What to Do When Not Being Paid for Work or Overtime

When you are not being paid for work performed or overtime wages, your employee rights are being violated. In California, wage theft occurs more often in particular industries: construction, health care, hospitality, restaurants, agriculture, garment manufacturing, janitorial, guard and security services.

Lawyers say that when you're not being paid for your work, the most important thing to do is document everything. Log all instances of being unpaid or underpaid wages with the date and time and work performed, as soon as they occur. The more evidence you can give to lawyers of instances of unpaid wages, the more compensation a lawyer will be able to get for you. If other employees are also cheated out of their wages, be sure to tell your attorney, as a class action lawsuit can be very strong.

Not being paid for work performed commonly violates one of these:

• All employees must be paid minimum wage, at the very least, regardless of immigration status (e.g. illegal or legal). At the time of this writing, minimum wage is $9.00 an hour in California. Minimum wage, in California, will increase to $10.00 an hour on January 1, 2016.
• Employers are required to pay their workers overtime when any time over 8 hours a day or 40 hours a week is performed at a rate of one and a half times the wage per hour for time worked over 8 hours a day and two times the wage per hour for time worked over 12 hours a day.
• Time spent traveling as part of a work activity must be paid and considered as hours worked, such as travel between job sites. Employers must also reimburse workers of expenses incurred during this time, such as payment of gas used or parking fees.
• Breaks required at the workplace must be paid. Employees should be allowed to leave the place of employment for rest and meal breaks. If the employee is not permitted to leave the workplace, during a break, the employer must pay for their time.
• Employees must be paid for work "suffered or permitted" even if the employer does not specifically authorize the work. If the employer knows or has good reason to believe that the employee is continuing to work then that time must be considered as time worked. This commonly occurs when the employee takes home work to perform and the manager knows the employee is taking work home or the employee is working past their normal working hours. Even though the time worked was unscheduled, the employee was "suffered and permitted" to work and the manager was aware of it.
• Workers required to remain on-call and their lives suffer because of it, such as by restriction of activities or geographic location, must be paid for the hours worked while on-call. In other words, if an employee's freedom was constrained  by being on-call, the employee must be paid for time worked at his regular wage per hour or overtime rate, if the hours worked on-call are calculated to fall in the range of overtime work.

Lawyers say there are many more ways workers can be cheated out of their wages or hours worked. Thus, it is always best to speak to an attorney with expertise in employment and civil rights laws, such as the lawyers from LibertyBell Law Group.

Wage theft occurs more to illegal aliens and undocumented immigrants because many do not know their civil and employee rights. Civil attorneys in California emphasize that everyone is entitled to receive at least minimum wage and be paid for all time worked and the employee's immigration status does not matter. The courts and judges do not care about the immigration status of an employee when a labor complaint or employment lawsuit has been filed. It is illegal for a business being sued or investigated for a labor complaint to bring up immigration status or report that issue to law enforcement or government agency.

Employment law lawyers from LibertyBell Law Group know how to protect your rights and get you the most compensation for the time you have worked and not been paid and damages suffered. Our lawyers in California have expertise in employment law, lawsuits and settlements. Most of the time, our attorneys are able to get clients the best settlements without even going to trial. Though, if necessary, our employment law lawyers will not hesitate to file a lawsuit to get you the compensation and justice you deserve.

If you believe you have not been paid for work you did, overtime or have had any of your employee rights violated, call LibertyBell Law Group attorneys now at 855-200-ATTY (855-200-2889).

LibertyBell Law Group attorneys have won many awards and are well-known for their expertise in civil law. The attorneys also have top client reviews as they are dedicated to giving clients the best legal representation. They are the Newsweek 2015 Legal Superstars.

Independent Contractor Jobs are a Hotbed for Wage & Hour Lawsuits

Independent contractor jobs are often misrepresented to job seekers by employers either in error or to sidestep taxes, and benefits and rights given to wage and hour employees. The ramifications of misclassifying employees in California are big as employers can be charged with a felony wage theft charge, face hefty fines, and or be sued by the worker in a lawsuit. In California, the illegal misclassification of workers is rampant in certain industries.

