Civil Attorneys on Fraud for Unpaid Bonuses & Breach of Contract

Attorneys representing plaintiffs won an appeal recently, Moncada v. West Coast Quartz Corp., claiming fraud and breach of contract. The employees' civil attorneys had filed a lawsuit for unpaid bonuses promised repeatedly over the course of 5 years. The sole shareholders of the business promised bonuses and "enough for the employees to retire" if they stayed and worked for the company until it was sold. Employees were promised by shareholders that they would be rewarded for their loyalty. The bonuses were to be paid after the sell of the company. The contract dispute came into light when the business was sold and no bonuses were paid.

The civil court did dismiss some of the claims, such as intentional infliction of emotional distress and equitable estoppel. The judge upheld misrepresentation (fraud), breach of contract, and promissory estoppel. The employees' attorneys successfully argued that if the allegations were true, the actions by the defendants would coincide with promissory fraud.

Elements of Fraud:

1. Representation made by the defendant was false
2. The defendant intended to defraud
3. The defendant knew the representation was false and misstated or concealed a material fact
4. The plaintiff was unaware of the fraud and may have acted differently if made aware of the fraud
5. The plaintiff has suffered damages as a result of the fraudulent misrepresentation

Promissory fraud is a type of fraud wherein a promise made by a defendant, without intending to ever perform it, and induces a plaintiff to enter a contract.  Attorneys know that false promises made to induce a person or entity to take action in a contract or for employment are actionable in a civil lawsuit. A claim of promissory fraud is a common way for civil attorneys to win punitive damages for breach of contract.

Promissory Fraud is often done in these industries

• Employment
• Real Estate
• Securities
• Loans

Difference between Fraud and Breach of Contract

California civil attorneys know oral contracts can be enforceable except for a few exceptions. When an oral contract or agreement is broken, in California, it can result in a court ordered breach of contract or fraud and payment of damages. The main difference between fraud and breach of contract is intent, though both can be acknowledged in court simultaneously. Experienced civil attorneys for the plaintiff also seek and successfully gain more compensation from fraud than breach of contract.

Our civil attorneys in California know how powerful a claim of fraud is and how much more effective it can be in obtaining compensation for punitive damages. However, it is vital for you to seek expert counsel from a civil attorney in pursuing fraud for breach of contract. Litigation for fraud can be costly as the elements of fraud must be proved. If the elements for fraud exists beyond hearsay and much evidence exists, your civil attorneys may counsel you on seeking a settlement and winning punitive damages without a lengthy jury trial decision. The defendant may be well aware of the fact that an expensive jury trial will result in more money paid out and lost. LibertyBell Law Group's civil attorneys always have the best interests of the client in mind. Call civil attorneys now at 855-200-ATTY (855-200-2889)  to get advice on your fraud or breach of contract matter.

Civil Attorneys Note new Employment Law Protects Outdoor Workers

Civil attorneys are taking note of a new California employment law, SB-435 Compensation: meal and rest or recovery periods. The new law amends Section 226.7 of the California Labor Code. The employment law requires recovery periods to be given to outdoor workers as necessary and if the employer fails to provide recovery periods the employer will be forced to pay the employee one additional hour of pay for each missed recovery period. Civil attorneys express that "recovery periods," which may also be referred to as rest periods, specifically addresses the needs of outdoor workers while working during hot weather.

Outdoor Workers most Affected by New Employment Law:

• Agricultural
• Construction
• Landscaping
• Oil and Gas Extraction
• Transportation (not those working in air-conditioned vehicles and not those loading and unloading). 

Civil attorneys speculate the new California employment law will raise litigation lawsuits and settlements. Especially, class-action cases against employers who do not make adequate adjustments or train supervisors to assimilate with new labor requirements. Civil attorneys know the new employment law is attempting to minimize cases of heat illness and deaths prompted by recent research.

Civil Attorneys advise California employers with outdoor workers on these Cal/OSHA rules:

• Provide training to supervisors, managers, and employees on recognizing symptoms of heat illness and how to prevent it, risk factors of heat illness, acclimatization, and importance of drinking water.
• Provide 1 quart fresh water per hour to each employee and encourage employees to drink it.
• Provide access to a shaded area within 2.5 minutes walking distance where employees can cool-down from the heat. 25% of the employees should be able to access shade without touching each other at all times.

