Welcome to the Law Offices of Chauvel & Glatt, LLP!
We are based in San Mateo, California, and serve the Peninsula and surrounding communities, as well as clients throughout Los Angeles, San Diego and San Bernardino Counties and the State of California. We’ve been providing legal services for more than 3 decades and specialize in the fields of Business Law, Real Estate Law, Employment Law, Estate Planning/Probate, Transportation Law, and Intellectual Property Law. We bring a wide range of knowledge and experience, with members of our team speaking English and Spanish.
Our attorneys enjoy working collaboratively and strive to keep matters as simple as possible. We share a desire to give you unparalleled customer service by being proactive and responsive to all your needs.
Chauvel & Glatt Staff
Linda Taylor, Office Manager & Senior Legal Assistant, linda@chauvellaw.com
Mellina Calilung, Account Manager, mellina@chauvellaw.com
Amelia Valencia, Receptionist, amelia@chauvellaw.com
Firm News
- Employment Law
Posted in: News
May is Mental Health Awareness month and it is a reminder for employers to take the time to review their policies and benefits surrounding employee mental health and well-being. As an employer, providing employees with support and tools to promote positive mental health and well-being at work is extremely important.
Having policies and benefits to support mental health has been found to promote productivity and boost overall morale in the workplace. Employers can consider offering resources for employees to take advantage of mental health tools, such as offering free meditation resources or counseling. Employers may also expand their Paid Sick Leave use to allow employees time off for mental health days and/or add a mental health holiday in the Month of May. While California law does not mandate employers to offer benefits such as a mental health day, Employers may choose to adopt these benefits, but it is important for employers to create proper and clear policies surrounding these mental health benefits.
Employers may also choose to have voluntary activities/events during the workday such as puppy therapy (bring puppies to the workplace); make your own stress ball activity; or even a yoga day. While this may not be sensible for all workplaces, these are just a few examples that an employer may implement in the workplace or do once in a while to show their support about the well-being of their employees.
To discuss the creation of mental health benefit policies in the workplace and how best to roll out mental health activities in the workplace, contact the Employment Lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-881-3021.
- Employment Law, Litigation News
Posted in: News
Almost a year ago, SCOTUS held in Viking River Cruises, Inc. v. Moriana, that when an employer and employee have a valid arbitration agreement and the employee brings claims under the Private Attorney General’s Act (PAGA), the individual claims of the employee can be compelled into arbitration on an individual basis and the remaining representative actions of the PAGA claims are to be dismissed. Learn more about the Vikings decision here.
This decision in Vikings was seen as a win by California Employers given PAGA’s negative financial impact to business owners. It also allows employers to benefit from the agreement made with the employee to arbitrate disputes as planned. However, the law as interpreted in California provided that employee claims brought under PAGA, cannot be divided into individual and representative claims through an arbitration agreement. Individual claims can be arbitrated and the remaining PAGA claims will be heard by the Court.
While there have been decisions about how courts should address this conflict since Vikings, only one was granted review by the California Supreme Court back in July 2022– Adolph v. Uber Technologies, Inc. (“Adolph”). Since last July, many California courts were conflicted by Vikings.
How will courts rule on whether to compel a PAGA case to arbitration? While some decisions were made, they landed on both sides of the issue waiting for a date to be set in Adolph. More often than not, courts decided to stay cases until the California Supreme Court provided the lower courts more clarity by deciding Adolph. Chauvel & Glatt even experienced this firsthand when a case they were litigating on this very issue was stayed by the court.
So now what? Now, employers will not have to wait much longer to find out the fate of whether California will follow SCOUTS’ decision or California will go in a different direction. The Adolph case will finally be heard by the California Supreme Court on May 10, 2023. With the Court only having 90 days to tell us their decision, we will know by the end of summer what employers will face with this monumental PAGA decision. Chauvel & Glatt will keep you up to date on this important decision.
Making sure your business is California labor compliant is the first step to ensuring protection against PAGA lawsuits. To learn more about PAGA, how it can affect your business, how to get into compliance to avoid a PAGA lawsuit, contact the Employer Lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-881-3021.
- Employment Law
Posted in: News
As families navigate their busy schedules, they are opting to employ workers to care for their children & family members and to handle household issues, which includes persons like housekeepers, house managers and cooks. While this allows families flexibility to meet professional and personal needs, it is critical for families to structure their relationship with household employees in a California labor law compliant manner.
When you employ an individual to work in the home, such as a nanny or caregiver, this creates an employment relationship between you and the individual. Even if you only hire one person you, can be considered a household employer; and possibly a joint employer even if you hire someone through a caregiver or staffing agency.
What does it mean to be a household employer?
When you hire an individual to work in your home, you are subject to California labor law requirements. This includes requirements to maintain workers compensation, compliance with wage & hour requirements and certain tax requirements. It is important to note that wage & hour requirements may differ depending on the type of household employee you hire. For example, there are different overtime requirements for a live-in employee v. a non-live-in employee.
Families should work with counsel experienced with these unique household staff and the legal implications before hiring such individuals to avoid liability. Failure to comply with proper legal requirements, including or misclassifying a household employee as a contractor amongst other pay issues, can impose significant penalties against the family and could result in prolonged and costly litigation.
To set up a time to discuss hiring a household employee or to address a household employee matter contact the Employer Lawyers at Chauvel & Glatt..
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-881-3021.
