Hoyer, Hicks & Gage

Hoyer, Hicks & Gage Employment Rights Attorneys

The San Francisco employment lawyers of Hoyer & Hicks represent employees and small business in litigation and pre-litigation cases regarding wrongful termination, discrimination, harassment, whistleblower retaliation, and wage-and-hour class actions involving unpaid overtime, minimum wage violations, break violations, and independent contractor misclassification.

https://www.hoyerlaw.com/blog/?p=291
08/08/2022

https://www.hoyerlaw.com/blog/?p=291

Several states regulate workers' compensation laws in the United States. The Office of Worker's Compensation Programs is housed inside the U.S. Department of Labor, although it solely oversees coverage for federal employees, longshoremen and harbor workers, energy workers, and coal miners. Because t...

https://www.hoyerlaw.com/blog/?p=288
05/06/2022

https://www.hoyerlaw.com/blog/?p=288

California Code of Civil Procedure section 2025.420 subdivision (b) provides that “the court, for good cause shown, may make any order that justice requires to protect any party…from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” Code Civ. Proc. § 2025.420(...

https://www.hoyerlaw.com/blog/?p=286
04/29/2022

https://www.hoyerlaw.com/blog/?p=286

California has adopted the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 for trying claims of discrimination. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354. The so-called “McDonnell Douglas” test “r...

https://www.hoyerlaw.com/blog/?p=284
04/08/2022

https://www.hoyerlaw.com/blog/?p=284

California Code of Civil Procedure section 1038 allows a public entity defendant to recover defense costs upon prevailing against a legal action, but only where the plaintiff brought or maintained he action in bad faith or without reasonable cause. A determination of good faith involves a factual in...

https://www.hoyerlaw.com/blog/?p=282
03/18/2022

https://www.hoyerlaw.com/blog/?p=282

Wrongful termination from employment is tortious when the termination occurs in violation of a fundamental public policy. Gantt v. Sentry Insurance (1992) 1 Cal.4th 1082, 1090. A policy is “fundamental” when it is “carefully tethered” to a policy “delineated in constitutional or statutory ...

https://www.hoyerlaw.com/blog/?p=279
03/11/2022

https://www.hoyerlaw.com/blog/?p=279

Government Code section 12941(a) of the Fair Employment and Housing Act (“FEHA”) provides in pertinent part that it is unlawful employment practice for an employer to discharge, dismiss, or otherwise discriminate against any individual over the age of 40 on the basis of age.

https://www.hoyerlaw.com/blog/?p=277
02/18/2022

https://www.hoyerlaw.com/blog/?p=277

Information is discoverable if relevant and unprivileged. Code of Civil Procedure section 2016. To the extent any documents that are responsive to a plaintiff’s requests are privileged or private, the defendant bears the burden of showing good cause for a protective order limiting discovery. See V...

https://www.hoyerlaw.com/blog/?p=275
02/11/2022

https://www.hoyerlaw.com/blog/?p=275

Wrongful termination from employment is tortious when the termination occurs in violation of a fundamental public policy. Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090. A policy is “fundamental” when it is “carefully tethered” to a policy “delineated in constitutional or statutory ...

https://www.hoyerlaw.com/blog/?p=272
01/28/2022

https://www.hoyerlaw.com/blog/?p=272

Government Code section 12941(a) of the Fair Employment and Housing Act (FEHA) provides in pertinent part that it is unlawful employment practice for an employer to discharge, dismiss, or otherwise discriminate against any individual over the age of 40 on the basis of age.

https://www.hoyerlaw.com/blog/?p=269
01/14/2022

https://www.hoyerlaw.com/blog/?p=269

California law defines a “personal attendant” as any person employed by a private householder . . . in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervi...

https://www.hoyerlaw.com/blog/?p=267
12/24/2021

https://www.hoyerlaw.com/blog/?p=267

False representations made recklessly and without regard for their truth in order to induce action by another are the equivalent of misrepresentations knowingly and intentionally uttered. Yellow Creek Logging Cor v. Dare, 216 Cal.App.2d 50, 55 (1963), Engalla v. Permanente Medical Group, Inc., 15 Ca...

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4 Embarcadero Ctr
San Francisco, CA
94111

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Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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+14157663539

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