The Petrofsky Law Firm

The Petrofsky Law Firm Melissa Petrofsky no longer practices employment law. Her firm is closed. It has been a pleasure serving you for the last 10 years.
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Permanently closed.

Employment law has been Melissa’s area of expertise for nearly a decade. She is driven by the desire to expose and punish unfair employers. Whether representing a sexual harassment victim, a whistleblower, or the victim of racial profiling, Melissa uses her wisdom, experience, and empathy to avidly pursue her clients’ rights. She has sued private employers, religious organizations, and government

agencies. Melissa has successfully litigated against every major employment defense firm in California. She has prevailed against attacks on the pleading, discovery motions, and dispositive motions. In fact, she has never lost a dispositive motion before any judge in California, in either state or federal court. Her sterling track record is due to her savvy approach: she doesn’t take on a fight that she can’t win. She has settled cases before every major mediation service provider and every arbitration service. She is also on a first-name basis with many of southern California’s most acclaimed employment law mediators, including retired judges. One of Melissa’s guiding principles is to find the right mediator for each case, which can require months of negotiation with the other side. What Melissa provides every client is the tailored, impassioned advocacy she would provide to a family member. Melissa’s guiding principle has always been to empower her clients by using her legal skills to advocate for truth and justice. Her clients have ranged from part-time sales clerks to CEOs, from teenagers to great-grandmothers. Sometimes, her clients have suffered emotionally. Other times, they’ve lost hundreds of thousands of dollars because of the illegal acts of their boss. Melissa approaches every case with zealous representation -- she understands that every case is a person’s life. She has successfully managed a robust caseload with as many as 50+ matters simultaneously. However, her preference is to keep her caseload smaller, in order to provide boutique-style legal services.

I’m happy to share that I’m starting a new position as Academic Dean at Irvine College of Law as of January 2023! I am s...
12/18/2022

I’m happy to share that I’m starting a new position as Academic Dean at Irvine College of Law as of January 2023! I am so excited to begin my journey into academic administration.

Irvine College of Law is an amazing law school whose mission is “ is a small and vibrant educational community that, since 1973, has had only one mission: To offer professionals, paraprofessionals, small business owners and those in public service and law enforcement a meaningful opportunity to join California’s legal profession as a licensed attorney.” https://lnkd.in/g3diV-DU.

It is, and will remain, an honor and a privilege to serve amongst an extremely capable and dedicated faculty who work tirelessly to provide a quality legal education to our students. Our students are motivated, intelligent, and ready to serve the community.

Our Dean, George C. Leal, has done a remarkable job leading the law school into its current successes, with passion, grace, compassion, and advocacy. I am truly humbled that he has trusted me to help him continue his efforts in making ICOL the amazing institution that it is. I’m entirely grateful for the opportunity to further serve an organization in which I love.

MISSION AND DEAN'S MESSAGE Home » About Dear Prospective Students: Choosing the right J.D. program is a critically important decision and being well informed is the best way to make the right choice. So, on behalf of the faculty and staff of Irvine College of Law, we want to help you decide wheth.....

While we honor the great man who made this quote, let’s remember that today is also considered a day of service. The Mar...
01/18/2022

While we honor the great man who made this quote, let’s remember that today is also considered a day of service. The Martin Luther King Jr. Day of Service is a defining moment each year when Americans across the country step up to make our communities more equitable. MLK Day is the only federal holiday designated as a national day of service to encourage all Americans to volunteer to improve their communities.

So, any suggestions on what we can do with kids on this day of service?

☎️ 949.999.3334
💻 www.petrofskylawfirm.com
📱 [email protected]

Last week, I was honored to be sworn in on my third year as Director at Large on the Orange County Bar Association - CA ...
01/17/2022

Last week, I was honored to be sworn in on my third year as Director at Large on the Orange County Bar Association - CA Board of Directors. I am so blessed to be able to continue to serve the OC legal community for another year with this fine group of people; Antoinette Balta, Esq., LLM Adrianne Marshack, John K. Beckley, Michael S. LeBoff, P.C. Josh Ji Eve Brackmann Shirin Forootan Darrell White Tom Pistone Tracy Miller, J.D. Kelly Galligan Dunn Kate Corrigan Yolanda Torres (and anyone I missed, my apologies).

