Michael Malk
Employee Rights Attorney Fighting for You Throughout California
For several years, Michael Malk aggressively litigated cases for a plaintiff's firm in Los Angeles, obtaining exemplary results for his clients in cases against some of the biggest companies in California who were represented by some of the biggest law firms in the nation. Since founding his own law firm in 2007, Mr. Malk continues to zealously represent his clients' interests. He understands that each client and each case is different. Some cases are amenable to early resolution so that the parties can obtain a sure result and move on with their lives without the stress of litigation, while other cases must be litigated through trial. Whatever the case, Mr. Malk is sensitive to his client's goals, and works with them to effectively and economically maximize their results.
Mr. Malk regularly represents clients throughout California in the following types of cases:
- Sexual harassment
- Sexual assault
- Meal Breaks
- Rest Breaks
- Discrimination (racial, religious, gender, LGBQT)
- Retaliation and Whistleblowing
- Failure to pay wages and overtime
Further, Mr. Malk has developed a niche in the class action arena in lawsuits on behalf of employees who are subjected to illegal labor practices such as having to work off-the-clock, not being paid wage and overtime, and not being reimbursed for business expenses.
Mr. Malk received his B.A. from U.C. Santa Barbara, and his J.D. from the U.C. Davis School of Law. He volunteers his time to community service organizations, and is committed to fighting for workers' rights. If you would like your case evaluated at no charge, contact us for a free consultation.
We take cases throughout California (including Fresno, Oakland, San Bernardino, San Diego, Riverside, Los Angeles, Los Angeles, Visalia, Merced, Salinas, Santa Barbara, San Francisco, San Jose, Santa Clara and more).
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Sexual Harassment
- Retaliation (Employment)
- Sexual Assault
- Unpaid Overtime
- Meal Breaks
- Free Consultation
- Contingent Fees
- California
- State Bar of California
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- Washington
- Washington State Bar Association
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- English: Spoken, Written
- Attorney/Owner
- Malk Law Firm
- - Current
- Attorney
- Eisenberg & Associates
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- University of California - Davis
- J.D. (2002)
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- University of California - Santa Barbara
- B.A. (1998) | Philosphy and Political Science
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- Super Lawyer
- Super Lawyers Magazine
- Super Lawyer (2016 - 2021)
- Southern California Top Attorney
- Los Angeles Magazine
- Client's Choice
- AVVO
- Top 100 Member
- National Advocates
- Washington Employment Lawyers Association
- Member
- Current
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- Los Angeles Bar Association, Labor and Employment Law Section
- Member
- Current
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- State Bar of California, Labor & Employment Law Section
- Member
- Current
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- State Bar of Washington, Labor & Employment Law Section
- Member
- Current
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- National Employment Lawyers Association
- Member
- - Current
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- American Bar Association
- EEO Committee Member; Wage and Hour Committee Member
- - Current
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- California Employment Lawyers Association
- Member
- - Current
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- State Bar of California # 222366
- Member
- - Current
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- Q. I work in the state of California as an outside sales rep. Is my employer required to pay me for my travel expenses?
- A: Your employer has an obligation to reimburse your reasonable and necessary business expenses, including paying your mileage expenses - the applicable statute is Cal. Labor Code Sec. 2802. You are entitled to reimbursement for mileage expenses between work locations. This means you are not typically owed expenses from traveling from home to work unless you have a home office, but you are owed mileage expenses (and wages) for traveling between business locations. Your employer cannot claim that you are somehow waiving your right to these expenses - the Labor Code goes so far as to say that any agreement to forego your expense reimbursement is invalid. (Cal Labor Code Sec. 2804).
Good luck. ... Read More
- Q. can my job takwe out 30 minutes off my time card even though i never took a lunch or break?
- A: No, they cannot do that. You are entitled to payment for all of your work, and it sounds like your employer is stealing thirty minutes of wages from you for each day you work. Not only are you owed your unpaid wages, but you are likely also owed a "meal break premium payment" of one hour's pay for each day on which you couldn't take a timely, off-duty meal break, as well as penalties.
I suggest that you contact a lawyer to discuss to assist you. One excellent resource is the California Employment Lawyers Association.
Michael Malk
- Q. In California, what is considered a break at work
- A: You are correct - those are not breaks. Your employer has a duty to authorize and permit you to take timely 10 minute off-duty rest breaks. These rest breaks must be truly off-duty to be considered rest breaks. If you are still required to perform job duties, or even to be on call in the event that a car arrives, then it's not an off-duty rest break. An employer can be liable for one-hour's pay for each day an which it did not authorize and permit a paid rest break to an employee. The statute of limitations for this claim is three years, but can be extended to four year when pled properly in court.
I suggest that you contact a knowledgeable employment attorney regarding your your ... Read More
