California Labor Law Attorney

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Every employer in the US, with 2 or more employees, has an obligation to display the current State and Federal Labor Law Posters. These are designed to present important information in a clear format for employees and must be displayed where they can be easily seen by all workers, for example in a break room or near the main entrance.

While most businesses will be required to post the same Labor Law Posters, the specific that your company will need to display varies depending on the type of business that you run, for example a construction company may have different law requirements to a legal firm. Some of them do not need to be displayed if they do not apply to your company because, for example, you do not have the required number of employees. Whatever the size or type of your business it is mandatory that you display all of the correct law posters that are applicable for your premises.

These law posters must be displayed in a language that can be understood by all employees. If a single employee does not write or speak English, these must be displayed in a language they do understand. They cover all aspects of employee rights. Occupational Safety and Health Administration (OSHA) posters detail important health and safety information about the workplace, as well as outline the proper procedures for reporting any concerns about related work conditions. While The Department of Labor issues law posters covering content such as minimum wage, disability rights, family leave and other important legal topics for employees.

Since the labor laws vary from state to state, in addition to Federal laws there are also unique State law posters. These outline any labor laws that are specific to your particular state and must be displayed alongside the other laws applicable to the entire U.S.

As laws are constantly being revised and changed, it is also important that you display the most recently updated laws. The latest 2010 Labor Law Posters should replace any older versions within your workplace immediately in order for you to continue to meet the mandatory compliance regulations.

Purchasing Osha4Less’s 2010 Poster Compliance solution will mean that you will automatically be sent the latest updated laws for the remainder of 2010, so you never have to worry about being out of date with your compliance.

Perception is Reality – Discipline with Care!

Disciplining and firing employees is one of the most crucial areas for consideration as an Employer. As a former plaintiff’s counsel, I know that the way in which an employee perceives his or her final disciplinary action or termination meeting is the most significant factor in determining whether a lawsuit will be filed. The way these things are done will determine the anger level of the employee. Anger is the most important motivator to push an employee to a plaintiff attorney’s office.

Believe it or not, most employees, and people in general, do not want to go through the pain of dealing with a lawyer and the expense of the litigation process. This is true even given the fact that the costs for a plaintiff are generally much lower than for the employer.

The way an employee is made to feel during the discipline and termination process can make the difference between an employee calling an attorney or not, and the difference between an employee simply consulting an attorney for the purpose of finding out his or her rights versus hiring an attorney to sue that scum-sucking employer of theirs no matter what the costs.

If you make an employee feel that he needs to regain his dignity or sense of fair play, you will in most cases find yourself in litigation whether you have done something that can be construed as a violation of the law or not.

Please understand that while some plaintiff’s attorneys will take a “good case” without a retainer fee, most plaintiff’s attorney’s will not take a “so-so case” without a substantial fee and/or cost retainer. Not all lawyers are ethical, and some, when motivated by a cash retainer, will sue anyone for any reason. Your treatment of the employee will often determine whether he or she is willing to “cough up” that retainer fee or not.

Like a well-traveled road, the road leading to the termination of an employee can be filled with potholes and a virtual “accident waiting to happen” to those unfamiliar with where the hazards are located. Too often, the traveler is also so anxious to reach his destination that he forgets to heed the warning signs or to exercise caution, prudence and patience during the journey. When that happens, an accident – or in this case, an administrative charge, a lawsuit, or a grievance to contest the termination – is almost inevitable.

There is no way to guarantee that any wrongful termination will be without liability. There are too many “players” beyond the decision-maker’s control: the terminated employee, the plaintiff’s bar, a court or administrative body, or a jury. However, that risk can be greatly minimized if one knows the road he is about to travel and drives it carefully, following a few simple “rules of the road.”

By: Terrence B. Robinson

The California Labor Law  covers a wide range of topics and statutes that aim to protect the welfare of the employees without displeasing the various rights and privileges of the businesses. These law provisions intend to make a balance between the labor and the business sectors. However, because of the many discriminative acts done by some employers, this balance has yet to be achieved.

One of the discriminative performances of employers that have been causing disputes in the workplaces involves racial prejudice. Although the prevailing labor laws forbid pointing out employees just because they belong to a different race, many companies still make it difficult for some individuals to be treated fairly in various aspects of employment. These include:

• hiring process
• task assignment and workloads
• salaries
• use of company facilities and equipment
• benefits
• promotions
• seminars and skills training
• dispute resolution
• employment termination

Types of Workplace Discrimination

There are two possible ways an employee may be discriminated in his job. These are:

• Disparate Treatment – this pertains to the simple acts of discrimination done by employers. It involves unfair treatment to the employees who belong to different law protected classes such as race, gender, religion, nationality and even age. Usually, this happens when an employer or a fellow worker uses insults or offensive comments or acts, directly or indirectly, to humiliate an employee creating him a hostile work environment that may also affect his job performance.