A special congrats to our new executive board members, Mei Tsang, Secretary, Christina Zabat-Fran, Treasurer, Michael Gregg, Vice-President, Larisa Dinsmoor, Immediate Past President, and The 2022 OCBA President, Dan Robinson.

I’m so proud to be a part of this group and this organization.

☎️ 949.999.3334
💻 www.petrofskylawfirm.com
📱 [email protected]

Schools, teachers, and students are trying to settle back into the classroom this week. However, the Omicron variant has...
01/06/2022

Schools, teachers, and students are trying to settle back into the classroom this week. However, the Omicron variant has schools scrambling to keep students and staff safe, while facilitating learning. This article explains how student leaders are struggling with just this.

Some schools are going remote. Some are requiring masks. Some are just trying to deal with the barrage of new rules and regulations, not only from the state, but the local ordinances. For instance, in Los Angeles, schools need to comply with both the state law regarding mandatory vaccinations, and also the county requiring masks inside.

Whatever, school leaders decide to do, it’s important to remember to give grace to all: school administrators, staff, teachers, parents, and students as we all try to navigate through these rapidly changing times.

☎️ 949.999.3334
💻 www.petrofskylawfirm.com
📱 [email protected]

School leaders say they are using the lessons and tools of the past two years to navigate the latest surge without long-term shutdowns.

Happy New Year to all! ✨I wanted to highlight and thank the wonderful volunteers at Orange County Bar Association - CA’s...
01/03/2022

Happy New Year to all! ✨

I wanted to highlight and thank the wonderful volunteers at Orange County Bar Association - CA’s Community Outreach Committee. I was so grateful for the opportunity to prepare lunch bags with my husband, Kwame White, for people without homes in Orange County.

The heroes in which I speak are the Community Outreach Committee’s Pack a Lunch and Go Event. Over 100 people received lunches the day we dropped off the bags. The event was led by amazing lawyers that care enough to coordinate and distribute these lunches through Wound Walk OC, Orange County Poverty Alleviation Coalition, Isaih House, and Housing is a Human Right Orange County. Thank you Jared De Jong, John Fujii, Thorey Bauer, and Brooke Weitzman, for taking the time to coordinate and distribute these lunches to those most in need, all year round! 🙌

☎️ 949.999.3334
💻 www.petrofskylawfirm.com
📱[email protected]

Labor Shortages. Businesses have all struggled with it, but none have had as much difficulty as those in retail and rest...
10/14/2021

Labor Shortages. Businesses have all struggled with it, but none have had as much difficulty as those in retail and restaurant establishments.

“Dozens of restaurant workers told Insider that while better pay was a necessary condition for them to remain in a job, other factors like getting proper training and avoiding workplace harassment mattered too. In a recent survey, more than half of restaurant workers reported having been abused by customers or managers — and many said they were planning to flee the industry because of it.” - Insider

Workplace harassment has permeated retail and restaurant establishments for years. The pandemic has brought opportunities for these workers to quit and go back to school or find other opportunities. It’s important now, more than ever, to review your workplace anti-harassment policies and enforce them when necessary. It’ll avoid a costly lawsuit and reduce staff turnover.

If you need help on how to create policies that address these issues, contact Melissa Petrofsky, The Petrofsky Law Firm.

☎️ 949.999.3334
💻 www.petrofskylawfirm.com
📱[email protected]

A record 892,000 accommodation and food-services employees quit their jobs in August, leading to the highest quit rate of any sector in the economy.

09/16/2021

People of color feel this type of discrimination in the workplace daily. While this type of behavior is not always considered harassment, under the law, it can lead to other claims.

A POC is far less productive of an employee when they experience this type of behavior. While white colleagues can wear what they want and can still concentrate on their work, POC have to fight the stereotypes of their coworkers and supervisors, causing the POC to have to concentrate more on surviving the day, then on their job duties. As a result, the white employee is more likely to be promoted or given a raise, leading to racial inequity.