If you are an employer and want to minimize your exposure to lawsuits, class-actions, and or California penalties, consult with a civil attorney. A California civil attorney with employment law expertise can review your employee manuals, documents, training materials, procedures and more to affirm your compliance with all state and federal labor laws and regulations. There are many new state and federal laws, including current labor, wage and hour laws that are made or constantly being amended. California legislators and courts expect employers to be in compliance at all times.

Don't risk yourself or your business to very costly and debilitating legal problems, call an experienced civil attorney now at 855-200-ATTY (855-200-2889).

The list and information above is not exhaustive, visit the complete guide for Employers by the California Division of Occupational Safety and Health for more information on prevention of heat illness.

Attorneys Note New Labor Law Protects Illegal Immigrant Employees

California attorneys note a new labor law, SB-666 Employment:retaliation, that protects illegal  immigrant workers and family members. The labor law prohibits employers from making threats to an employee about reporting an employee's illegal status when the worker complains.  SB-666 also protects workers from an employer's retaliation, such as firing or discriminating against the employee, when the worker complains. SB-666 protects past, current and future employees alike.

The new labor law also prohibits attorneys from using immigration related threats to workers complaining or reporting on ill working conditions. The law seeks to end the threats made by attorneys representing employers to prevent illegal immigrant workers from testifying, giving a deposition, or voicing their rights. Attorneys may be disbarred, suspended or given other discipline for reporting or threatening to report the immigration status of a witness, including his/her family member, for voicing employment rights.

Making immigration related threats about an employee's family members by an employer or an attorney is also illegal.

Punishment for Employers Making Immigration Threats to Employees:

• Suspension or revocation of business or professional license
• Civil penalty of $10,000 per employee for each violation
• Pay unpaid wages for hours worked or not giving lawful meal and rest periods.
• Other fines and penalties may apply

California attorneys who work on employment cases and matters know that undocumented workers are the most vulnerable and the most subject to abuse by employers not following Federal and California laws regarding labor. Most undocumented workers typically work in low-wage jobs such as manufacturing, construction, agriculture, and service industries. LibertyBell Law Group's California civil attorneys regularly represent and win wage and hour cases for illegal immigrants, most of which are resolved quickly through a favorable settlement.

A 2010 UCLA study, ("Wage Theft and Workplace Violations in LA: The Failure of Employment and Labor Law for Low-Wage Workers"), found 76% of undocumented workers worked without pay and 85% did not receive overtime pay. Immigrant workers were also more likely to be killed or injured on the job.

If you are an illegal immigrant or undocumented worker and want to know your employee rights in California, click here. If you believe your employer is acting unlawfully, call us at 855-200-ATTY (855-200-2889) and speak to an attorney with expertise in employment matters in California.

If you are an employer and want to make sure your business is operating within the confines of California and Federal laws, need your employment manual reviewed, or need your operating procedures and policies reviewed or advised on, call our expert civil attorneys now at 855-200-ATTY (855-200-2889).

Attorney's Fees for Wage and Hour California Cases: Who Pays?

A new law regarding attorney's fees for wage and hour California cases will only affect employers. An employer will generally have to pay for attorneys, not just their own, but also the plaintiff's attorneys, when losing a wage-hour lawsuit because of unpaid overtime, unpaid wages for hours worked, not giving lawful meal and rest periods, not paying at least minimum wage (even to illegal aliens and non-citizens) and more. In the past, now and only until January 2014, when the new law takes affect, employers who won wage-hour lawsuits were able to recover fees paid for attorney(s) that represented them.

