California Wage Law Attorney

California Labor Code section 2802

s_miller — Tue, 27 Dec 2011 23:21:11 +0000

The California Labor Code section 2802 entitles employees to receive expense reimbursement for all work related costs. These expenses include and are not limited to trainings, mileage, tools, supplies and equipment. In some cases, legal expenses accrued due to work may be reimbursed. Typically, companies have policies and procedures that govern and set deadline on how indemnification will be requested and released.
Unfortunately, there are some employers who use these policies and procedures to evade payment of work-related expenses. There are a lot of clients who consult a California Wage Law Attorney to know what the law provides for them. One question that gets asked so often: In case of conflict between the law and the company policies and procedures, does the requirement of the law override company rules?
Specifically, the California Labor Code section 2802 states that:

“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”
“Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void.”
The statute clearly enunciates the employer’s duty to reimburse all work-related expenses. It also states that there are no internal policies and procedures can nullify nor void this law. There have been numerous cases filed in different California courts against employers who, intentionally or unintentionally, failed to reimburse work-related expenses. Majority of these cases ended in favor of the employee.
Under the California Labor Code, it is the duty of the employer to ensure that all employees receive indemnification for all reimbursable expenses. Although internal policies and procedures are needed to streamline expense reimbursement process, the employer should make every effort to ensure that employees get what they are due.
If you have any issues with regards to expense reimbursement, feel free to contact CaliforniaWageLawAttorney to help you claim what is owed to you.

California Labor Code “Waiting Time Penalties”

s_miller — Tue, 27 Dec 2011 23:18:58 +0000

A lot of upset clients seek the expertise of a California Wage Law Attorney because they usually want to claim what they are owed. These compensations can be in the form of unpaid wages, unpaid overtime, holidays and other similar benefits. Most of these employees are never aware that the California Labor Code entitles them to receive compensation immediately after their employee-employer relationship has been discontinued for whatever reason. On the other hand, there are some employers who evade paying due wages to their employees at the time of termination or resignation.

Under the Labor Code Section 203, employees who were terminated must receive all wages owed immediate upon the serving the termination papers. Meanwhile, an employee who resigned willfully is entitled to be paid all wages within 72 hours after employer’s receipt of official resignation. Employers who fail to pay these wages within this prescribed time limit may be entitled for waiting time penalties. This guarantees the employee full recovery of unpaid wages plus day’s wage for every lapse date. The rate for every late payment must be equal to the regular daily wage, up to a total of 30 calendar days of pay.

For practical reasons, California employers must ensure payment of all wages due upon termination or discharge from function. It is the duty of the employer to monitor compliance with the California Labor Code. This can prevent the likelihood of waiting-time penalty class action litigation. Meanwhile, employees who have pending unpaid wages may need to consider talking with a California Wage Law Attorney to sort out legal recourses available to them.

If you have any concerns regarding unpaid wages and would like to further discuss these issues, it is recommended that you visit www.californiawagelawattorney.com. A legal team will guide you towards the best legal remedy for your case.

California Minimum Wage 2011

s_miller — Mon, 07 Nov 2011 19:26:07 +0000

If you are working in California, you will be delighted to know that state actually offers the highest minimum wage rates in the country. California Minimum Wage 2011 is currently set at $8.00 Per Hour which was last raised in 2008. Unlike in other U.S. States, tipped workers in California are also guaranteed of the full minimum wage. However, the minimum wage law does not apply to commission-based workers or salespeople, student workers and employees who are immediate family of the employer. Furthermore, the minimum wage does not cover exempt workers as specified by the federal law. Disabled and employees of nonprofit organizations are also exempt from the California minimum wage law.
Any employer who violates this law may be litigated in court through the California Labor Code 1194. An experienced California Wage Law Attorney can help employees work through the legal process to receive their just remuneration.
Currently, there are a lot of workers in California whose rights are violated through unjust compensation. If you are in this situation, the best thing that you can do is to seek the expertise of a California Wage Law Attorney. Their knowledge and experience in this field of law can certainly help you sort your situation and give you advice on the best legal action for you.
The California Labor Commission administers the law with regards to wages and worker compensation. Although the labor commission has devoted a Hotline for concerns regarding California Minimum Wage 2011, seeking professional assistance with regards to your situation remains the best recourse. Bear in mind that not all cases are the same and that your case is a unique one. Protecting your rights and choosing which legal action to pursue will depend on the facts and circumstances concerning your case. After careful review and evaluation surrounding your employment and compensation, the California Wage Law Attorney will recommend the best course of action to take.

