Schonbrun Seplow Harris Hoffman & Zeldes, LLPSchonbrun Seplow Harris Hoffman & Zeldes, LLP2026-04-21T10:49:55Zhttps://www.sshhzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302542/2020/05/cropped-Fav-Icon-min-32x32.jpgOn Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[How to appeal a lost employment case in California]]>https://www.sshhzlaw.com/?p=500672026-04-17T10:50:35Z2026-04-21T10:49:55ZUnderstanding the grounds for a legal audit
In California, an appeal is a limited review of the trial record to ensure the law was applied correctly. You cannot appeal simply because you disagree with the outcome; you must identify a specific "reversible error."
For example, if you recently lost a retaliation case, you might argue the judge failed to apply the "rebuttable presumption of retaliation," a protection triggered if a negative action took place within 90 days of your protected activity.
Other grounds include incorrect jury instructions or a failure to properly apply legal protections, such as the expanded intersectionality rights written into law in 2025.
Complying with strict filing deadlines in California
In most cases, you must file a Notice of Appeal within 60 days of the date the court clerk or the opposing party serves a "Notice of Entry" of judgment, or 180 days after the entry of judgment if neither party serves notice. Legally, these deadlines are absolute; a delay of even one day could result in an automatic dismissal of your claim.
The cost of an appeal and your immediate next steps
While the law provides a pathway to correct mistakes, identifying the "true costs" is essential. This includes a $775 filing fee and potentially high costs for court reporter transcripts. To move forward, you must immediately secure your Notice of Entry and order trial transcripts to pinpoint where the law was misapplied.
Protecting your right to a corrected verdict
If you believe the court decided your employment case on the wrong side of the law, time is your greatest enemy. A trial loss is often just the first chapter.
Contact us today to schedule a comprehensive case review. We will audit your trial record for the specific reversible errors, such as misapplied labor statutes or incorrect jury instructions, needed to preserve your rights before the 60-day filing window closes.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[When does a nurse’s “working lunch” become a legal issue?]]>https://www.sshhzlaw.com/?p=500632026-03-27T11:46:30Z2026-03-31T11:45:54ZDefining a true meal break
Federal law does not require employers to provide meal breaks, but California mandates them for anyone working more than five hours. Shifts over 10 hours require a second 30-minute break.
Under California law, a meal break is only valid if you are relieved of all duties. This means your employer must let you step away from your tasks entirely for a full, uninterrupted 30-minute window.
If your employer imposes that you eat at your station to monitor patients, you are still working. This situation could also signal that your facility lacks enough staff to cover for those on break. It is not just about a missed lunch. It is about whether the hospital is meeting its duty to provide a healthy working environment.
Protecting your nursing career
A missed break might seem like a minor scheduling error, but the stakes rise if you face pushback for requesting your allotted time. Speaking up about your right to a meal period is a protected activity under California’s Labor Code. If raising these concerns leads to sudden discipline or termination, it may be a sign of illegal retaliation. These cases are legally complex. Protecting your career often requires professional counsel to bridge the gap between a clinical grievance and a legal violation.
Advocating for a healthy workplace
A well-rested nurse is a safe nurse. Hospitals have a professional obligation to create an environment where staff can actually take the breaks they are owed. Understanding these standards is about ensuring that those who care for our community have the time they need to recharge. Documenting the reality of your workday is a practical first step in protecting your professional future and keeping your workplace safe for everyone.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[What rights do pregnant employees have under California law?]]>https://www.sshhzlaw.com/?p=500562026-02-12T09:06:44Z2026-02-16T09:06:02ZPregnancy can change how you feel at work, but California law sets clear rules about how employers must treat you. These laws focus on fairness, health, and job protection. Understanding your rights helps you make informed decisions during this time.
Protection from discrimination
California law prohibits employers from treating you unfairly because of pregnancy, childbirth, or related medical conditions. An employer cannot fire you, deny a promotion, or reduce your hours due to pregnancy. The law also bars negative treatment based on assumptions about your abilities or availability.
Reasonable accommodations at work
If pregnancy affects how you perform certain tasks, you can request reasonable accommodations. These may include more frequent breaks, modified duties, or access to seating or water. Employers must engage in a timely discussion with you and provide accommodations that do not create undue hardship.
Pregnancy disability leave rights
You may qualify for pregnancy disability leave if a healthcare provider advises time off due to pregnancy-related conditions. This leave can last up to four months. While this leave may be unpaid, your employer must maintain your health benefits during this period.
Job protection and return to work
After pregnancy disability leave, you generally have the right to return to the same position. If that role no longer exists, the employer must offer a comparable one. Employers cannot require you to take leave if you can still perform your job with reasonable accommodations.
Interaction with other California leave laws
Pregnancy disability leave can work alongside other state leave programs. You may also qualify for paid family leave to bond with a new child. Understanding how these laws work together helps you plan time away from work without risking your job.
