San Francisco Labor and Employment Law Attorney
Ms. DeVito has a civil law practice, located in downtown San Francisco, specializing in labor and employment matters, representing both employers and employees. Ms. DeVito also teaches Legal Research, Writing and Analysis at the University of San Francisco School of Law and serves as a judge pro tem in Contra Costa County Superior Court. Ms. DeVito is also a member of the San Francisco Trial Lawyers Association and Consumer Attorneys of California.
The firm has the skills and experience required to meet clients' needs. The firm focuses on employment/labor issues, general business consultation, and intellectual property. Ms. DeVito represents clients ranging from individuals to large businesses. Ms. DeVito has successfully litigated civil lawsuits on behalf of individuals and companies, and has victoriously defended lawsuits brought by Fortune 500 companies.
Ms. DeVito has successfully represented both employees and employers in a wide range of employment matters, including wrongful termination claims, wage and hour claims, unemployment claims, and harassment and discrimination claims based on race, sex, sexual orientation, gender, religion, national origin and disability.
Ms. DeVito offers a wide range of services to employers, including drafting employee manuals/policies/procedures, ensuring compliance with wage and hour laws, reviewing employee classifications for overtime exemption, and conducting sexual harassment and discrimination training sessions for management as well as line-level employees.
Ms. DeVito also reviews, negotiates and prepares severance agreements, as well as a wide range of other employment contracts, varying from physicians joining medical groups to actors contracting to do scripted television series. Ms. DeVito's celebrity clients include Cynthia Garrett who is currently seen by millions of viewers on the 'TV Guide Channel'.
In California, an at-will employee is one whose employment has no specified term and may be terminated at the will of either party on notice to the other. An at-will employment relationship is presumed if there is no oral or written agreement specifying the length of employment or the grounds for termination.
How do I know if I am entitled to overtime pay?
Under California law, all nonexempt employees who work more than eight hours in one workday and/or in excess of 40 hours in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.
However, certain employees are exempt from receiving overtime compensation, including but not limited to, outside salespersons and those who fall under the administrative, executive or professional exemption.
If you believe that you have been misclassified as an exempt employee and should be receiving overtime compensation, please feel free to contact us.
In California, employers must provide employees meal periods of not less than 30 minutes for a work period of more than 5 hours per day and permit employees to take a 10 minute rest period for every four hours worked in a day.
If an employer fails to do so, the Labor Code provides that the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided.
If you have not received your meal and/or break periods, please feel free to contact us.
You cannot sue a supervisor or employer for harassment simply because there is a personality conflict or because your supervisor yells at you and criticizes your work performance. His conduct must target you because you fall into a protected category.
The California Fair Employment and Housing Act ("FEHA") expressly prohibits harassment of employees, applicants, or persons providing services pursuant to a contract only if you fall into one of the following categories:
Race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex (harassment based on sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions), sexual orientation, or age over 40 years.
If you feel you are being harassed because you fall into one of these categories, please feel free to contact us.
Additional Questions or need further information?
