Additional Legal Resources We Recommend
Because we are always asked by prospective and actual clients, colleagues and others for links to additional legal resources, we have compiled an initial list that we will continue to supplement. We hope it is helpful to you.
CALIFORNIA BUSINESS ENTITY INFORMATION
California’s Secretary of State website provides available information on corporations, limited liability companies and limited partnerships of record with the California Secretary of State, including, unlimited free uncertified PDF copies of the most recent Statements of Information filed for corporations and limited liability companies if the statements have been imaged.
This link provides free online access to certain corporation, limited liability corporation liability company and limited partnership information including, the entity formation, registration, or conversion date, status, address and name and address of the agent for service of process.
This link provides free on-line access to information contained in Corporate Disclosure Statements filed by publicly traded corporations.
For more information on company information and obtaining records.
California’s court system is the largest in the nation. The vast majority of cases begin in one of the 58 superior or trial courts which reside in each of the state’s 58 counties. The next level of judicial authority resides with the California Courts of Appeal typically when it involves the review of superior court decision contested by a party to a case. There are six appellate districts. The California Supreme Court serves as the highest court in the state and has discretion to review decisions of the Court of Appeal in order to settle important questions of law and to resolve conflicts among the Courts of Appeal.
Los Angeles Superior Court covers a vast region including, Antelope Valley, downtown Los Angeles, San Fernando Valley, San Gabriel Valley, South Bay, Southeast LA, Westside, Eastside, and the Vertugos. 14 Courthouses handle civil cases.
The website allows you to conduct online searches for a variety of information, including, case calendars, court reservation system, civil party name search, accessing/ordering copies of information on a particular court case, courtroom location, and even tentative rulings by the trial court.
The Court Date Calculator is a handy tool to verify due dates based on the Los Angeles Superior Court local rules.
The Forms page have links to the State Judicial Council Approved Forms and Local Forms for most up-to-date approved forms, such as form interrogatories or case management conference forms.
Filing Fees: The Civil Fee Schedule- Effective 7/1/16
California Federal Court, Central District of California
The vast majority of California court cases are filed in state court because the California employment laws, rules and just about everything else are more liberal and employee-friendly. However, employers, for the most part, would rather litigate in federal court for a variety of reasons, including a unanimous jury is required on jury issues. The most common way employers can move a case to federal court is by “removing” the case if the employer can meet the requirements for removal.
The Central District of California is divided into Western, Eastern and Southern Districts. Los Angeles is in the Western Division.
Central District of California Court Procedures: Federal Courts have their own local rules, forms, orders, and filing procedures. Often times, the assigned Judge issues their own procedures and standing orders that parties must also strictly comply.
Electronic Filing and Case Management: Electronic filing in the Central District of California in all civil cases, unless an exemption applies under the local rules. The Case Management/Electronic Case Filing (CM/ECF) System is the federal judiciary’s case management system for all appellate, district and bankruptcy courts. The system allows courts to accept filings and provide access to filed documents over the internet. To file documents, you need to request a CM/ECF login and password. Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information and download copies at $0.10 per page from the federal appellate, district and bankruptcy courts via the Internet. You can establish a PACER account online or contact the PACER service center at (800) 676-6856).
EMPLOYEE GROUPS & INFORMATION ON EMPLOYEE RIGHTS
CELA is a statewide membership-only organization of attorneys representing employees whose mission is to promote the interests of employees and to assist the lawyers who represent them. CELA does not represent people or give legal advice or provide lawyer referrals. The organization online discussion forum is where CELA members share information about their cases, opposing counsel, judges, mediators and participate in the community of California employee advocates.
NELA is the country’s largest professional organization that is exclusively comprised of attorneys who represent employees. Its publications and on-line library has free resources on various employment law topics.
NWC is the leading whistleblower advocacy organization protecting the right of individuals to report wrongdoing without fear of retaliation. NWC is the leading source of information on whistleblower law.
Workplace Fairness (WF)
Workplace Fairness provides online resources for free information about workplace rights.
CalJobs is California’s no-fee internet job search database.