Understanding your workplace rights
Pregnancy should not limit your opportunities at work. California law provides clear protections so you can focus on your health and your growing family. Knowing these rules helps you recognize when an employer crosses the line.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[What evidence do you need in a class action alleging price-fixing?]]>https://www.sshhzlaw.com/?p=500542026-01-29T10:52:37Z2026-02-02T10:51:21ZIf you believe companies worked together to raise prices, you may wonder what proof matters in a California price-fixing class action. These cases focus on records, pricing patterns, and business conduct that point to coordination instead of fair competition. Knowing what evidence applies can help you spot when pricing behavior may break the law.
Understanding price-fixing claims
Price-fixing happens when competing businesses agree to set prices rather than letting the market decide. California law treats this conduct as unlawful because it reduces choice and increases costs for consumers. A class action allows many affected consumers to raise the same issue together, but the claim must show coordination, not just similar pricing.
Documents that show coordination
Written communications often provide strong support in price-fixing cases. Emails, text messages, meeting notes, and internal documents may show discussions about prices with competitors. Even casual messages can matter when they suggest a shared plan or understanding about pricing.
Market behavior and economic data
Pricing records and market data help explain how coordination affected consumers. Sudden or matching price increases across competitors, especially after meetings or shared discussions, can support these claims. Evidence showing that only a few companies control the market may also suggest that coordination was easier to carry out.
Consumer impact and class-wide proof
A class action must show that consumers suffered similar harm. Receipts, billing statements, and transaction records help show overcharges across the group. Surveys and statistical analysis can further support that consumers experienced the same type of financial loss.When pricing practices raise concerns, understanding how the law reviews evidence can help clarify your situation. If businesses refuse to address questionable pricing, added guidance may help resolve unfair market practices. Search for more information on this site to learn how California law handles price-fixing claims and consumer protections.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Understanding workplace retaliation and your rights in California]]>https://www.sshhzlaw.com/?p=500532026-01-22T09:04:05Z2026-01-26T09:03:27ZAs an employee in California, it’s illegal for your employer to retaliate against you for asserting your workplace rights or taking part in a legally protected activity. This includes reporting discrimination, raising safety concerns, requesting legally mandated breaks or asking for reasonable workplace accommodations.Retaliation is not always obvious, but the consequences can be serious. It can affect your career growth, financial stability and even your mental well-being. Knowing what retaliation looks like and responding effectively is key to protecting your interests.
What counts as retaliation?
As mentioned, workplace retaliation can be subtle or overt. Think of it as negative treatment from your employer in response to you exercising your legal rights. Common examples include:
Termination
Demotion
Reduced hours, pay cuts or unfavorable schedule changes
Unwarranted disciplinary actions
Sudden negative performance reviews following a complaint
Reassignment to less desirable duties or isolation from team activities
Timing and patterns also matter. When such adverse actions occur soon after you assert your workplace rights or speak up, it can strongly point to retaliation.
What can you do about it?
Keep detailed records of incidents, communications and any negative changes in your job that you suspect are retaliatory. Detailed documentation is essential in building a strong case. Remember, you have the right to take legal action against your employer and even recover damages. This may involve filing a complaint with the California Civil Rights Department (CRD), the Labor Commissioner's Office or the Equal Employment Opportunity Commission (EEOC). In some cases, you may have the option of taking the matter to court. Seeking qualified legal guidance as a victim of workplace retaliation can help you understand your options and take informed action to increase the chances of a favorable resolution.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Understanding California’s overtime laws]]>https://www.sshhzlaw.com/?p=500452026-01-07T10:11:53Z2026-01-09T10:11:07ZCalifornia is known for having strong worker protection laws. Workers may be entitled to overtime pay for staying later at their job, giving them a higher paycheck at the end of the week -- but not every employer plays by the rules or can be trusted to pay their employees fairly.
Employees should be aware of their right to overtime pay and learn how to watch their paychecks for errors (intentional or not). Here is what you should know:
How much overtime can you earn in California?
Federal overtime laws under the Fair Labor Standards Act (FSA) require overtime pay of one and one-half times an employee’s salary for working more than 40 hours in a workweek. Under California overtime laws, an employee is generally entitled to one and one-half their typical pay rate for working more than 8 hours in a single work day or for the first eight hours on the seventh consecutive work day.Some employees consistently work overtime to complete major projects. As a result, an employee who has worked more than 12 hours in a workday can earn double their typical pay rate. Furthermore, an employee can earn double their pay rate for working more than 8 hours on the seventh consecutive day in a workweek. It is important to note that while an employee may have worked extra, they may not be entitled to overtime pay depending upon certain factors. Contracted employees (independent contractors) or employees with certain executive, administrative or professional duties are typically exempt from overtime pay.
What if overtime pay is missing from your paycheck?
