 398-0733 1808 Sixth Street
Berkeley, CA 94710
Free ConsultationEmployment and Business
University of San Francisco School of Law
I help clients with their employment, business, and start-up needs. I also represent clients involved in civil litigation. Please contact me to find out how I can help you with your legal needs.
Edward A. Kraus
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Edward A. Kraus
San Jose, CA Employment Law Attorney with 32 years of experience
(408) 573-5700 One North Market St.
Suite 200
San Jose, CA 95113
Employment, Business, Criminal Defense and Environmental
Santa Clara University School of Law and University of California - Berkeley
Ed Kraus is a shareholder with Silicon Valley Law Group. For over 20 years he has represented individuals, small and large companies in a variety of civil and criminal litigation matters. Ed has successfully handled litigation involving employment issues, real estate, construction, commercial disputes, contract issues, unfair competition and Americans with Disabilities Act claims on behalf of businesses. Ed also handles a wide variety of criminal litigation including representing individuals and corporations accused of grand theft, embezzlement, real estate fraud, insurance fraud, environmental, trade secret violations, driving under the influence, other driving related charges and other general criminal matters.

Ed believes...
Norman Blumenthal
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Norman Blumenthal
San Jose, CA Employment Law Lawyer with 48 years of experience
(408) 681-8477 5201 Great America Pkwy
San Jose, CA 95054
Free ConsultationEmployment
Loyola Univ School of Law
SALARIED WORKERS STILL GET OVERTIME In California, there are certain exemptions that allow employers to deny paying employees overtime. Whether or not an employee meets those exemptions is typically based on their job duties and responsibilities. There are many situations where employers misclassify employees as exempt from overtime based solely on their job title. For example, the employer will give the employee a fancy job title that includes the word Manager or Supervisor, when in fact, the employee is performing manual or clerical labor according to the employers strict guidelines and protocols. In other words, the employee is exercising independent...
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