Managing Workplace Bullying

s_miller — Mon, 17 Oct 2011 19:46:36 +0000

Although workplace bullying is a perennial problem, there are no specific laws that expressly forbid or penalize it. Often, bullying behaviors lead to discrimination, harassment and unfair labor practices. Except for civil rights accorded by law, there are no other rules that can be invoked to stop workplace bullying.
This reason alone makes workplace bullying one of the most difficult concerns that employees and employers, as well, have to deal with.
Typically, workplace bullying arises from the victim’s skill or drive and begins as simple jealousy. It can then take the form of mockery, mobbing, constant haranguing, or angry outbursts. Moreover, there are situations that lead into some serious cases of harassment, both physical and psychological in nature. The whole experience of being bullied is definitely despising. When you’re bullied at work, you often feel alone and dissociated from your peers. You may even feel ashamed about your performance, even when there is no reason to be ashamed of.
Bullying in the work environment can take in different forms. It can involve a coworker, supervisor or a division of the company. In situations where the bully is the immediate supervisor, seeking legal remedies is usually very difficult. These situations would require the expertise of a California Wage Law Attorney to effectively deal with the problem.
Moreover, if the cycle of workplace bullying continues to persist despite voicing out your opposition or reporting the case to the company’s human resources department, you might need to seek the assistance of a proficient California Wage Law Attorney. This one crucial step will help ensure your rights are protected.
Although perfect jobs are rare, federal and state labor laws guarantee that all jobs must foster every worker’s safety and career growth. If your coworkers or supervisor makes your workplace not conducive for work or poses your safety at risk, it might be time to take action.
Regain control and put things in their right perspective by recognizing and doing something about workplace bullying. Contact only a qualified California Wage Law Attorney to handle your situation and solve your problems.

Bullying is Not a Child’s Thing

s_miller — Mon, 17 Oct 2011 19:41:06 +0000

Most of us think that bullying is a child’s thing. But in reality it is not just the eighth graders who are bullied this can happen to almost anyone. In fact, many people face different workplace bullies that tend to make their life hell. Unlike bullying in children, workplace bullying tends to use words and actions that intimidate their victims. It can even result in some sort of emotional and even physical harassment that violates the person’s rights.
Bullying at workplace involves repetitive, unreasonable actions of a co-worker, supervisor, customer or other persons directed towards another worker with the intention to humiliate, degrade, undermine or intimidate the victim. In addition, acts that constitute to workplace bullying put the person’s safety or health at risk.
Bullying behaviors often involve misuse or abuse of power. It creates a feeling of injustice and defenselessness, which negates the person’s right to a dignified work environment.
While most of the bullying circumstances involve abuse of power, there are some situations that involve peers bullying their co-workers. When a group of coworkers targets one employee, this is termed as mobbing. Under state and federal rules, it is the supervisor’s role to intervene immediately to address or stop the cycle of bullying. Unfortunately, most cases of workplace bullying involve the supervisor himself.
If you are in this situation, don’t waste a minute before you report the case to the proper authority. The best way of dealing with the problem is to discuss it with your immediate supervisor or human resources department. Make sure to have necessary documents and evidences to back your claims. If your immediate supervisor is the one involved in the bullying, you can always seek the advice of a qualified California Wage Law Attorney.
A California Wage Law Attorney is in the best position to discuss with you all the necessary legal remedies available to you. Take note that workplace bullying are considered as serious violation of your civil rights and thus requires immediate action from a qualified expert. Being proactive is often the best way of protecting your rights. When someone makes you feel unsafe or uneasy in the workplace, make sure to report it to respective authorities right away.