If you need help on how to create policies that address these issues, contact Melissa Petrofsky, The Petrofsky Law Firm.
www.petrofskylawfirm.com 949.999.3334 [email protected]

09/11/2021
Federal mandates for employee vaccines or weekly testing are going into effect. If your business has over 100 employees ...
09/10/2021

Federal mandates for employee vaccines or weekly testing are going into effect.

If your business has over 100 employees or receives Federal funding or contracts, you will be required to create a vaccine action policy and implement it.

If you need assistance creating a policy that will comply with State and Federal Worker Protection Laws contact Melissa Petrofsky, The Petrofsky Law Firm.
www.petrofskylawfirm.com 949.999.3334 [email protected]

WASHINGTON (AP) — President Joe Biden has unveiled a new “action plan" plan to confront the COVID-19 surge that’s being driven by the spread of the delta variant. It mandates vaccines for federal workers and contractors and certain health care workers, requires employees at companies with 100 ...

Healthcare clinics and offices take note: It is mandatory for all healthcare workers to be vaccinated in order to work i...
08/09/2021

Healthcare clinics and offices take note:

It is mandatory for all healthcare workers to be vaccinated in order to work in the office. There are exceptions, although very limited, that employers will need to know when communicating this policy to staff.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions.
www.petrofskylawfirm.com 949.999.3334 [email protected]

California’s vaccination mandate for medical workers is the first in the nation. The state also ordered visitors at medical facilities to be vaccinated or test negative for COVID-19.

Small businesses have survived the lock downs, but are now struggling to find the workers necessary to operate their bus...
07/07/2021

Small businesses have survived the lock downs, but are now struggling to find the workers necessary to operate their business.

While some blame unemployment benefits used to keep individuals and gig workers afloat, economists have found that an overwhelming number of these workers are staying at home due to childcare concerns.

Now is the time for small businesses to review their parental leave policies to make sure they comply with the law. You may also want to see what kind of additional low-cost benefits you can offer, such as child care supplements.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions.
www.petrofskylawfirm.com 949.999.3334 [email protected]

Employers in California and the U.S. are scrambling to fill jobs as the dust from the pandemic begins to settle. Just don't call it a labor shortage.

Lei Lei was an honored member of our legal community. While I only met and spoke to her a few times, she was always read...
06/29/2021

Lei Lei was an honored member of our legal community. While I only met and spoke to her a few times, she was always ready with a warm smile and a friendly word. The Petrofsky Law firm wishes to convey its deepest sympathies to Smiley Wang-Ekvall LLP, her family, and loves ones. ❤️


“To Members of the OCBA:

It is with our deepest condolences that we pass along this message, being sent at the request of the firm Smiley Wang-Ekvall. Lei Lei Wang Ekvall served as the 2010 President of the Orange County Bar Association. She was a friend, colleague and mentor to many, including me. Lei Lei continued to share her time and expertise with the OCBA long after her presidency was over. The world and OCBA are less bright without her here.”
- Larisa Dinsmoor
2021 OCBA President

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergenc...
06/18/2021

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergency Temporary Standards (ETS) finally became effective.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions.
www.petrofskylawfirm.com 949.999.3334 [email protected]

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergency Temporary Standards (ETS) finally became effective. The ETS bring substa

California is opening for business soon! 🙌 You may have heard about the new CDC guidelines eliminating the need to wear ...
05/18/2021

California is opening for business soon! 🙌

You may have heard about the new CDC guidelines eliminating the need to wear masks and social distance when individuals have been fully vaccinated. The California Department of Public Health is working on changing its recommendations to reflect those of the CDC and where California’s COVID infection rates are level enough so that California can open for business. The new guidelines are expected to take effect June 15, 2021. Small businesses and employers want to know how to open safely and follow the rules.

