There are over 100 federally-recognized Indian tribes in California. These tribes contribute immeasurably to the cultural and economic fabric of our state. Tribal entities, such as the many tribally-owned resorts and casinos throughout California, present exciting business opportunities, and recreational activities for businesses and consumers.
But, it is important to understand that federally-recognized tribes are sovereign governments with their own laws. Therefore, they are subject to the jurisdiction of California’s courts only in limited circumstances. If you are transacting business with a tribe, or if you find yourself in a dispute with a tribe, it is important that you have an attorney who knows the scope of your rights, how to protect them, and whether you have a remedy.
Mr. Twietmeyer has experience working closely with both tribes and injured individuals. In 2015, Mr. Twietmeyer successfully appealed the dismissal (based on tribal sovereign immunity) of a client’s tort action against five elected officials of the Pechanga Band of Luiseño Mission Indians in Cosentino vs. Fuller, G050923 (Cal. Ct. App., May 28, 2015). The case sent shockwaves through Indian country by clarifying that individual tribal elected officials are not immune from suit for tortious conduct that exceeds the scope of their statutory authority.
Whether you want to negotiate a business transaction with a tribal business, or you have been injured by a tribal entity, Mr. Twietmeyer understands the unique challenges and opportunities that you will face, and he can assist you in formulating a course of action that will maximize the protection of your rights.
It sometimes feels like the cards are stacked against individuals and small businesses in our global economy. Our legal system is intimidating, costly, and all too often, aggravatingly slow. But with a little perseverance and the assistance of excellent legal representation, your rights can be vindicated.
Mr. Twietmeyer has successfully represented clients in retrieving unpaid wages, appealing criminal convictions, negotiating settlement of wrongful termination claims, and resolving landlord tenant disputes. Whether you’re a large corporation or just an individual, when you have been wronged, vindication is a must. Mr. Twietmeyer understands that, and can help. Contact Mr. Twietmeyer for a free interview.
Both California and Federal laws protect California workers rights to be free from discrimination in the workplace and to be timely and adequately paid for their work. For example, employers in California must pay employees an hourly wage of at least $8, and must pay employees time-and-one-half for every hour worked in excess of forty hours per week. Employers must pay their employees on time (at least twice per month) and must permit employees time for meals and break periods. Failure to do any of the foregoing can lead to significant liability and penalties. In a misguided effort to skirt California's wage and hour laws, employers sometimes improperly classify employees as independent contractors or even as unpaid interns. That too is unlawful and can give rise to significant liability and severe statutory penalties. California workers are protected from discrimination in the workplace on the basis of age, disability, medical condition, gender, race, ancestry, national origin, religion, and sexual preference.
If you believe you are the victim of unlawful payment practices, or workplace discrimination, call Mr. Twietmeyer for a free and confidential interview.
Business transactions and disputes can be very complex. The contracts you enter (whether written or oral) can have profound impacts on your business and your personal rights. Investing in good legal representation early on can help you avoid costly litigation that may arise from a poorly-drafted agreement or an ambiguous oral agreement. On the other hand, even the best contract is no guarantee that a dispute will not arise. In the unfortunate event that you find yourself in a legal dispute, it is crucial that your business have strong litigation counsel.
Mr. Twietmeyer has extensive experience with both the negotiation and drafting of contracts and the resolution of contract disputes (whether through litigation, arbitration, or mediation). Mr. Twietmeyer can help you find the most practical solutions for your business's legal issues.