In California, independent contractor misclassification of jobs is common in these industries:

• Construction
• Garment Workers
• Restaurants
• Hospitality
• Janitorial Services
• Information Technology

Misclassifying workers and independent contractors carries serious consequences, aside from the possibility of being criminally charged and have to pay steep fines or a lawsuit settlement, the business would also have to pay attorney's fees for litigation if the case goes to trial. Litigation can make big holes in deep pockets and coupled with all the other consequences can devastate a business and even put a company out of business.

The risk of misleading job seekers into an independent contractor relationship when they are actually employees, as defined by state and federal laws, is very high. Some employers think that defining the independent contractor relationship in a contract with the signature of a new hire justifies and frees them from legal infractions, federal or state investigations, and lawsuits. However, this is a widely held misconception. The best civil lawyers in California know that it doesn't matter what a contract says if the contract is not compliant with state and federal laws. State and federal laws are always preeminent of anything that is stated in a contract.

The statute of limitations for an individual filing a lawsuit in California for being misclassified as an independent contractor ranges from 1-4 years. Many California lawyers will take wage and hour cases on contingency, though some may charge a small fee for an initial evaluation. Usually, these types of cases are more likely to be taken by an attorney if you worked overtime but were not paid, were not paid the minimum wage or for lost benefits. These lawsuits often contain many different threads of civil and employment law that are being disputed. Thus, the best civil attorneys for these types of lawsuits are those that have various expertise in civil and employment law.

If you are seeking an independent contractor job or are an employer who would like your independent contractor agreements reviewed or written, it is best to seek counsel from lawyers before entering into a contract. Without the counsel of an attorney you may be liable for particular items and or you may expose yourself to lawsuits and severe penalties unknowingly.

If you are an employee or employer who is experienced a dispute over labor and employment laws or would like advice on how to best protect yourself, talk to LibertyBell Law Group civil lawyers in California, who have expertise in these matters, and call 855-200-ATTY (855-200-2889).

Employment Lawyers Heed New Laws Affecting Los Angeles Businesses

Employment law lawyers in Los Angeles know that, more often than not, employers are unaware or simply do not know how a labor law applies to their business. Many small business owners are too busy running their business, managing their employees, and attending to customers and don't have time for anything else. However, it is vital for small business owners to have an on-call lawyer, at the very minimum. Workplace lawsuits in Los Angeles can be very costly, especially if the litigation involves discrimination, harassment, or wage and hour disputes.
There are a myriad of state and federal employment laws and recent court rulings that apply to all employers, but some apply to specific industry sectors or class of workers. It is vital for a business owner to ensure all employee manuals and relations, pay policies, and break periods are legally compliant and up to date.  The cost of preventing litigation is pennies compared to the cost of defense in a trial and possible fines and penalties.

Loss of an Employment Lawsuit Can Cost an Employer:

• Fines & Penalties
• Recovered Wages
• Cost of Your Attorneys' Fees
• Cost of Plaintiff's Attorneys' Fees
• Time and Stress
• Negative Publicity

Lawyers caution employers not keeping up to date on labor laws as being unaware of a new law cannot be used as a defense in court.

There are many new California and federal laws and court rulings affecting employers effective in 2015, say the Los Angeles civil lawyers from LibertyBell Law Group.

Some New 2015 Employment Laws:

• AB1522 - Employees are entitled to accrue paid sick days at no less than one hour for every 30 hours worked, but employers may limit the amount of sick days to three per year.
• AB2288 - Provides additional treble damages to an employee that was retaliated against because the individual filed a claim or civil lawsuit alleging a violation of employment laws while the employee was a minor, even if the claim or civil action was filed after the individual reached the age of 18.
• AB1443 - Prohibits discrimination and harassment to volunteers and unpaid interns, regardless of whether or not the position leads to employment.
• AB1897 - When an independent contractor works at the job-site of the employer and the independent contractor has a total of 6 non-exempt workers or more, the employer is jointly responsible for the wages of the independent contractor's workers and their workers' compensation insurance. 
• AB2053 - Employers must provide abusive conduct prevention training, in addition to sexual harassment training, to supervisors. The training must be provided within 6 months of the employee becoming a supervisor.

If you are an employer or business owner, save yourself from potential headaches and costly litigation and contact our employment lawyers in Los Angeles now and call 855-200-ATTY (855-200-2889).