EMPLOYER GROUPS & HUMAN RESOURCES ORGANIZATIONS
Human Resource Professional & Membership Programs – HROIC is a membership organization that is run by employment attorneys and highly experienced human resources professionals and provides two types of membership programs:
- The Employer Membership Program is for employers seeking human resources expertise, compliance, smart tools, buying power, solutions, resources, reliable answers, trusted support and better than best human resource practices.
- The Professional Membership Program is for human resources firms, consultants, coaches, trainers, solopreneurs, recruiters, expert witnesses & workplace investigators seeking growth, resources & community.
Networking organization and access to HR Compliance Center forms.
Similar to PIHRA. Ask an HR Advisor Service, webcasts, samples & forms, publications, newsletters.
This is the best place to purchase posters, notices & pamphlets and obtaining more general information.
FEDERAL AGENCIES ENFORCING FEDERAL EMPLOYMENT LAWS
The DOL is the federal enforcement agency for employment issues arising under Federal laws such as, the Fair Labor Standards Act (FLSA, wage and hour law), the Family & Medical Leave Act (FMLA, leave for serious health conditions and care for others applicable to employers with 50 or more employees), Consolidated Omnibus Budget Reconciliation Act (COBRA, continuation of health benefits for limited time and specified circumstances)and Employee Retirement Income Security Act (ERISA, sets standards for most voluntarily established pension and health plans); Occupational Safety and Health Administration (OSHA, sets and enforces standards safe and healthful working conditions for workers); and Equal Employment Opportunity (EEO, laws prohibit discrimination) laws.
Whistleblower, Retaliation and Discrimination Claims under Federal Laws
The EEOC enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Coverage/Process for Filing Charges
Federal Laws Enforced by EEOC
Title VII of the Civil Rights of 1964 (Title VII)
EEOC Outreach, Education & Technical Assistance
Court Decisions, Regulations & Federal Laws
Code of Federal Regulations
NLRB is the federal agency responsible for enforcing the National Labor Relations Act (“NLRA”), as well as conducting and certifying the results of union elections held pursuant to the provisions of the Act.
STATE AGENCIES ENFORCING CALIFORNIA EMPLOYMENT LAWS
LWDA is an Executive Agency who oversees seven major departments, boards and panels that serve California businesses and workers. These include the Agricultural Labor Relations Board, California Employment Development Department, California Public Employment Relations Board, California Unemployment Insurance Appeals Board, Department of Industrial Relations/Labor Commissioner and Employment Training Panel.
The DIR protects and improves the health, safety and economic well-being over wage earners and helps employers comply with state labor laws. DIR is housed within the LWDA. The Frequently Asked Questions include the most widely asked questions from workers and businesses in California.
Information on California’s Wage and Hour Laws
- Before the First Employee Starts Work- California Employer Identification Number, Workers’ Compensation Insurance Coverage, Licensing (DLSE-2005-B-1 (rev. 1/11)
- California Laws Governing Independent Contractors (Rev 1/11).
- Which IWC Order applies to your Company’s Classifications (Updated 3/13)
- Laws Relating to Time, Manner & Payment of Wages (Updated 10/13)
- California Law on Pay Days, Recordkeeping Requirements and Records (rev. 1/2011.
- California Laws re: Payroll Deductions and Offsets Against Wages (Rev. 1/11).
- California Law on Benefits: Vacation, Sick Pay, Workers’ Compensation, Holidays, Medical/Life Insurance, Pension/Retirement plans, Severance (DLSE-2005-B-2) (Revised 9/15)
- California Final Pay, Severance Pay & Unemployment Insurance (Rev. 1/11).
- California Laws re: Meals & Lodging (Rev. 12/2013)
- California Laws re: Call Back and Stand By Time ((Rev. 1/11).
- California DIR Wage Claim Adjudications before Department of Labor Standards and Enforcement (DLSE)
- California DIR Summary of Policies and Procedures for Wage Claims
- California DIR DLSE Policies and Interpretations Manual (2002)
- California DIR Private Attorneys General Act (PAGA)
- California DIR DLSE Opinion Letters
Information on California’s Whistleblower Retaliation & Discrimination Laws under Labor Code
- California Laws that Prohibit Retaliation and Discrimination against Employees and Job Applicants.