Governor Brown signed the new law SB-462 Employment: compensation, amending California Labor Code §218.5. The new employment law states that if the party seeking action is not an employee, ""attorney’s fees and costs shall be awarded ...only if the court finds that the employee brought the court action in bad faith." In lay terms, or terms non-lawyers understand, what "employee brought the court action in bad faith" means is that an employee filed a lawsuit against the employer and was acting maliciously and deceitfully by intending to hurt the employer. Proving that an employee bought a wage and hour lawsuit against an employer in bad faith is extremely difficult to prove by attorneys. The employer's lawyers would essentially have to prove that the employee was attempting to sue the employer not to recover unpaid wages but rather because the employee wanted to hurt the employer.

When an employee sues for unpaid wages and wins, the employer must pay for the employee's fees. This will not change. It is postulated that when an employee loses the lawsuit, that is, the employer wins the wage and hour case brought against him, the employer will not be able to recover his attorney's fees when the new law takes affect.

 

Employees Don't Pay Out of Pocket for Wage and Hour California Lawsuits

California Employment law has not changed in regard to the fees that employees pay for their lawyers, which are generally paid on contingency. Employment attorneys representing employees don't usually charge for representation, but rather they charge a fee based on the amount recovered from a settlement won. This type of fee arrangement is a win-win for both the employee and the attorneys, as the employee pays no attorneys' fees and it motivates the lawyers to get the highest settlement possible and also get the settlement paid out as quick as possible.

Opponents of the new law argue that it will increase the number of frivolous lawsuits regarding wage and hour matters. However, other employment attorneys have a different opinion; lawyers don't file wage-hour lawsuits and waste their time if they know there are no grounds for the case and they don't believe they can win. After all, attorneys representing employees are not paid hourly, they are paid by contingency which means the California lawyers will only be paid if they win the employment case.

Unpaid Internships in California

Unpaid Internships have very strict California rules and Federal laws that businesses who offer them have to adhere to. The most important qualifier and determinant for legal unpaid internships is if it is built around providing a truly educational environment. Unfortunately, the perception of interns from businesses has been that internships provide a short term and no cost or below minimum wage free form of labor. However, attorneys ascertain that nothing can be further from the truth.

Even interns themselves have an unwarranted view of internships. Many students pursuing internships are unaware of the fact that performing job duties that displaces another worker is in fact illegal.  Not only does the government miss out on the lost taxes due but also the intern is unfairly not paid for work performed that didn't provide the educational value supposed.

Lawsuits File by Unpaid Interns

Lawyers in California that regularly handle employment matters have seen a jump in cases and lawsuits filed by interns. Even if an intern has voluntarily agreed to an unpaid internship, it is illegal in California if the internship is not of an educational nature. Only non-profit organizations and public employers (a.k.a. government entities) can provide unpaid internships. All private employers should assess the internship on the Fair Labor Standards Act (FLSA) six factor test below to decide on whether it should be paid or unpaid.

6 Factor Legal Assessment for an Unpaid Internship:

1. Does the internship provide an educational experience as opposed to being related to an employer's actual operations?
2. Does the internship benefit the intern? The internship should not primarily benefit the employer, but rather the intern. Most of the time, unpaid internships that are lawful are burdensome to the employer.
3. Does the intern work alongside other employees, such as in shadowing? The intern should not displace another worker and provide very little or no work at all.
4. Does the intern not provide an immediate advantage or service to the employer? According to law, an intern should not perform any tasks, even as small as getting coffee, mail pickup, or do any errands.
5. Does the intern know there is no job guaranteed at the end of the internship?
6. Does the employer and the intern understand and accept that they are not entitled to wages for a legally compliant unpaid internship? Of course, for the unpaid internship to be legally compliant it has to pass the previous five questions with a "yes" answer.

The business, financial and IT fields have the highest demand for interns across the nation and in California. In Los Angeles, the creative fields have the highest demand for interns because it is the dominating industry. Civil Lawyers in California are seeing and expect to see many more lawsuits filed for unpaid internships as public awareness of state and federal laws regarding internships grows. Especially, since interns can file lawsuits for unpaid wages during an internship for up to three years. California lawyers are handling an influx of wage and hour lawsuits regarding internships not just unpaid wages but also unpaid overtime worked during the internship and even damages for meal and rest break violations.