• Disparate Impact – this pertains to the implementation of company rules and policies, which exclude particular classes regarding job applications, promotions and wage increases. For an instance, a company has implemented a rule limiting a writer position to white Americans. They may be liable for an offense since an individual’s color or race may not considered as an important factor as regards to his ability and skills in writing.

Legal Remedies

The Racial Discrimination Laws guarantees protection to those employees who may have been unlawfully harassed or discharged from their work due to their race distinct from the majority. If they were able to prove a discriminative act of their employers, they will be entitled of the following reimbursements and damages:

• payment for their past and future loss of wages and other benefits
• general damages that may include pain and suffering, emotional anguish and loss of enjoyment
• punitive damages as may be determined by the court
• reimbursement for their attorney’s service fees

Discriminated employees indeed have all the rights given to them by the law. Yet, due to the probable limitations of their knowledge about their rights, it is necessary for them to appoint an experienced labor attorney to handle their cases. This will certainly increase their possibility of obtaining justice and acquiring damages from their misbehaved employers.

by Rainier Policarpio

One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and in very basic terms it means that the employee is therefore is not eligible for overtime. California labor law addresses what criteria are necessary in order to classify employees properly. This law relates specifically to the California administrative exemption, the California professional exemption, the California executive exemption, and the California outside sales exemption. “California” is stressed because the federal labor laws are slightly different than those of the state of California. As an employer or employee it is wise to educate yourself on your state’s employment laws or the consequences could be costly.

It’s also important to note that in California, whenever a labor law dispute is brought to court, the burden of proof is on the employer. This means it is the employer’s responsibility to prove that they are not guilty of the violations they are accused of committing. Lastly, and most importantly, for the most part, the actual job duties that an employee performs determine whether or not they are exempt, not the job title given to them.

The California administrative exemption statute states that in order for an employee to be classified as exempt the employee must perform office work or non manual work that is directly related to policy shaping or business operations. This means that the employee must have the power to issue and enforce company policy. It does not necessarily apply to workers that are allowed to exercise discretion in their daily job function, within the parameters or guidelines of existing company policy. This can be confusing, but a very generic example of California administrative exemption may be helpful. A non exempt employee does not have the authority to create new rules that other company employees must follow, but an exempt employee would have this authority.

The California professional exemption most commonly refers to professional occupations that require a California state license, such as dentistry, engineering, optometry, law, medicine, architecture, teaching, or accounting. However, nurses and pharmacists are1000rarely included as exempt under the California professional exemption law. The most common mistake among employers is to misclassify employees that have not yet received their licensing from the state.

The most frequently used defense by employers is that their employee can be classified exempt under the California executive exemption. Although, it is actually the hardest exemption to qualify for because it requires that the employee perform ALL of a long list of criteria named in the labor law, not just some. To be more specific, the California executive exemption requires that the exempt employee have the ability to hire or fire other employees or at least have a highly valued opinion in this matter. It also requires that the employee directly manages the work of two or more employees or the equivalent of 80 hours a week. This exempt employee must be in charge of the entire department or unit they are managing and regularly exercise discretion and independent judgment on the job. This employee must also be paid a salary of twice the California minimum wage.

The California outside sales exemption differs slightly from federal law in that California does not regard “exempt work” duties incidental to the employee’s sales or solicitations, including incidental deliveries and collections. This difference in law is significant for route salespeople and others who perform many other functions in an average day, such as delivery, repair, and maintenance. California outside sales exemption applies to an adult worker that spends over half his or her time away from the employer’s place of business selling or taking orders for an actual product or service. The final area that is different about the California outside sales exemption from the other California exemption laws is that is does not require that the salary be “twice the minimum wage amount”. Often times these jobs have opportunity for commissions or bonuses.

With such specific regulations to comply with, it is extremely important that as an employer or as an employee you are well aware of how to classify yourself or others. Under California law, the employee has up to four years to file a lawsuit to claim any wages that were not paid as a result of being misclassified as exempt from overtime. Additionally, if the court finds that the employer knowingly and intentionally misclassified the employee, the financial ramifications can be exceedingly detrimental. As an employee if you suspect you have been misclassified, you may want to contact the California Labor Board Laws or a California labor law attorney to help you claim the money that is owed to you.

