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Jonathon Howard Kaplan

Jonathon Howard Kaplan

Kaplan Weiss LLP
  • Employment Law, Civil Rights
  • California, District of Columbia
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Summary

Jonathon Kaplan is one of the state’s top trial lawyers, having tried dozens of significant cases involving civil rights, employment claims, wage and overtime matters, discrimination, harassment, hostile work environment, FEHA, Equal Pay Act, personal injury, product liability, consumer claims, fraud claims and business disputes. He has obtained an overwhelming number of highly successful verdicts for his clients. Jon has served as appellate counsel on many cases, resulting in published California opinions and establishing law in his areas of practice. Based on his winning track record, opposing lawyers know Jon and his law firm, Kaplan Weiss LLP, are ready, willing and able to go to trial in order to obtain the absolute best results for our clients. Jon started his legal career with the Los Angeles law firm of Lewis, Brisbois, Bisgaard & Smith LLP in 1990. There, he quickly distinguished himself, rising to the level of equity partner in that firm. In 2002, he founded Kaplan Lee LLP, which later changed its name to Kaplan Weiss LLP. Jon maintains an AV rating by Martindale-Hubbell, the preeminent peer review rating for attorneys’ legal skills and ethics. In recognition of his professional accomplishments, Jon was named one of the State’s top 20 lawyers under the age of 40 by California’s leading legal newspaper, The Daily Journal. He has also been consistently named one of Southern California’s “Super Lawyers,” an honor bestowed upon a select group of elite lawyers who have achieved the highest degree of peer recognition and achievement. Jon is a frequent speaker and lecturer on a wide variety of legal subjects. He has spoken on employment law matters at professional conferences and lectured in forensic psychiatry for a fellowship program at a Los Angeles top medical school. He has served as a court-appointed volunteer arbitrator, mediator and temporary judge of the Los Angeles County Superior Court.

Practice Areas
  • Employment Law
  • Civil Rights
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
District of Columbia
9th Circuit
U.S. District Court, all districts of California
Languages
  • Russian: Spoken, Written
  • Spanish: Spoken
Professional Experience
Partner
Kaplan Weiss LLP
- Current
This firm was known as Kaplan Lee LLP until January, 2014 when it adopted its current name.
Associate, Partner
Lewis, Brisbois, Bisgaard & Smith LLP
-
This firm was formerly known as Lewis, D'Amato, Brisbois & Bisgaard LLP
Education
Duke University School of Law
J.D.
Duke University Law School
LL.M.
Emory University
B.A.
Awards
AV-Rating
Martindale-Hubbell
Martindale-Hubbell provides the most widely recognized peer review ratings for attorneys’ legal skills and ethics. An AV-rating is its highest rating and signifies preeminence in the profession.
Top Rated Super Lawyer
Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.
Top 20 Under 40
The Daily Journal
California's leading legal newspaper named Jonathon Kaplan one of the top 20 lawyers under 40 in 2001, identifying him as one of the leaders in the profession.
Professional Associations
District of Columbia Bar
Member
Current
California State Bar # 150838
Member
- Current
Publications
Articles & Publications
Get Ready for 2015 Employment Law Changes
KACPA Journal
Speaking Engagements
2015 Employment Law Update, KACPA Seminar, Rancho Palos Verdes, California
Korean American Certified Public Accountants
Legal Answers
7 Questions Answered

Q. Recently terminated, as a cook. Was informed by letter that I was recorded on audio, I was unaware, nor had I consented.
A: It sounds like you might have a case for wrongful termination. In addition, you may have a claim against your employer if they recorded you without your consent, which is a felony in California. Contact an employment lawyer for help.
Q. I worked full-time and decided to go to on-call status. During my full-time status, I accrued 40hrs PTO.
A: If you are no longer working for the company, they were required to cash you out immediately. If they do not do so, they could be liable to you for a waiting penalty equal to your daily rate multiplied by the number of days you haven't been paid, up to 30 days. Consider contacting an employment lawyer for more specific advice.
Q. Don't laws prohibiting gun ownership violate the 2nd Amendment.?
A: No. The right to bear arms guaranteed by the Second Amendment is not absolute. It must be balanced against other rights and interests. The United States Supreme Court stated as much in the landmark case of D.C. v. Heller: "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, concealed weapons prohibitions … possessions of firearms by felons and the mentally ill, carrying of firearms in sensitive places such as schools and government buildings, or laws imposing condition and qualifications on the commercial sale of arms." The Court also upheld the historical ban on dangerous and unusal weapons, holding that assault rifles with large clips can be outlawed.
Q. I am terminating an employee. He was paid already for the last job he completed. Do I need to issue a final paycheck?
A: Under California's Labor Code you must pay the employee all wages that were earned and unpaid when you fired the employee on his last day of work. For purposes of the law, unpaid wages includes earned and unused vacation, missed meal breaks and rest periods, as well as overtime. If you did not cash out the employee on his last day for any unused vacation, missed meal breaks and rest periods and/or overtime, then you have not complied with the law. You could be liable to the employee for a waiting-time penalty, which is is calculated by multiplying the employee's daily rate of pay by the number of days that the employee was not paid, up to a maximum of 30 days. Check with a licensed California lawyer for specific guidance on this question.
Q. Can an employer force me to not clock in on my 5th work day if I’ve already worked 40 hrs by my 4th day?
A: The answer to your question does NOT fall in a gray area. It is unlawful for an employer not to pay you for your work. If you are a non-exempt employee, when you work overtime your employer must pay you premium pay. An employee must be paid one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. The premium pay rate for overtime goes up to double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. If you are a non-exempt employee (and generally speaking, a field service technician would fall into that category), then your employer is treating you unfairly and not paying you according to law. You should contact an employment lawyer.
Q. Offer letter states that company will not pay if employee/contractor is terminated from project within first 10 days.
A: In California, employees must be paid for all work performed. An employer's failure to pay the promised wage--or at least minimum wage--for work is considered wage theft and carries stiff penalties. This is not a lawful provision in the employment contract, and if you were not paid for your work, you should contact an employment lawyer.
Q. Can an employer invoke the respondeat superior doctrine in a civil lawsuit ? Or does only the plaintiff can ?
A: Respondeat superior is a well-established doctrine that says an employer is liable for the acts of its employees that are committed within the scope of their employment. The doctrine is used by plaintiffs to make businesses pay for damages caused by their employees. For example, if you are hit by a car that is being driven by a company's employee as part of his or her job duties, then you can sue the company for your injuries. The doctrine is not used the other way around where an employer can invoke it against the employee to sue for damages caused by the employee's negligence.
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Contact & Map
Los Angeles Office
355 S. Grand Ave.
Suite 2450
Los Angeles, CA 90071
USA
Telephone: (213) 553-4550
Fax: (213) 553-4590