Forms of Workplace Bullying

s_miller — Mon, 17 Oct 2011 19:39:09 +0000

According to a U.S. labor study, at least 4 out of 10 workers reported experiencing psychological bullying in the workplace which represents 47 million workers. Of this number, 15 million reported being bullied on a weekly basis.
Obviously, workplace bullying is becoming a major problem that employers have long been dealing with. Unlike other unfair labor practices which are explicitly regulated by different state and federal laws, bullying in the workplace seems to persist because of the lack of exclusive that addresses this issue.
Moreover, bullying behaviors are wide and varied. Examples of workplace bullying include:
• Invalid or baseless criticism
• Unwarranted blame
• Being treated differently (usually the negative way) that your peers
• Being treated in obscene manner
• Dissociation or exclusion from others
• Being humiliated or shouted
• Exaggerated micro-managing or monitoring that limits your movement
• Being give tasks that cannot be completed on deadline
Workplace bullying can likewise occur as a normal workplace culture and hence no one seems to bother being subjected to its undue effects. This situations are often referred to as corporate or institutional bullying and tends to be the most difficult to handle. Since the bullying behaviors are accepted as regular part of culture, workers end up ignoring their own rights against bullying.
In such cases, only an experienced California Wage Law Attorney can guide you towards establishing your rights.
Workplace bullying can do not good for any organization. In the long run, it does not only violate worker’s rights but also harms the productivity of the organization. Typically, a workplace that breeds a culture of bullying tends to have low productivity. Staff turnover, sick leaves and worker morale are obviously sacrificed when there are bullies.
Although it is the employer’s duty to ensure the workplace safety and conditions, workers can protect their rights by being well informed. Seeking the help of a California Wage Law Attorney will definitely help uphold your full employment rights.

Harassment in the Workplace

s_miller — Mon, 17 Oct 2011 19:35:46 +0000

Victims of workplace harassment are usually horrified when they try to seek legal remedies for their situation. Often than not, employees fail to recognize their rights and thus leads to inaction. The cycle of harassment continues to thrive turning the work environment even more hostile.
So what constitutes workplace harassment?
Harassment in the workplace is any form of unsolicited action toward an employee that makes the job more difficult to complete. While the harassment may be based on different factors; culture, age, gender, race, sexual orientation and creed are the most common causes of harassment. In addition, harassment is often associated with abuse or misuse of power.
Fortunately, there are specific state and federal labor laws that protect workers from undue job abuse. A qualified California Wage Law Attorney can help sort out all legal recourses available for you. These experts in labor laws will assist you in claiming just remuneration should harassment be proven.
Basically, the California Wage Law Attorney will have to prove several factors to establish a valid workplace harassment claim. First, the act must be offensive and unwelcome to the victim. Second, the target must express his or her objection to the harassing act. The person must demonstrate actions that prevent the incidence from happening again. Finally, the nature of the behavior puts unnecessary strain or makes the employee’s tasks more difficult to carry out.
Unwelcome sexual advances from coworkers or supervisor are some of the most common forms of workplace harassment. This can happen to both male and female employees, and will usually entail tempting bargain such as assurance of employment or promotions. Harassment in the workplace can also take the form of insulting jokes or irresponsible remarks that directly attack a person’s belief, gender, age or disability. There are countless intimidating behaviors that actually constitute workplace harassment.
If you feel unsafe and insecure in your workplace or you find actions of another employee as offending and harassing, you must not delay seeking the advice of a California Wage Law Attorney. These experts will definitely safeguard your rights.

Can I Sue My Employer If I Am Paid Less Than Minimum Wage?

s_miller — Thu, 01 Sep 2011 17:59:50 +0000

Yes. Generally, employees who are paid less than the California Minimum Wage are entitled to file claims for back pay or unpaid wages. However, the employee must prove in court or the California Labor Commission the employer’s willful violation of the California Labor Code.
The current California Minimum Wage is $8.00 per hour. Unless exempted by law, such as apprentices, learners, workers with disabilities and commission-based salespersons, California employers are required to pay their employees more than the state minimum wage. However, in some cities and business districts where a local minimum wage ordinance has been enacted, the minimum hourly rate will have to be followed.
If your employer pays you less than the California Minimum Wage, you may be entitled to collect the unpaid wages and liquidated damages, as specifically provided in California Labor Code Section 1194.2. Seeking the assistance of an experienced California Wage Law Attorney is the best thing for you, should you find yourself in this legal predicament.
The California Wage Law Attorney will review and evaluate your case, and depending on the violations committed by the employer, your legal counsel will have to file necessary legal action. Employees will usually have several options when considering how to claim unpaid salary, overtime compensation, liquidated damages and other financial benefits.
First, the parties involved (employee and employer) can come to a mutually agreeable negotiation and settlement agreement. As much as possible, employers will settle labor issues through informal negotiations to avoid getting dragged in the tedious legal process and avoid potential penalties. Although many California Wage Law Attorneys considered this an effective approach, employees are often at the losing end.
Second, you can file a wage complaint with the California Labor Commission through the Division of Labor Standards Enforcement. Wage claim filed with the DLSE can only recover unpaid wages and benefits in the last three years. Technically, claims filed with the Labor Commissioner are not considered lawsuit and are often resolved within 3 months. Although anyone can file a wage claim, seeking the professional advice of a proficient California Wage Law Attorney would be beneficial for your case.
Finally, you can choose to file a claim in the Superior Court to recover back pay, penalties and applicable liquidated damages. In most cases, filing a lawsuit before the courts is the best recourse because the employee may recover certain penalties which are not usually awarded if the case is remedied by the Labor Commissioner.
The bottom line: the California Labor Code entitles all employees to just compensation and recovery of all necessary compensation. With the guidance of a California Wage Law Attorney, you can receive what is due you.

