John P. Martin & Associates - A Professional Corporation 365 Broadway Ste. 204    
El Cajon, CA 92021    
(619) 401-0354    
Fax: (619) 401-6718    
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At John P. Martin, Attorney at Law, we believe that all employees are entitled to perform their duties in an environment free of harassment and hostility. While no workplace is perfect, many employees don't know their rights have been violated until it is too late for them to take legal action. Aggressive personal representation can make an important difference...and we get results! Each result is tailored to our clients unique needs, We have successfully settled cases for hundreds of thousands of dollars, or in class action employment cases such as Albrecht v. Rite Aid, we were able to set aside $25 million dollars of potential recovery for thousands of employees. Whether you want to draft an employment agreement or you believe your legal rights have been violated because of your age, race, sex, gender, or disability or breach of employment contract, we are prepared to handle your unique situation and give your case the personal attention you should expect from your lawyer.

Often, employees do not know their rights, and employers trample upon those rights. KNOW YOUR RIGHTS!


In California, you are entitled to a 10 minute break for every four hours worked, and you are entitled to an unpaid thirty minute meal period for every five hours worked. The penalties are up to a full hour of pay for every day you do not receive your meal breaks. This adds up to substantial monetary amounts, particularly if you include thousands of similarly situated employees. DO NOT WAIVE YOUR RIGHTS; DO NOT SIGN ANY AGREEMENTS WAIVING YOUR RIGHTS TO THESE BREAKS! SPEAK TO AN ATTORNEY.


If you are salaried and spend 50% or more of your time performing non-management tasks, you may be entitled to overtime in the last four years of your employment. For example, if you perform the same work as hourly employees, you may well have a case. The examples include, but are not limited to; making food, cashiering, customer service, stocking product on shelves, loading and unloading trucks. Management duties typically include hiring and firing and training employees. Most often, "managers" spend most of their time doing "grunt work" ie: the same work performed as hourly employees.

It does not matter in California what an employer places on a title such as "manager" What matters is what you do and how you spend your time and what you do with that time. Titles are not important under California law. If this sounds like what you do, you may be entitled to overtime and penalties. Please contact us immediately. You may be entitled to 1.5 or even double your wages for every hour above 40 worked in the last four years. This can be a substantial monetary amount. Do not waste time asserting your rights! Contact us!

The statements on this web site are for information purposes only and not to be construed as a promise or guarantee of any type on the outcome of your particular case and is NOT legal advice. A statute of limitations may apply to your potential claim. This web site does not create an attorney client relationship. This firm limits its practice of law to the State of California. Individual results can and do vary from case to case.

Copyright © 2013 John P. Martin, Attorney at Law