Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
Here is a simple way to calculate unpaid overtime due to you, if you were not paid overtime because you were incorrectly classified as exempt employee or for some other reasons: Suppose your annual wages are set at $40,000/year. You regularly work for more than 8 hour per day. On some days you work 10 Read More …
Suppose you are a non-exempt employee (i.e. an employee who is not a manager and who is entitled to overtime pay) who was ordered by his employer to attend a training class in another city or another state, which requires you to take long drives or overnight flights to the training destination outside your work Read More …
An employer who forces an employee to clock out despite the fact that that the employee has to continue working after he clocks out violates the law and effectively does not pay that employee all wages due. Many managers do this because they are under pressure from their higher managers to keep the wages and Read More …
One common question employees ask is whether they can be forced to work overtime by their employer. The video below answer this question and also provides other useful tip related to this issue. https://vimeo.com/134523697
California Labor Code section 512(a) generally allows an employer and employee to agree that if that employee works between ten and twelve hours in a day, the employee may waive his right to a second meal period, as long as the first meal period was not waived. This law was intended to allow employees the Read More …
In 2011, the US Supreme Court held in Kasten v Saint-Gobain Performance Plastics Corporation (2011) that even oral complaints by employees about not being properly compensated constitute a protected activity within the meaning of anti-retaliation laws. In that case, the plaintiff brought a retaliation lawsuit against his employer under section 213(a)3 of the Fair Labor Standards Read More …
The California Supreme Court recently held in Mendiola v CPS Security Solutions (2015) that certain security guards are entitled to on call pay for on-call hours including their sleep time. In that case, the claimants were security guards who worked at constructions sites. The resided in a trailer provided by their employer. On weekdays, each Read More …