We interviewed Martin Gasparian from Maison Law, a law firm that helps Californians with personal injury and employment law matters. A Georgetown University Law Center graduate, Mr. Gasparian founded Maison Law in 2014. 

Why did you become interested in employment law? And what motivates you to get the best outcomes for your clients? 

Our practice is built on the satisfaction of our clients, and that’s really what motivates us to get the best possible result we can. Standing up for their rights and making sure that they feel seen and heard is one of the most important aspects of employment law. We take a great deal of pride in our ability to not only provide legal support for our clients, but to give them the support and validation they need to stand up to their employer.

What sets your firm apart from other employment law firms? 

Our client-specific approach.  We value every single one of our clients, and make sure that they have the individual attention their case deserves. By taking this approach, we’re able to make sure that clients have a clear understanding of their options and what to expect. Our approach stems from our desire to help people when they need it the most.

What are some of the biggest issues in employment law today? 

There are so many different employment law issues today, especially in California. Things like harassment and discrimination are always present, but we frequently see issues relating to clients’ wages and hours as well. This is especially true for California’s migrant farm workers and service-industry employees.

How do you help your clients understand the complex employment laws in California? 

By using our client-specific approach, we help our clients understand how California’s complex employment laws apply to their specific situation. While employment law can be very complex, they ultimately provide pretty comprehensive protections for workers just by being an employee.  At the same time, we make sure that they understand what their requirements are to take action, namely that they speak up when they’re experiencing unfair treatment—engaging in protected activity. After that, it’s on the employer to do the right thing and fix the problem, which doesn’t always happen.

What are the main areas of employment laws? And what are some of the most common violations of those laws that you see in your practice? 

The main areas of employment law in California involve harassment, discrimination, retaliation, and violations of wage and hour laws. We frequently see cases of sexual harassment, along with discrimination based on race, age, national origin, and disabilities. To go along with those violations, we also see a number of retaliation cases where employers punish our clients for voicing perfectly reasonable and legitimate complaints of illegal activities or unsafe work environments. Usually, harassment, discrimination, and retaliation go hand-in-hand.  As for wage and hour violations, we commonly see employers refusing to provide clients with overtime pay or purposefully misclassifying them to avoid paying them properly. 

What types of workplace harassment are employees protected against and what should an employee do if they think they are being harassed at work? 

As an employee in California, you are protected from all forms of harassment in the workplace. Usually this is based on what the law calls “protected characteristics”, which include things like your age, gender, race, color, or disability. If you believe you’re being harassed at work, the first thing you should do is report it. This puts your employer on notice that harassment is happening and puts the ball in their court to fix the problem. You can always get in touch with our firm, as well. 

What is the difference between workplace harassment and employment discrimination? 

The main difference between workplace harassment and employment discrimination is that harassment usually involves unwelcome conduct or behavior from another person, like verbal threats or physical abuse. Discrimination is unfair treatment from your employer, either through enforcing unfair policies or other practices that treat you differently. Harassment and discrimination are closely related, but both are prohibited in the workplace under the law.

How are employees’ wages and hours protected under California Laws? 

Your wages and hours are clearly protected under the law in California, which require your employer to pay you at least minimum wage (as of 2023, $15.50 an hour), overtime if you work more than 40 hours a week and classify you properly as an employee and not an independent contractor or salaried employee. Employers also have to provide you with paid meal and rest breaks, along with a number of other requirements. 

What are an employee’s rights to maternity and family leave in California? Employees in California have several laws that provide them with maternity and family leave. The most comprehensive is the California Family Rights Act (CFRA), which gives them up to 12 weeks unpaid leave in a 12-month period for eligible employees who need time off to bond with a new child, care for a seriously ill family member, or recover from their own serious health condition.

With the many layoffs we hear about in the news, can you explain how the California WARN Act protects workers? 

The California Worker Adjustment and Retraining Notification (WARN) Act is a state law that provides protection for employees who are facing mass layoffs or plant closures. The WARN Act requires employers to provide advance notice to affected employees and local government officials before implementing certain types of employment actions.

Under the California WARN Act, covered employers are required to provide written notice to affected employees and other specified parties at least 60 days before a mass layoff, relocation, or plant closure. The notice must include specific information, such as the reason for the action, the number of employees affected, and the expected date of the employment action. The purpose of the California WARN Act is to give employees and their families time to prepare for the impact of a mass layoff or plant closure, and to allow local government officials to coordinate resources and services to help affected workers.

What are your rights if you are terminated from your job in California? 

If you’ve been terminated from your job, you have several rights. First and foremost, your employer is required by law to give you your final paycheck, including unused vacation and sick time at the time of your termination.  

What happens if an employee believes they have been wrongfully terminated?

If you believe your termination is unlawful, such as in retaliation for your reporting illegal activity or issues of harassment, you can contact us so we can review the details to see if you have a wrongful termination claim.  It’s important to keep as much evidence as possible, so make sure to keep copies of any emails, written performance reviews, or messages you have. 

What if someone has more questions? 

People can visit our California Employment Law page to read through issues which could affect them, or they can simply visit us online at https://maisonlaw.com/.