We offer 30-minute free consultations to any business struggling with their reopening plan.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions and/or to book a free consultation.
www.petrofskylawfirm.com 949.999.3334 [email protected]

As we reach 20 million vaccines administered and COVID-19 case rates and hospitalizations have stabilized, California is looking to move beyond the Blueprint for a Safer Economy to fully reopening our economy. On June 15, all industries across the state can return to usual operations with common-sen...

Nearly three months after the expiration of California's first COVID-19 Supplemental Paid Sick Leave Law, California has...
03/28/2021

Nearly three months after the expiration of California's first COVID-19 Supplemental Paid Sick Leave Law, California has adopted a new entitlement to Supplemental Paid Sick Leave (SPSL) for employees dealing with COVID-19 issues. The law, which is codified in Labor Code sections 248.2 and 248.3, goes into effect on March 29, 2021, and is retroactive to January 1, 2021.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions.
www.petrofskylawfirm.com 949.999.3334 [email protected]

Nearly three months after the expiration of California's first COVID-19 Supplemental Paid Sick Leave Law, California has adopted a new entitlemen

Vaccines are on the forefront of everyone’s minds these days. Not since Jonas Salk paved the way to saving people from s...
03/23/2021

Vaccines are on the forefront of everyone’s minds these days. Not since Jonas Salk paved the way to saving people from suffering from Polio and to getting people out of their homes and back into society, have we seen such passion for the vaccines. I recently moderated a webinar for the Orange County Bar Association with some of Orange County’s best public health experts that explained the science behind the Covid-19 vaccines, the distribution, and when we can expect to go back to some form of normalcy. 👇

Employers should consider mandatory or voluntary vaccination policies to safely bring employees back into the workplace. There are several land mines, however, you need to know before implementing such a policy.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, with any questions or to draft a policy.
www.petrofskylawfirm.com 949.999.3334 [email protected]

Article

Orange County is moving back to the Red Tier!! This is due to community efforts to stop the spread of the virus and the ...
03/15/2021

Orange County is moving back to the Red Tier!! This is due to community efforts to stop the spread of the virus and the availability of the vaccine. More businesses can now open or widen their opening because of these efforts.

Small businesses considering requiring vaccinations of its staff should make sure that their policy will not run afoul of the law.

☎️ Contact Melissa Petrofsky, The Petrofsky Law Firm, if you’re considering that policy, with any questions and/or assistance.
www.petrofskylawfirm.com 949.999.3334 [email protected]

Los Angeles County can resume indoor dining, reopen movie theaters, indoor gyms and museums as early as Monday under the new rules.

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Employment law has been Melissa’s area of expertise for nearly a decade. Whether representing a sexual harassment victim, a whistleblower, or the victim of racial profiling, or an employer wrongfully accused of the same atrocities, Melissa uses her wisdom, experience, and empathy to avidly pursue her clients’ rights. She helps employers navigate through the web of workplace laws and rules, such as contractor classification, proper payment of overtime and other wage and hour issues, sexual harassment training, or leaves of absence (to name a few). She also provides advice and counsel to businesses in applying fair and equitable employee discipline procedures, while minimizing the risk of litigation. She has prevailed against attacks on the pleading, discovery motions, and dispositive motions. In fact, she has never lost a dispositive motion before any judge in California, in either state or federal court. Her sterling track record is due to her savvy approach: she doesn’t take on a fight that she can’t win. She has settled cases before every major mediation service provider and every arbitration service. She is also on a first-name basis with many of southern California’s most acclaimed employment law mediators, including retired judges. One of Melissa’s guiding principles is to find the right mediator for each case, which can require months of negotiation with the other side. What Melissa provides every client is the tailored, impassioned advocacy she would provide to a family member. Melissa’s guiding principle has always been to empower her clients by using her legal skills to advocate for truth and justice. She has represented a multitude of small employers, including an event services organization, a medical research company, a medical group, and a music school. Melissa approaches every case with zealous representation -- she understands that every case is a person’s life or business. She has successfully managed a robust caseload with as many as 50+ matters simultaneously. However, her preference is to keep her caseload smaller, in order to provide boutique-style legal services.

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