By: mansi gupta

The State of California And Overtime Rules 
 
California is a state in which employers are required to pay employees overtime pay. There are several general overtime rules in California. Employees must not work more than eight hours in one day or more than forty hours in a single week. If an employee works overtime (more than eight hours in a day or forty hours in a week) the employer is obliged to pay that employee overtime pay. The rate of overtime pay in California is one and a half times the employee’s hourly pay. 
 
Long Work Days 
 
According to the overtime rules in California, employers are allowed to let their employees work more than eight hours in a day, provided that they pay overtime pay at a rate of one and a half times the normal hourly rate of pay for every hour over eight hours worked. Employees may work up to twelve hours in a day at time and a half pay. If an employee works more than twelve hours in a day, the rate of pay then jumps to twice the normal hourly rate of pay for every hour over twelve hours worked. 
 
Salaried Employees And Overtime Pay 
 
Salaried employees are entitled to overtime pay in accordance with overtime rules in California. The same rule applies to salaried employees as does to hourly employees. The only difference in the rule is how the overtime rate is calculated. A salaried employee’s monthly salary is multiplied by twelve, then divided by fifty two to get the weekly salary amount. That amount is then divided by forty(the number of hours worked in a work week before overtime is paid)to determine the hourly rate. The overtime pay rate can then be established. It should be noted that there are a number of jobs that qualify as exemptions to the California overtime rules which means that those employees may not be paid overtime. Check with your human resources department to see which jobs in your company are exemptions. If you think you should have been paid overtime pay and were not, you may have to file a wage claim against your employer to receive the pay you deserve. Finding an experienced California labor law attorney to assist you will ensure that your claim is filed correctly. 
 
Filing A Wage Claim To Get The Overtime Pay You Are Due 

  It may become necessary for you to file a wage claim if your employer refuses to pay you for overtime that you legitimately worked. If this is the case, you should immediately contact a California labor law attorney. An attorney will make sure that your rights are protected and that you get the overtime pay that you deserve.. Your attorney will also be sure that your wage claim is filed accurately and completely to avoid any delay in receiving the compensation you deserve. If you have any questions or concerns about California overtime rules and overtime pay, don’t hesitate to contact a professional California labor law attorney today. 
 

With a downturn in the economy, many employers are cutting back on payroll. Unfortunately, some employers are reducing payroll costs by violating the California overtime laws. When this occurs, employees have essentially two options to recover their California overtime pay: the California labor board, or hiring California family law attorneys.

Although the California Labor Board is a commonly known option that is a free service to the public, as you will see, in some cases “you get what you pay for.” There are some little known facts about the services provided by the California labor board that will be explained in this article.

• The California labor board, unlike California labor law attorneys, typically handles cases below $7500.

• The California labor board does not attempt to recover the 4th year of California overtime pay under the California Unfair Competition Statute. California labor law attorneys seek to recover up to 4 years of California overtime pay for their clients.

• Certain penalties are not pursued by the California labor board. California labor law attorneys may pursue all penalties under California overtime laws.

• Attorney fees employees incur are not recoverable by the California labor board pursuant to California overtime laws.

• Your employer may appeal any award by the California labor board pursuant to California overtime laws. If this happens you may need to hire California labor law attorneys to assist you. Also under California overtime laws on appeal, the prevailing party may be awarded attorney fees. An important point here is that if you handle your case through California labor law attorneys from the outset, if you prevail your employer may have to pay your attorney fees and costs.

Outlined below are the steps for requesting an employee matter ruling from the California Labor Board:

1) Typically the employee will file a complaint at the California Department of Labor with the California Labor Board and the employer will be notified via mail of the complaint, pursuant to California overtime laws.

2) A non-binding mediation is then scheduled by the California Department of labor at the Californi 1000 a Labor Board and the employer is made aware of the specific claim made by the employee and the amount of monies that are being claimed. The California Labor Department may also add statutory penalties and or interest to this amount on behalf of the employee.

3) If the matter does not settle at this mediation, a formal hearing is set at the California Department of Labor, California labor board, and the employee and employer may have legal counsel present to represent them. The California state department of labor will have an administrative judge conduct the hearing and both sides will have a chance to present their side, any evidence and any witnesses.

4) Upon hearing the matter, the California Department of Labor, California labor board laws will issue a ruling. The California department labor rules provide that all parties may be represented by counsel at the Superior Court hearing and the case is conducted as a civil trial.

If you are faced with a violation of California overtime laws by your employer, it is important to consider both your options on how to best pursue your overtime claim. Hopefully the summaries provided above have equipped you with some basic, yet little known information, about the differences between using the free service provided by the California Labor Board or retaining experienced California labor law attorneys to handle your legal matter.

By: mansi gupta