I meet with a lot of attorneys in my bay area network, and it became clear from the testimonials and feedback at various business groups that Michelle Ferber is the “go-to” attorney for all employer labor matters. She recently gave a presentation on the latest “progressive” labor law, AB-5, added to the very long list of legal requirements California employers must navigate.

While AB5 does not generally apply to sales, it does apply to positions that support sales, so I thought it would be helpful to share. There is an exemption for “Direct Sales” in the law, which pertains to those in the market selling goods direct to the consumer, usually in the home – not a B2B role.

Since I do a lot of specialized sales compensation plans, it is my practice to keep abreast of adjacent laws and issues that may impact the sales organization. My thanks to Michelle for freely sharing some of her great depth of employment law with us.

-Don McMahan

MICHELLE R. FERBER, Managing Shareholder

Michelle is an employment and business lawyer, defending employers in actions involving harassment, discrimination, retaliation, wrongful termination, wage and hour violations and business torts.  Michelle is a highly skilled trial attorney and regularly appears before various state and federal governmental agencies.  Michelle’s experience includes jury and bench trials, arbitrations, appellate arguments in both state and federal court and the defense of wage and hour class action lawsuits.

In addition to her litigation practice, Michelle regularly advises clients on employment law issues in the workplace, including the proper handling of termination and discipline decisions, workplace accommodation issues, and leaves of absence.  Michelle provides her clients with all the advice and litigation expertise they need to stay current and compliant in the ever-changing landscape of employment laws and regulations, while recognizing the balance of business realities and economics.

Michelle Ferber, Employment Attorney