When an intern is improperly placed in an unpaid internship, Federal and California labor rules and laws apply to that employee. Therefore, the employer is subject to all associated fines and penalties for any labor law violations and the employee can receive monetary damages as a result.

Common Internships Offered:

• Internship - In California, this is most likely to be an illegal unpaid internship.
• College Internship - It is also likely that this should be a paid internship.
• Student Internship - This is also likely to be an unpaid internship that should be paid.
• Marketing Internship
• Pharmacy Internship
• Information Technology Internship
• Software Engineering Internship
• Sales Internship
• Accounting Internship
• Management Trainee Internship
• Human Resources Internship

An internship advertised in a job or career website in a general manner, such as "intern", is very likely to be an illegal unpaid internship due to the very nature in which it is advertised. Especially, if the advertisement talks of no educational value and does not imply all the characteristics of the six factor test above. Many employers advertising for internships even state the required skills, such as Microsoft Office, SQL, Java, Linux, and Customer Relationship Management. These internships probably advertise skills because the private employer expects the intern to work in this capacity and in a way that benefits the employer. These internships should be paid as it would not pass the six factor test set out by the FLSA.

If you need expert help in assessing whether an internship should have been or should be paid or unpaid and are located in California, call our lawyers at 855-200-ATTY (855-200-2889) or visit the lawyers' website and fill out our confidential online form.

Work Laws in California

There are many federal and California laws regarding how and when work is to be performed. Work laws apply to all employees, regardless of citizenship status and documentation. Below are the laws causing the most work place disputes experienced by attorneys in California.

Work Laws in California include:

• Meal and Rest Breaks - Employers must provide meal breaks. However, after the meal break is given employers are not obligated to ensure employees are not doing any work. Workers get a meal break, at least 30 minutes long, for every 5 hours worked. Workers also get a 10 minute rest break for every 4 hours worked, within the 4 hours. A nonexempt employee gets a 10 minute break for at least 3.5 hours worked. Rest breaks must be paid.
• Overtime -  Employers can require employees to do overtime work. Workers must be paid overtime pay when working either more than 8 hours per day or 40 hours per week. Overtime pay is one and a half times the hourly pay rate for work performed up until 12 hours in a day. Overtime pay is double the hourly pay rate for all work done exceeding 12 hours in a day. Overtime pay can apply to both hourly workers and salary workers, but you must be a non-exempt worker to qualify. Laws on overtime work apply to anyone age 16 and over.
• Schedule - An employer has the right to schedule non-exempt employees, which are generally hourly workers.
• Uniforms & work related expenses - Employers cannot make deductions for a uniform that a worker must wear. Employers must pay for uniforms worn and all tools or expenses required to perform work duties. A "uniform" can include clothing and or accessories of a distinctive design or color.
• Minimum wage - In California, the minimum wage is $8.00. The minimum wage is the same for non-tipped and tipped workers, such as waiters, waitresses, bartenders and more. 
• Drug Testing - Work laws prohibit random drug testing, except under specific circumstances.
• Social Media - Employers are prohibited from requiring or requesting "social media" usernames or passwords.
• Commission - Commission plans must be set forth in writing including the method for calculating commissions as well as payment.
• Religious Dress and Grooming - New labor laws prohibit discrimination against persons with religious attire, head or face coverings, jewelry and artifacts, and any head or body hair in adherence to a person's religion.
• Worker Records - Workers have the right to inspect their own personnel record or file and make any copies. Employers are required to either make a copy of the entire file or make it entirely available within 30 days of the request.
• Seating - For all work that reasonably permits the use of seats, employers are required to provide suitable seats. This new law applies retail employees only, but similar laws already exist for other industries.

Most work related disputes are resolved through negotiation, mediation, and arbitration by civil attorneys representing both parties, the plaintiff and the defendant. When a civil attorney representing the plaintiff cannot get a satisfactory result through any of the three methods mentioned, the attorney will move on to litigation in court. Litigation in a civil law court room can be very costly, but the plaintiff who is usually the worker, does not pay for attorney fees. The civil attorney defending the worker will charge the client a percentage of what the attorney wins and only if there is a victory. Top attorneys get the most wins without the use of litigation in a lawsuit over a work violation.