- California Assurances of Participation without Retaliation (Labor Code §1102.5)
- California DIR Retaliation Complaint Investigation Unit (RCI)
- California DIR Summary of Procedures for Retaliation and Discrimination Complaints
California Employment Development Department (EDD)- Disability, Unemployment Insurance, Paid Family Leave and Payroll Taxes
EDD is responsible for the state programs involving unemployment insurance, disability insurance, payroll tax collection, and job training/workforce services.
EDD Fact Sheet
Unemployment Insurance Claims
California Leaves of Absences
Paid Family Leave (PFL) provides short-term benefits to eligible workers who have a full or partial loss of wages due to a need to care for a seriously ill family member ot to bond with a new child entering the family. California EDD Paid Family Leave (PFL) Fact Sheet
Personal leaves of absence are required in California for Family Leave, Sick Leave, Jury Duty, Emergency Duty as a Volunteer Firefighter, Reserve Police Officer or Emergency Rescue Personnel, Time off to Visit School, Vote, Drug and/or Alcohol Rehabilitation, Literacy Assistance, Temporary Military Leave and/or Reserve Duty.
California’s Paid Sick Leave Law, Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide paid sick leave to eligible employees. California employers must also comply with local ordinances. California Paid Sick Leave Law and Local Ordinances is a good summary of the law and ordinances through 9/16.
Cal/OSHA sets and enforces safety and health standards in the California workplace.
Cal/OSHA has a Consultation Service that is entirely separate from Cal/OSHA’s Compliance Unit. At the employer’s request a Cal/OSHA consultant will make an onsite visit and assist the employer in identifying any existing violations. Cal/OSHA consultants do not cite employers for safety and health violations. Instead, advice is given on how to correct the violations. A reasonable abatement plan is agreed upon. However, if the employer refuses to abate an imminent hazard or serious violation, the Cal/OSHA Compliance Unit would be notified. The Cal/OSHA Consultation Service can be reached at (415) 703-4050.
Injury and Illness Prevention Program.
Every California employer for each facility must maintain a written Injury and Illness Prevention Program. Requirements for such a program can be obtained from the OSHA at www.dir.ca.gov/dosh or by writing the Division of Occupational Safety and Health, P. O. Box 420603, San Francisco, CA 94142.
Other Workplace Safety Programs
Cal-OHSA Workplace Safety Toolkit- guide for setting up effective workplace safety program
The DWC monitors the administration of workers’ compensation claims and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.
Workers’ Compensation Insurance Coverage.
All employers, except the state, are required to have workers’ compensation insurance to cover injuries or illnesses sustained on the job. (Labor Code §3700, et seq.) An employee who suffers a work-related injury or illness that requires medical treatment beyond first aid must notify his or her employer in writing within 30 days of the injury or illness. (Labor Code §5400) An employer must provide a claim form to an employee within 24 hours of the reported work-related injury or illness. (Labor Code §5401) Contact the Division of Workers Compensation for more information regarding workers’ compensation claims and benefits or visit their website for information at www.dir.ca.gov/dwc.
Injuries at Work & Employer’s Reporting Requirements
An employer must file a report with the Division of Labor Statistics and Research or the workers’ compensation insurance carrier for every occupational injury or illness that results in loss-time beyond the date of injury or illness, or that requires medical treatment beyond first aid.
This report must be filed within five (5) days after the employer learns of the injury or illness. A death or serious injury or illness (requiring hospitalization for more than 24 hours other than for purpose of observation) must be reported to the Division of Occupational Safety and Health by telephone or telegraph within 24 hours after the employer knows or should have known of the death or illness. (Title 8, California Code of Regulations, §342)
Employers must also maintain, in each establishment, a log of all-recordable occupational injuries and illnesses for that establishment. Reporting Forms 300, 300A and 301.
The DFEH is the state agency charged with enforcing California’s civil rights laws. The Complainant is the individual filing a complaint. The Respondent is the person named in the complaint.
Process for Filing DFEH Complaint