Aiman-Smith & Marcy

Aiman-Smith & Marcy Aiman-Smith & Marcy focuses on individual litigation and class action lawsuits in employment law and in the protection of consumers and employees.

California Consumer Fraud, Class Action and Labor & Employment Attorneys

Your employer's policy doesn't matter, what matters is what they *let* happen. Courts don't enforce what's written in th...
09/02/2026

Your employer's policy doesn't matter, what matters is what they *let* happen. Courts don't enforce what's written in the employee handbook; they enforce what was actually required, encouraged, or simply allowed on the floor. If your manager regularly asked you to stay late, if you were given work that couldn't reasonably be done in 40 hours, if you saw coworkers logging off the clock and still answering emails, that pattern of "suffered or permitted" work is the foundation of a wage claim, not a signature on a policy form. The handbook is a defense. Your reality is the evidence. Contact us for legal representation.

Did your boss make a promise? It might be binding. Many employees assume verbal agreements aren't legally enforceable, b...
08/31/2026

Did your boss make a promise? It might be binding. Many employees assume verbal agreements aren't legally enforceable, but this is a common misconception. In some states, spoken promises about job security or pay can create a binding contract.

Employers may deny verbal commitments, but we help clients enforce these promises when they aren't put in writing. Documenting the conversation is key. Immediately record the date, time, witnesses, and exact words of any important verbal agreement. This documentation is crucial for enforcement.

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"I just need you to look it over real quick, it's a standard form." That's what the client said. Two hours later, we'd f...
08/28/2026

"I just need you to look it over real quick, it's a standard form." That's what the client said. Two hours later, we'd found three buried clauses that would've cost them 40% of their revenue if triggered. The takeaway: "standard" doesn't mean "safe." Comprehensive legal guidance isn't about reading more pages, it's about knowing which three sentences on page 14 will come back to haunt you. Contact us for legal representation before "standard" becomes expensive.

Stop treating your legal team like a relay race. That handoff gap is exactly where unethical business practices slip thr...
08/26/2026

Stop treating your legal team like a relay race. That handoff gap is exactly where unethical business practices slip through. Real collaborative representation means your entire team, across 150+ years of combined experience, is in the room together from the first conversation, so no detail gets lost between specialists and no pressure tactic catches anyone off guard. Contact us for legal representation.

If you're a high-performer whose performance reviews suddenly turned cold after you reported a coworker's comments, you'...
08/24/2026

If you're a high-performer whose performance reviews suddenly turned cold after you reported a coworker's comments, you're not imagining the pattern, retaliation often hides inside "legitimate" performance feedback. One of the strongest signals courts look for is a sharp, unexplained shift in tone or metrics right after a protected complaint. Save this: document every review, email, and verbal critique from before and after your report, the contrast alone can shift a case from "he said, she said" to a clear timeline. Contact us for legal representation to help connect those dots.

The hardest part of a legal challenge isn't the courtroom. It's the 3 a.m. spiral, replaying conversations and wondering...
08/21/2026

The hardest part of a legal challenge isn't the courtroom. It's the 3 a.m. spiral, replaying conversations and wondering if you're overreacting. That spiral is exactly what opposing counsel counts on. When fear keeps you quiet, you can accidentally waive rights you didn't even know you had. Don't let silence become a concession.

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"I signed the contract, so I have to accept it", is that what you're thinking right now?That's the exact misconception u...
08/19/2026

"I signed the contract, so I have to accept it", is that what you're thinking right now?

That's the exact misconception unethical businesses count on. Many people believe a signed agreement is ironclad, but courts routinely throw out terms that are unconscionable, misleading, or buried in fine print. The real question isn't whether you signed, it's whether the other side played fair. If something about your contract feels off, that instinct matters more than the signature at the bottom.

Contact us for legal representation.

You're likely losing money every day if your employer isn't paying you for all your work. Winning back unpaid overtime r...
08/17/2026

You're likely losing money every day if your employer isn't paying you for all your work. Winning back unpaid overtime rarely hinges on what you clocked in, it hinges on what your employer *told you to do* that you never clocked for. Courts look at whether the employer "suffered or permitted" the work, not whether you filled out a timesheet for it. That 10-minute pre-shift meeting, the 20 minutes of closing paperwork after you punched out, the calls you took from home, if your employer knew or should have known you were working, that time is legally compensable. The real strategy isn't proving you worked, it's proving they knew. Contact us for legal representation.

“Can you just send that request again?” Then the cuts start.We see a pattern when employees or consumers ask for somethi...
08/14/2026

“Can you just send that request again?” Then the cuts start.

We see a pattern when employees or consumers ask for something reasonable—wage statements, schedule changes, or accommodations. It can look subtle at first: fewer hours, a sudden “performance” write-up, or getting left out of the next meeting.

Here’s our 3-step “spot it early” plan:

1) Date-stamp every request (and keep copies of what you sent).
2) Save proof of pay and schedule changes—screenshots, pay stubs, calendars, emails.
3) If there’s an adverse change, ask for the reason in writing and document the response.

Adverse change in writing? Don’t wait. Document everything now—then contact us for legal representation.



"If we just keep our head down, the other side will run out of steam."We hear this from clients in long lawsuits. It sou...
08/12/2026

"If we just keep our head down, the other side will run out of steam."

We hear this from clients in long lawsuits. It sounds like strategy. But here's what we've learned over 150+ years of combined practice: silence in litigation doesn't look like patience, it looks like weakness.

Every month you wait between hearings is a month the other side's narrative hardens. Discovery lands, and if you're not updating your legal theories, preserving objections, and tightening every response, delays start reading as admissions.

A tenacious defense doesn't mean staying quiet. It means staying active, even when nothing is on the calendar.

Contact us for legal representation.



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7677 Oakport Street #1000
Oakland, CA
94621

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Tuesday 9am - 6pm
Wednesday 9am - 6pm
Thursday 9am - 6pm
Friday 9am - 6pm

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