Expert Legal Solutions for Employees
Trusted attorneys for your legal needs and rights.
Expert Legal Solutions for Employees
Trusted attorneys for your legal needs and rights.
About Michael H. Kim, P.C.
Experienced Employment Lawyers
At Michael H. Kim, P.C., we pride ourselves on having a dedicated and experienced legal team. Our attorneys represent employees who have been discriminated against, terminated, or harassed or who have been retaliated against because they complained about a violation of federal or state law. Our attorneys also represent employees in wage and hour lawsuits involving claims of unpaid overtime, minimum wage violations, misclassification of employees, and missed meal and rest breaks.
We have been helping employees with their legal needs for over 25 years.
Expert Legal Services for Employees
Wage and Hour
Disability Discrimination
Disability Discrimination
Wage and Hour Law Practice – California
Our firm represents employees throughout California in wage and hour disputes involving violations of state and federal labor laws. California maintains some of the strongest worker protections in the country, and employers are required to comply with strict regulations governing pay, hours, and working conditions. When employers fail to follow these laws, we take decisive action to protect our clients’ rights.
Areas of Practice
We handle a wide range of wage and hour matters, including:
- Unpaid wages and minimum wage violations
- Overtime and double-time pay disputes
- Meal and rest period violations
- Off-the-clock work
- Employee misclassification (independent contractor vs. employee)
- Exempt vs. non-exempt classification disputes
- Failure to reimburse business expenses
- Commission and bonus disputes
- Wage statement (pay stub) violations
- Final paycheck violations
- Waiting time penalties
- Prevailing wage claims
- Private Attorneys General Act (PAGA) actions
- Illegal time rounding
- Inaccurate timekeeping
Legal Framework
California wage and hour claims commonly arise under:
- The California Labor Code
- The Industrial Welfare Commission (IWC) Wage Orders
- The California Private Attorneys General Act (PAGA)
- The federal Fair Labor Standards Act (FLSA)
Because California law often provides greater protections than federal law, employers must comply with both. Even technical violations—such as inaccurate wage statements or missed meal periods—can result in substantial penalties.
Our Approach
We conduct thorough investigations of payroll practices, timekeeping policies, and classification decisions to identify violations and potential remedies. Our firm pursues recovery of:
- Unpaid wages
- Overtime premiums
- Statutory penalties
- Interest
- Attorneys’ fees and costs
When appropriate, we prosecute class actions and representative actions to address systemic wage violations affecting groups of employees.
Commitment to Workers
Wage theft and unlawful employment practices can significantly impact financial stability and workplace dignity. We are committed to enforcing California’s labor protections and holding employers accountable for noncompliance.
Disability Discrimination
Disability Discrimination
Disability Discrimination
Disability Discrimination Law Practice – California
Our practice is dedicated to protecting the rights of individuals with disabilities under California and federal law. We represent employees and applicants who have experienced discrimination, harassment, retaliation, or denial of reasonable accommodations based on physical or mental disabilities.
Disability discrimination in California is primarily governed by:
- Fair Employment and Housing Act (FEHA) – Provides broad protections against discrimination and requires reasonable accommodations for employees and applicants with disabilities.
- Americans with Disabilities Act of 1990 (ADA) – Federal law prohibiting disability discrimination in employment, public accommodations, transportation, and government services.
- California Disabled Persons Act (CDPA) – Protects equal access to public facilities and businesses.
- Unruh Civil Rights Act – Prohibits discrimination by business establishments in California.
California law often provides broader protections than federal law, including coverage for smaller employers and a more expansive definition of disability.
Under FEHA and the ADA, it is unlawful for an employer to:
- Refuse to hire or promote a qualified individual due to a disability
- Terminate employment because of a real or perceived disability
- Fail to provide reasonable accommodations
- Fail to engage in a timely, good-faith interactive process
- Retaliate against an employee for requesting accommodation or asserting their rights
We assist clients in matters involving:
- Physical disabilities
- Mental health conditions
- Chronic illnesses
- Pregnancy-related disabilities
- Temporary or perceived disabilities
Reasonable accommodations may include modified work schedules, medical leave, assistive devices, reassignment, remote work arrangements, or workplace modifications.