If a non-exempt employee earned overtime pay and does not see any changes to their wages, then they should address the issue with their employer first. If it were an honest mistake, the employer should have no issue correcting the error. If an employer is unwilling to make things right, however, it may be time to seek assistance. Professional legal guidance can help address wage theft issues. Reach out to the team at Schonbrun Seplow Harris Hoffman & Zeldes, LLP, if you find yourself in this situation.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[The law protects immigrants victimized by human trafficking]]>https://www.sshhzlaw.com/?p=500332025-12-23T10:01:53Z2025-12-25T10:01:17ZThere are specialty visas available
Victims of human trafficking may be able to cooperate with law enforcement. They can identify the people who trafficked them and assist with the state's prosecution of those individuals. When foreign nationals help the government hold human traffickers accountable, they can potentially qualify for U visas. U visas are only available for victims of crime who participate in the prosecution of the perpetrators of those crimes.
Victims of international human trafficking or domestic human trafficking after entering the country may be able to remain in the United States and rebuild their lives here if they secure U visas. They can also potentially have grounds to seek compensation from those involved in trafficking schemes.
Consulting with an attorney familiar with international human rights laws can help people escape dangerous situations, protect themselves and demand accountability. Reaching out to the team at Schonbrun Seplow Harris Hoffman & Zeldes, LLP can help people fight back against violations of their human rights.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[When an attorney provides ineffective assistance of counsel]]>https://www.sshhzlaw.com/?p=500292025-12-10T09:21:14Z2025-12-13T09:20:47ZThe right to representation is critical
Legal statutes are difficult for a criminal defendant to understand. Reviewing rulings from prior criminal cases can be even more challenging. Defendants rely on their attorneys to advise them of their rights and interpret the law.
When lawyers provide inappropriate advice, miss important meetings or fail to advocate for their clients during court proceedings, they may not have provided adequate counsel. In such cases, the defendant who was convicted may have grounds for an appeal based on insufficient legal representation.
If another attorney can readily identify mistakes or failings on the part of a defense attorney, then the defendant may have grounds for an appeal. Reviewing prior criminal proceedings can be important for those hoping to pursue appeals.
A successful appeal can correct a miscarriage of justice caused by an incompetent or unprofessional lawyer. Discussing a prior trial with the team at Schonbrun Seplow Harris Hoffman & Zeldes, LLP could help defendants assert their appeal rights and pursue justice after receiving inadequate legal support during a trial.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[When legal malpractice leads to an unfair trial]]>https://www.sshhzlaw.com/?p=500222025-11-26T14:02:21Z2025-11-28T14:01:38ZWhat constitutes legal malpractice?
Every lawyer must meet specific educational standards. They also need to pass the state bar exam and adhere to professional standards. Legal malpractice entails failing to adhere to best practices as established for similar licensed professionals.
If a client can show that an attorney breached their fiduciary duty, that could potentially constitute legal malpractice. An attorney generally has an obligation to put their clients’ best interests ahead of their own wishes.
Incompetence can also constitute legal malpractice. If a professional failed to properly research a legal matter or demonstrated a lack of understanding of state statutes or key judicial precedence, then the convicted defendant may have grounds for an appeal on the basis of legal malpractice.
If another attorney can identify professional failures by the defense lawyer involved in the trial, then the defendant may potentially be able to pursue an appeal on the basis of legal malpractice or insufficient legal representation.
Reviewing an original trial with an attorney familiar with appellate procedures can be beneficial for defendants who still hope to pursue justice after a conviction. Those who can show that their circumstances warrant an appeal may be able to overturn an unfair outcome that was the result of a lawyer’s incompetence or ethical failures.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[What is the purpose of a qui tam lawsuit?]]>https://www.sshhzlaw.com/?p=500022025-11-25T12:18:46Z2025-11-27T12:18:23ZThere are many scenarios in which employees might take legal action against their employers. Workers file wage and hour lawsuits when they don't receive the pay they deserve. They may file discrimination lawsuits when they endure unfair treatment or experience harassment that their employer does not address.
Sometimes, workers choose to file qui tam lawsuits. A qui tam lawsuit is a form of whistleblowing. Those who have uncovered concerning information at work may have grounds for a qui tam lawsuit.
Workers can sue on behalf of the government
What makes a qui tam action different from other forms of employment litigation is that the worker does not assert that the company did something inappropriate to them or their coworkers. Instead, the goal is to seek justice for fraud involving the government. Qui tam lawsuits usually begin when workers discover fraudulent billing practices. Qui tam lawsuits might involve railroad employees or those working at medical businesses that accept Medicare or Medicaid. When there is reason to suspect that the business engaged in fraudulent billing, an employee can act as a relator and file a lawsuit on behalf of the federal government. In some cases, the government may participate in the litigation. Other times, the worker pursues the lawsuit independently with the help of their attorney. If the lawsuit is successful, the whistleblower who files the qui tam lawsuit can receive a portion of the fraudulent billing proceeds recovered by the government. Employees intending to act as whistleblowers may need help learning about their rights and making use of them. Those who have proof of financial fraud may choose to pursue a qui tam lawsuit to hold their employer accountable.
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