California Labor Code Section 1194.2 “Liquidated Damages” When Paid Less Than Minimum Wage

s_miller — Thu, 01 Sep 2011 17:55:10 +0000

Under the California Labor Code, employees covered by the wage and hour laws may be entitled to receive liquidated damages for employer’s failure, underpayment or nonpayment of wages and benefits. With the help of a California Wage Law Attorney, the aggrieved employee can claim unpaid back pay, wages or overtime pay.
What are Liquidated Damages?
The state labor law, as much as federal laws, mandates employers to pay their workers within the required California Minimum Wage. Violation of the wage and hour laws may be a valid ground for claims of liquidated damages.

Unfortunately, majority of employees, as well as employers, are not aware of the full effects of California Labor Code Section 1194.2. This section of the law entitles employees “to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon.” Moreover, the law guarantees compensation of all necessary legal expenses arising from the implementation of the law.

Liquidated damages are considered as an award of damages or penalty assessed against employers proven to have violated the wage law. Under the California Labor Code, the amount of liquidated damages is equal to the unpaid or lost wages. Take note, however, that the California Labor Code Section 1194.2 likewise protects employers from unnecessary claims. Specifically, this section puts the burden of proof on the employee, which means the employee must prove the employer’s willful violation of the law. As such, it is necessary to hire the services of a California Wage Law Attorney to strengthen wage claims. While most courts presume that the employer willfully committed the violation, some cases end up with negotiation because of the employee’s failure to prove direct neglect of the law. This underlines the importance of having a California Wage Law Attorney to guide employers throughout the legal process.

Generally, complaints about unjust compensation and labor practices are initially addressed by the California Labor Commission. But for more serious cases, filing a lawsuit before an administrative court may be necessary. Aside from liquidated damages, the court may rule the employer payment of prejudgment interest as well as punitive damages, which are an award of money entitled to the aggrieved employee.

The California Labor Code can be complicated, and a qualified California Wage Law Attorney can best assist you with any question or labor claims you have in mind.

What Can I Do If My Employer Pays Me Less Than The California Minimum Wage?

s_miller — Thu, 01 Sep 2011 17:50:28 +0000

The California Labor Code requires all employers operating within the state’s jurisdiction to pay no less than the California minimum wage for all hours rendered by their employees in service, regardless of how the employee is paid. For workers who are not compensated in a fixed hourly wage, including commission-based or salespersons, the prescribed minimum wage stands as a baseline, from which their salary must not be lower, regardless of low sales or low productivity totals.

At present, the California minimum wage is $8.00 per hour, except for some locales and business districts where ordinances mandating a higher hourly rate is in effect. Generally, the state minimum wage in California is higher than the federal minimum wage.

California Labor Code is strict with the implementation of the minimum wage rule. Specifically, the California Labor Code Section 1194.2 guarantees workers of claiming all unpaid wages plus interest and liquidated damages applicable. Normally, an employee is entitled to claim unpaid salary going back three years from the date of filing the lawsuit, with rare cases of claims extending back to four years. While filing a claim against employer may sound simple, the legal process is often complicated especially for lay people. As such, the expertise of a qualified California Wage Law Attorney is crucial in ensuring just remuneration for all the unpaid wages as well as liquidated damages.

Provisions in the California Labor Code are straightforward, if your employer pays you below the minimum wage or misclassifies you as an exempt employee and denies wage benefits such as overtime rate, the employer may face considerable penalties for violation of the law. Employees in this situation can request remedy from the California Labor Commission which is mandated by law to handle labor claims. If the claim is not satisfactorily remedied by the Labor Commissioner, the employee may choose to file a suit in court. A California Wage Law Attorney can help review your case and determine all possible violations. Proper interpretation of the labor laws is crucial in strengthening your case and thereby ensuring just claims.