Lawyers on Negotiating Employment & Business Contract Disputes

Lawyers in California having a lot of experience in business and employment matters know that most disputes involving contracts and/or damages to a party are most often settled through negotiation. Negotiation is preferred among parties as litigation in a trial can be costly, stressful, and time-consuming for both parties. The expense of litigation can sometimes outweigh any benefit possibly achieved from it, even if the trial is won.

In some cases disputes must be resolved by an alternate dispute resolution (ADR) method, such as mediation or arbitration, as required by a clause in a signed contract. By its very nature, ADR involves negotiating between the parties until they reach an agreement or it is decided on by a neutral party. It is recommended that a party be represented by a lawyer in either, mediation and arbitration.

In many cases, lawyers representing the parties do not use a neutral third party, and choose rather to negotiate and settle the dispute directly.

Negotiating a resolution is not to be taken lightly; one does not simply show up to mediation and expect a mediator to do all the work and decide your case if you want to achieve the best outcome or win on the best settlement offer. A lawyer must investigate, assess, and persuade the other party, the mediator or arbitrator that the resolution presented is the correct or best choice. A lawyer must also prepare his client and know how to question and handle witnesses.

Investigating and assessing a case in building an upper-hand and best position takes the most time in order for a lawyer to reach a successful resolution as quickly as possible when actual negotiations begin. Having the most information and the ability to strategically share information and withhold damaging information as early as possible often results in better leverage and resolution for the client.

Negotiation involving business and employment matters usually involves bargaining, that is the back and forth and exchange of offers between the parties. Lawyers use different strategies when bargaining, but an experienced lawyer will know which method would gain the most based on the unique circumstances of the case and characteristics of parties involved.

Lawyers use three types of opening offers:

1. Fair offer
2. Moderately unreasonable offer
3. Totally unreasonable offer

When a lawyer makes an opening offer that is absolutely unreasonable it is much more likely to lead straight to litigation.

After the lawyers have reached a settlement or agreed on a resolution to their employment or business dispute, they focus on drawing up the terms of the settlement agreement. This part of negotiation between the lawyers can turn a mediocre result into a very favorable win for the client.

If you have an employment or business contract dispute, speak to a lawyer now and call 855-200-ATTY (855-200-2889). The best civil attorneys in Los Angeles, California know how to maximize your position and get the best outcome. 

Independent Contractor: Suing for Unpaid Wages & Overtime

Many employers misclassify employees as independent contractors in an effort to save money by not having to pay certain payroll taxes, Social Security, unemployment benefits and more. Employers having independent contractors are also not required to maintain records. Independent contractors are also not able to sue employers for discrimination, unpaid wages and overtime, meal and rest breaks and more.

Is the independent contractor actually an employee? Many times, Yes.

If the courts find that the independent contractor was actually an employee and thus misclassified in error by the employer, then the independent contractor gains all rights as an employee. The newly court classified employee is then able to sue for unpaid overtime, wages, missed meal and rest breaks, and will often be compensated heavily.

Lawyers know it does not matter whether the employer or the worker both believe the worker is an independent contractor or whether the worker signed an independent contractor agreement. What matters is how California Wage and Hour law defines a worker and independent contractor.

The key issue defining whether a worker is an employee or independent contractor is the employer's right to control how the worker performs work. If the employer has a right to control the work, then the independent contractor is actually an employee as set out by California Wage and Hour laws. In June 2014, the California Supreme Court ruled (Ayala v. Antelope Valley Newspapers, Inc.) that it does not matter if the employer does not exercise that right. Any time an employer has a right to control how work is performed, the worker is an employee, regardless of any contract that was signed.

Employee Vs. Independent Contractor

Generally speaking, when an employer controls where, even if in different places, and how work is performed, then the worker is an employee. A more detailed analysis of the employment test is done by the courts using the Borello factors.

Examples of how an employer may control a worker:

• Giving the worker a schedule of work hours or scheduling work hours and days
• Telling the worker to work at specified location(s)
• Telling the worker how to do the work rather than just telling the worker the end result expected
• Telling the worker that s/he may be fired for any reason or simply firing the worker without allowing the worker to give an end result and fulfill the contract

The evidence used most by civil lawyers to prove an independent contractor was or is actually an employee are requirements set by an employer that do not give the independent contractor the freedom to do his or her job. As defined by law, independent contractors can do work where ever and however they want as long as they deliver the end result promised. For instance, an independent contractor may get hired to build a website. An independent contractor may choose to build the website at home and may schedule his or her own hours without any need or requirement to tell the employer how the work is to be performed. Hence, the contractor is independent and performing by free will.

When an independent contractor comes to the realization that s/he may have been misclassified and may actually be or have been an employee as defined by law; usually the worker will want to sue for unpaid wages and various privileges generally given to employees. If you suspect you may have been misclassified as an independent contractor, speak to a civil attorney with expertise in this matter now and call 855-200-ATTY (855-200-2889) now.

Employees misclassified as Independent Contractors sue for:

• Unpaid wages
• Unpaid overtime
• Missed meal and rest breaks
• Unemployment benefits
• Unpaid Social Security
• Unpaid taxes
• Workers' compensation
• Health benefits
• Retirement benefits
• Work expenses
• And more

When many misclassified independent contractors work for the same company, it is generally much less expensive and much more powerful to have a class action lawsuit filed against the employer. In the past, it was more difficult to get class action certification for independent contractors in California wage and hour cases. On June 30, 2014 a California Supreme Court ruling changed the litigation landscape on the part of independent contractors and made it much easier to get class action lawsuits filed. The ruling essentially made it much more feasible for a group of independent contractors to sue the employer and get compensated for damages at a lower cost. Civil attorneys from the same law firm can work on behalf of all the workers as opposed to each individual worker having to hire their own attorney from different law firms. Although in the end, the cost of the attorney(s) will be paid for by the employer. LibertyBell Law Group's lawyers in Los Angeles can be hired on a contingency basis, which means the worker does not pay for representation.

If you have been or are currently an independent contractor and would like to know if you have been misclassified and how California law defines employees and independent contractors, it is vital to speak to our Los Angeles lawyers immediately to preserve evidence and get the most compensation for your case. Call 855-200-ATTY (855-200-2889) now!

Lawyers on Common Business Violations & Lawsuits

Lawyers stress that all businesses, small to large, need to be certain they are in compliance with state and federal laws on labor and civil laws. Law enforcement is cracking down on employment law violators and significantly increasing their budgets and efforts to prosecute and bring civil lawsuits against business owners. It is vital for the owner of a business to get counsel from a lawyer, now more than ever.

Read more about common business violations, statistics, and criminal charges that can be made against a business owner not in compliance and a telling infographic in the press release titled LibertyBell Lawyers on Common Business Violations and Lawsuits. (Click the image on the page to view larger).

Los Angeles Civil Lawyers Back Immigration Reform in Employment

Los Angeles civil lawyers from LibertyBell Law Group back immigration reform in employment. On the federal level, legislators are considering sweeping reforms in immigration, such as H1B visas. In Calfornia, civil lawyers are applauding the immigration reforms in driver's licenses, in-state tuition and more soon to be realized.

Recent research by the American Enterprise Institute shows that for each 100 immigrant workers who gained advanced degrees from U.S. universities an additional 262 American jobs were created. After graduating many immigrants go on to form private businesses. In fact, 20% of small business owners are immigrants according to the Fiscal Policy Institute.

The best civil attorneys in California know how vital immigrants are to the economy as many possess an entrepreneurial spirit and are determinant innovators. In fact, 75% of the patents awarded in 2011 by the top universities were to immigrants.

Our civil lawyers who defend immigrants in matters of employment know all to well the obstacles and unjust treatment facing many of them. Fortunately, as research lifts the veil on employment and small business job creation, Congress is taking a hard look at immigration reform in 2014.

Whether it be an employment or a criminal matter that is hindering your stay in Los Angeles or you feel you may be deported; contact our civil lawyers in California. Our Los Angeles employee rights lawyers have the experience and expertise to protect you in employment and make sure you are receiving fair compensation and are getting mandatory meal and rest periods, regardless of your citizenship or green card status, illegal or not.

If you are being investigated for a crime it is imperative you contact our civil and criminal lawyers immediately to prevent deportation. Criminal federal immigration laws are much broader than state laws and can have you deported even if you do not get convicted or get just a misdemeanor.

For matters on employment or wage/hour call our Los Angeles, California civil lawyers now at 855-200-2899. For criminal and immigration defense matters, call our federal and criminal lawyers now at 855-200-ATTY (855-200-2889).