Failure to Accommodate & Interactive Process
Employers in California have an affirmative obligation to engage in a good-faith interactive process once they become aware of an employee’s need for accommodation. A failure to do so can constitute an independent legal violation, even if no ultimate adverse employment action occurs.
Sexual Harassment
Disability Discrimination
Wrongful Termination
Sexual Harassment Litigation Practice – California
We are dedicated to protecting employees from unwanted sexual advances and harassment at work. Under California law, sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:
- Submission to such conduct is made a term or condition of employment;
- Submission to or rejection of such conduct is used as the basis for employment decisions; or
- Such conduct creates an intimidating, hostile, or offensive work environment.
Sexual harassment may include, but is not limited to:
- Unwelcome sexual comments, jokes, or innuendo
- Sexual gestures or leering
- Displaying sexually suggestive objects, images, or emails
- Unwanted touching or physical contact
- Repeated requests for dates after rejection
- Retaliation against an individual who reports harassment
Harassment may occur between individuals of the same or different genders and does not require intent to be unlawful.
Wrongful Termination
Wrongful Termination
Wrongful Termination
Wrongful Termination – California Employment Law Practice
Our firm represents employees throughout California who have been unlawfully terminated in violation of state and federal employment laws. California is an “at-will” employment state; however, employers may not terminate employees for illegal reasons or in violation of public policy, statutory protections, or contractual obligations.
What Is Wrongful Termination?
Wrongful termination occurs when an employer discharges an employee for reasons that violate:
- The California Fair Employment and Housing Act (FEHA)
- The California Labor Code
The Family and Medical Leave Act (FMLA) - The California Family Rights Act (CFRA)
- Public policy protections recognized by California courts
We handle cases involving termination based on:
- Discrimination (race, gender, age, disability, religion, national origin, sexual orientation, pregnancy, etc.)
- Retaliation for reporting harassment, discrimination, wage violations, or other unlawful conduct
- Whistleblower retaliation
- Taking protected medical or family leave
- Requesting reasonable accommodations
- Filing a workers’ compensation claim
- Refusing to participate in illegal activities
- Breach of employment contract
Retaliation and Whistleblower Protections
California law provides strong protections for employees who report unlawful activity. Under California Labor Code Section 1102.5, employers may not retaliate against employees for disclosing violations of state or federal law.
Retaliation
Wrongful Termination
Class Actions
Retaliation Under California Law
California law strictly prohibits employers from retaliating against employees who engage in protected activity. We are here to represent employees who have been retaliated against for exercising their rights.
Under the California Fair Employment and Housing Act (FEHA), Government Code § 12940(h), it is unlawful for an employer to discharge, expel, or otherwise discriminate against any person because the person has opposed practices forbidden under FEHA or has filed a complaint, testified, or assisted in any proceeding under the Act.
To establish retaliation under FEHA, a plaintiff must show:
- The plaintiff engaged in a protected activity;
- The employer subjected the plaintiff to an adverse employment action; and
- A causal link exists between the protected activity and the adverse action.
See Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028.
Protected activity includes, but is not limited to, complaining about discrimination, harassment, wage violations, unsafe working conditions, or other unlawful employment practices.
California Labor Code § 1102.5 further prohibits retaliation against employees who disclose information, or whom the employer believes disclosed information, to a government or law enforcement agency, or to a person with authority over the employee, if the employee reasonably believes the information discloses a violation of state or federal law.
Additionally, Labor Code §§ 98.6 and 6310 prohibit retaliation for asserting wage rights or reporting workplace safety concerns.
An adverse employment action is broadly construed and includes termination, demotion, reduction in pay, denial of promotion, undesirable reassignment, or any action that materially affects the terms, conditions, or privileges of employment.
Class Actions
Wrongful Termination
Class Actions
Class Action Litigation – California
Our practice is devoted to representing plaintiffs in complex class action litigation throughout the State of California. We prosecute high-impact cases that seek to remedy systemic misconduct and protect the rights of consumers, employees, and other affected groups under California and federal law.
Areas of Focus
Our class action practice includes, but is not limited to:
Misclassification of employees as exempt employees, unpaid overtime, meal and rest break violations, minimum wage violations, off-the-clock work, inaccurate timekeeping, illegal time rounding, and related claims under the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders.