Neil Pedersen

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Summary

Neil is a 30-year litigator who aggressively advocates employee rights against medium sized and large employers. Neil is also an adjunct professor of law, teaching employment law and law practice management. He is highly respected among his peers and by his former clients. He has been named a Southern California Super Lawyer and one of the Best Employers in Orange County several years running. He was named Attorney of the Year by the State Bar Solo and Small Firm Section in 2016. He has tried several significant matters to settlements and judgments in the high six-figure and the seven figure ranges.Neil's Orange County law firm represents employees in all Southern California courts, including the federal courts located therein. He is equally comfortable arbitrating disputes.

Practice Area

Employment Law

Fees

Free Consultation
Contingent Fees
Rates, Retainers and Additional Information
My firm advances all costs of litigation and seeks no fees or up front costs to handle your case. To determine if we can assist, we engage in substantial up-front analysis and investigation at no charge to you. To get started you need to contact the Intake Manager at the firm.

Jurisdictions Admitted to Practice

California
Since 1989

Languages

English: Spoken, Written

Professional Experience

Senior Principal: Pedersen Law APC; 2000 - Current

Vice-President of Human Resources/General Counsel: QuantumLink Corporation, Torrance, CA; 1998 - 1999

Vice-President of Corporate Policy/General Counsel: QuantumLink Corporation, Torrance, CA; 1998 - 1998

Principal: Pedersen & Black, a Professional Law Corporation, Newport Beach, CA; 1994 - 1998

Senior Associate Attorney: Ford & Pedersen, Los Angeles, CA; 1990 - 1994

Associate Attorney: Walker, Kendrick & Jackson, Newport Beach, CA; 1987 - 1990

Education

Western State Univ: Undergraduate Degree

Western State Univ COL: Law Degree

Awards

Distinguished Alumni Award: Western State Law Review; 2018

Attorney of the Year: California State Bar Solo and Small Firm Section; 2016

Client's Choice Award: Avvo.com; 2016

Named a “Top 100 Employment Lawyer”: The National Advocates; 2015

Super Lawyer: Thompson Reuters publications; 2015; Awarded in 2015, 2016, 2017, 2018, 2019

“Wall of Justice” honoree: California Employment Lawyers Association (CELA); 2014

Identified as one of the “Best Attorneys in Orange County” in employment law: Orange County Register’s OC Metro Magazine; 2013; 2013, 2014, 2015, 2016, 2017, 2018

Southern California’s Top Rated Lawyers: Legal Leaders Publications; 2013; 2013, 2016

Rated “Superb” and a perfect “10”: Avvo.com; 2012; Since 2012

Top Contributor distinction: Avvo.com; 2012; Since 2012

Identified as one of the “Best Attorneys in Southern California”: American Lawyer Media; 2012; Awarded from 2012 to present

Inducted into the Alumni Hall of Fame: Western State School of Law; 2010

Special Appreciation Award for dedication and service to the section: Orange County Bar Association Solo and Small Firm Section; 2010

AV Rated continuously since 1995: Martindale Hubbell; 1995

Professional Associations

California State Bar # 139262: Member; 1989 - Current

Publications

Articles & Publications

Mandatory Harassment Training is Expanded to Include Small and Medium-Size Firms: California State Bar Law Practice Management and Technology Section’s E-News; November, 2018

Speaking Engagements

Ethical Issues Presented by the Cyber-Security Threat to the Small Firm or Solo Practitioner, A one-hour presentation to the Los Angeles County Bar Association Intellectual Property Section: October 19, 2017; Los Angeles County Bar Association Intellectual Property Section
The Prospective Client and Beyond, Client Interviews to Identify Problem Clients and Avoid Potential Pitfalls During the Representation, A one-hour presentation to the Peter M. Elliott American Inn of Court: November 9, 2017
Time Management and Proper Delegation, “Jump Start Your Law Practice,” a three-day conference held in Indianapolis, Indiana: November 20, 2017
Money, Fees, and Pricing (Making Your Money Work for You), “Start Your Law Practice,” a three-day conference held in Indianapolis, Indiana: November 19, 2017
Employee Hiring, Firing, and Management, A one-hour presentation at “Start Your Law Practice,” a three-day conference held in Indianapolis, Indiana: November 18, 2017
It’s Time to Close Up Your Legal Practice for Good, A two-hour presentation sponsored by the Orange County Bar Association: January 23, 2018; Orange County Bar Association
Hit the Floor Running: Practical Advice for the Novice Attorney, Seminar sponsored by Western State College of Law: January 27, 2018; Western State College of Law
Employment Law, One hour segment of day-long Bridging the Gap program sponsored by the Orange County Bar Association: February 10, 2018; Orange County Bar Association
The Attorney-Client Contract, 1.25 hour video MCLE recorded by the National Law Foundation: May 1, 2018; National Law Foundation
Client Intake Procedures and Considerations, 1.25 hour video MCLE recorded by the National Law Foundation: May 1, 2018; National Law Foundation
Converting your Law Office to a Digital Environment, 1.25 hour video MCLE recorded by the National Law Foundation: May 1, 2018; National Law Foundation
The Attorney-Client Contract, Balancing Ethics with Risk Management, California Lawyers Association Annual Conference in San Diego: September 14, 2018; California Lawyers Association
The Importance of Good Legal Writing in the Practice of Law, Two 1.5 hour presentations to the first year class at Western State College of Law: October 30, 2018; Western State College of Law
Inherent Bias in the Arbitration Process, Workplace Perspective Podcast: November 19, 2018; Saffire Legal
Creating a Discovery Plan – Using Discovery Mechanisms Effectively, National Law Foundation Video Presentation: December 5, 2018; National Law Foundation
Identifying and Dealing with Defense Dirty Tricks in Employment Litigation, Orange County Bar Association Last Dash event: January 9, 2019; Orange County Plaintiffs Employment Lawyer Group
Surviving and Thriving in the Practice of Law, Orange County Bar Association Last Dash event: January 12, 2019; Fowler School of Law at Chapman University
Hit the Floor Running: Practical Advice for the Novice Attorney: January 12, 2019; Western State College of Law
Employment Law, Bridging the Gap: February 2, 2019; Orange County Bar Association
Being Salt and Light as a Lawyer Christian, Daniel’s Inn Annual Meeting: February 23, 2019; Daniel's Inn

Websites & Blogs

Website: Firm Website

Videos

How Did I Get Into Employment Law? | Pedersen Law, APC

How Did I Get Into Employment Law

FEHA Violations Described by California Employee Rights Lawyer, Neil Pedersen

Common Violations Of The Fair Employment And Housing Act

Legal Answers

95 Questions Answered

Q. How do I answer have you ever been terminated on a teaching application? After being let-go.: 14 June 2019; A: If you do not truthfully answer yes, you set yourself up for bad consequences. A no fault termination is still a termination, so answering no to the question would be a lie. Be prepared to provide a good explanation for the termination when asked about it. Good luck to you.

Q. Labor law question: Can I pay an employee only for "productive time" delivering counseling services, instead of hourly?: 14 June 2019; A: If the employee is hourly non-exempt, you must pay the employee for all time the employee is required to spend at your service, whether it is productive time or otherwise. If the employee is salaried exempt you have to pay for the whole day when they work even a small part of the day. You may have options such as a split shift available to you, but it would be wise for you to discuss those options confidentially with an employer-side employment attorney. Good luck to you.

Q. Can my employer withhold travel time pay ?: 13 June 2019; A: An employer must pay an employee for all time incurred associated with their duties for the employer. The employer may not withhold pay as a disciplinary measure. It can suspend you and even fire you, but it must pay you for the time you spend. As such this employer has likely violated the law by refusing to pay you to return to the area. Good luck to you.

Q. I was told recently that my position is no longer available after signing my contract: 13 June 2019; A: Likely no. As long as you are paid the full amount you were contracted to receive, you cannot sue for messing up your budget. Good luck to you.

Q. as a salaried employee based in SF, can my employer forcibly change my days off after having the same schedule for 12 ye: 13 June 2019; A: No, sorry. Unless you have an express contract provision guaranteeing you set hours, your employer has the right the change the terms and conditions of your employment, including the days and hours you must work, at any time and for any reason or even no reason at all. There is no mechanism in the law that creates a legal right to a particular schedule based on the fact you have had that schedule for a long time. Your options are limited. You can appeal to the company to give you the same schedule and if they refuse, you either have to work the new schedule, refuse and likely be fired, or quit and find a new employer. Good luck to you.

Q. Hi, I got fired for introducing a six pack of beers into the restaurant that I worked, I drank two and the owner: 12 June 2019; A: You may have a meritorious claim for unpaid meal and rest periods and for the failure to pay overtime. It is also possible you will have some claim for the sick pay issue. Of course, far more would need to be known about your situation to know for sure. As to the termination, you are likely not going to have a meritorious legal claim. Assuming you were a non-exempt employee, your employer was required to provide you with a reasonable opportunity to take a 10-minute uninterrupted and duty free rest period on the clock for every 4 hours you worked, and a 30-minute uninterrupted and duty free meal period off the clock whenever you worked more than 5 hours in a shift. If you were not give the reasonable opportunity to take at least one rest period in a shift, you would be entitled to one hour of pay as a wage penalty. You would be entitled to another one hour of pay for each day you were denied a proper meal period. Regarding overtime, you would have been entitled to be paid time-and-a-half overtime any time you worked more than 8 hours in a workday, or more than 40 hours in a workweek, or for the first 8 hours of the seventh consecutive day of a workweek. You would have been entitled to double time overtime if you worked more than 12 hours in a workday, or after the first 8 hours of the seventh consecutive working day of the workweek. As to sick pay, the right to paid sick leave only started a couple of years ago, but if you were denied sick pay since that new law was enacted and you had accrued sick pay under that law, you would be entitled to now recover that pay that should have been paid to you. As to the termination, you are considered to be an at will employee unless you had an agreement to the contrary with your employer. That means you can be terminated at any time and for any reason or even no reason at all. You are not entitled to any warnings or notice that what you did was disfavored by the boss. There does not seem to be any unlawful motive in terminating you for bringing alcohol into the restaurant. It would be wise for you to locate and consult with an employment law attorney to talk about your rights and your options. Most attorneys will give you a free or low cost consultation and then handle the case for you on a contingency fee basis, meaning you do not have to pay for the attorney unless and until there is a recovery for you. Good luck to you.

Q. My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.: 12 June 2019; A: You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other issues for other employees. But do not try to do this by yourself. For instance, it would be a huge mistake to take this issue to the tax board. You need expert guidance to be sure you do not make a serious mistake. The good news is that attorneys in this area will usually provide free or low cost consultations and if there is merit and value to the case they handle it on a contingency fee basis, meaning you pay nothing unless and until there is a recovery in the case. Good luck to you.

Q. Can a family owned business wave your right to a work-break? Even if theres Documention. Thank you.: 10 June 2019; A: There are no special rules for small or family-fun businesses. There is no provision in the law that allows an employer to ask their employees for a waiver that takes away their right to a rest period. There is a provision in the law related to waving a meal period, but there are very narrow circumstances where that is legally acceptable. First, if you work more than 5 hours and less than 6 hours you and your employer can mutually waive the meal period. If you work more than 6 hours the meal waiver is not legally valid. Second, if it is virtually impossible for you to take a meal period due to the unique circumstances of your job you can be asked to take a working meal period and you should be paid an additional hour of pay. Absent one of these exceptions a blanket waiver signed by an employee about breaks is unenforceable and the employees are entitled to their meal and rest periods, and if they do not get a reasonable opportunity to take those meal and rest periods there are wage penalties that are due to the employee. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.

Q. If I'm currently making 16$ on promotion, should my wage increase if the cities min. wage now surpasses my pay?: 10 June 2019; A: Sorry but no. The minimum wage law is just that, a law that dictates the lowest hourly wage that can be paid in the jurisdiction, subject to some narrow exceptions. The minimum wage law does not legally dictate how an employer must pay those making more than the minimum wage. As long as you are being paid at least the minimum wage, it is acceptable for an employer to give you no pay raises ever. If you cannot convince your employer to keep up with your relative wage, you have the right as an at will employee to leave that job at any time and find other employment where you can be paid a better living wage. Good luck to you.

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Pedersen Law, APC

17910 Sky Park Cir Ste 105

Irvine, CA 92614
USA

Telephone: (949) 260-1181

Fax: (949) 260-1185

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