Expertise
California Employee Representation
Erin R. Parks represents California workers in a wide array of industries to address employment law abuse, including but not limited to:
Wrongful termination:
Contract Employees fired without good cause.
At Will Employees fired for unlawful reasons or purposes that contravene fundamental public policy.
Discrimination:
Equality in the workplace is a fundamental right. Employees that have not been afforded equal opportunity in the workplace because of protected characteristics such as:
- Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding)
- Gender, Gender Identity, and Gender Expression
- Sexual Orientation
- Age (40 and over)
- Ancestry
- Color
- Religious Creed (including religious dress and grooming)
- Denial of Family and Medical Care Leave
- Disability (mental and physical) including HIV and AIDS
- Marital Status
- Medical Condition (cancer and genetic characteristics)
- Genetic Information
- Military and Veteran Status
- National Origin (including language use restrictions)
- Race
Harassment:
Sexual harassment and hostile workplace harassment claims based on protected characteristics.
Retaliation:
State anti-discrimination laws make it unlawful for an employer to retaliate against an employee who reports or otherwise opposes prohibited discrimination, harassment or violation of the law.
Wage & Hour:
Employees who have been misclassified as independent contractors or have not been fairly or fully compensated under California’s Labor Laws regulating breaks, overtime, vacation pay, sick pay, and other forms of compensation.
CALIFORNIA SMALL BUSINESS EMPLOYER DEFENSE
In select circumstances, Erin R. Parks counsels and represents small business employers seeking advice and representation for a spectrum of California employment and human resource issues:
- Developing employee policies & procedures
- Compliance with the Fair Employment & Housing Act and California’s wage and hour regulations
- Workplace investigations
- Facilitation of informal resolution of employee claims and disputes
- Employment separation agreements (voluntary and involuntary)
- Representation in Santa Barbara County Superior Courts and in California Labor Commissioner proceedings
- Coordination with the Department of Fair Employment & Housing
Erin works closely with business owners to advance critical business goals and protect companies from liability arising from a myriad of personnel issues, including formulating employment policies, providing guidance and training on human resource matters, reviewing and improving personnel file documentation, providing guidance on wage and hour issues, conducting internal investigations, and responding to and defending discrimination, harassment, wrongful termination, retaliation and wage and hour complaints.
EMPLOYMENT / IMMIGRATION LAW CROSS-OVER
Erin R. Parks’ knowledge of both employment and immigration law makes her particularly qualified to advise immigrant employees and employers about the interplay of immigration status and California’s employment and labor laws.
Protecting Immigrants
Now, more than ever, immigrant workers need assistance to understand their rights under the Fair Employment & Housing Act and the far reaching potential immigration consequences of filing a labor or employment claim. One of the most serious risks is retaliation (an employer reporting workers to immigration authorities). Another potential risk is the worker admitting during the course of a labor or discrimination claim to have worked without proper authorization, or use of fake documents. A worker could also make the mistake of admitting to unlawfully re-entering the United States after having been deported; an act that is both a criminal felony violation and that can have serious immigration consequences for the worker.
Advising Employers
Because of her immigration background, Erin R. Parks is particularly skilled and experienced in helping employers navigate the distinct and complex issues that arise under immigration laws to attempt to ensure the seamless hiring of foreign national employees. Erin advises employers on compliance with Form I-9 and other documentation requirements, applications for visas for non-citizens, and issues involving undocumented workers.