California has the highest immigrant work force in the nation, many undocumented or illegal. Many employers assume immigrants aren't familiar with laws covering work. Attorneys counsel the most on employment cases revolving around overtime pay, minimum wage, and breaks at work performed by immigrants.

Attorneys in California on Employee Vs. Independent Contractor

Both California and Federal laws have very strict standards and requirements for classifying an employee versus an independent contractor. Attorneys in California know a key determining factor is how much the work is controlled by an employer or company receiving the final product of labor performed. Generally speaking, a worker is an employee when an employer has control over where and how the work is performed.

However, in the movie and entertainment industry, civil attorneys in Los Angeles are keen on the fact that sometimes the lines between classifying a worker as an employee or independent contractor are blurred by the nature of the film and TV industry itself. Aside from that, recent labor and employment laws and court rulings complicates this further, making it very difficult for businesses, which is exactly why expert help from a civil attorney is absolutely necessary.

Expressing that you do not know the laws will not be accepted as a legitimate reason by a Los Angeles Court or Federal Court. It is vital to be aware of current legislation on labor and employment laws, and contracts.

Independent Contractor Agreements are Civil Contracts

An independent contractor agreement is a contract. Contracts are for many businesses, especially for film and television types, the bread and butter and can either make or break a successful venture. If not made correctly, parts or clauses or even the whole contract can also be litigated against easily by a civil attorney. Contracts not made with the help of a civil attorney are easily distinguishable by other lawyers, as they will quickly recognize the misuse of structure and language and missing legalese.

"Work for Hire" Independent Contractor Agreements

A contract must meet certain requirements for it to be legally binding. In the entertainment industry, top civil attorneys know that "work for hire" contracts are dangerous minefields to walk carefully on. According to California laws, transferring rights to a work, even when signed as a "work for hire" independent contractor agreement, makes the worker a statutory employee. An assignment of copyright will also cause a 5-year window, which is between 35 to 40 years later, wherein the author can terminate the assignment and get the rights back.

The fact is that California and Federal government agencies have become very stringent on the way businesses, including the film and entertainment industry, classifies employees and independent contractors. Civil attorneys in California are experiencing an influx of employment cases because of targeted efforts by law enforcement.

Leyes de California de Trabajo para Ilegales

California laws on work and employment en Espanol:

Si usted es un inmigrante ilegal o no eres ciudadano, a pesar de todo estas protegido por las leyes de salario mínimo y horas en California. Abogados civiles saben que las preguntas sobre su estatus migratorio o de ciudadanía no se pueden introducir en litigio y no se puede ser parte de la conversación en corte.

Las leyes de California dictan los inmigrantes ilegales , los que no son ciudadanos y los trabajadores indocumentados tienen derecho a

• Se pagará el salario mínimo
• Se pagará por las horas extraordinarias. Horas extraordinarias son horas trabajadas en exceso de 40 por semana or horas trabajadas en exceso de 8 por dia.
• Obtener la hora para almuerzo or comer. Un empleado que trabaja más de 5 horas al día se debe dar un descanso para comer o almuerzo  no inferior a 30 minutos. Un segundo período de descanso para comer o almuerzo de no menos de 30 minutos se debe si un empleado trabaja más de 10 horas al día .
• Obtenga requiere descansos . Un empleado tiene derecho al menos diez minutos consecutivos de descanso por cada período de trabajo de cuatro horas del día.
• Por no pagar los uniformes o herramientas utilizadas en el trabajo. El empleador (jefe) debe pagar por todos los uniformes y las herramientas o instrumentos  que se requieren o se deben utilizar para realizar el trabajo .

Si usted es un inmigrante, que no es ciudadano ilegal o indocumentado y te gustaría saber cuáles son sus derechos y las leyes de California, hable con un abogado civil, que puede responder a estas preguntas para usted. Abogados civiles en California no le cobrará una cuota por adelantado, ya que sólo tendrán un porcentaje de lo que ganan para usted en salarios no pagados, horas extras, comidas y descansos, almuerzo y descanso que no recibites en su trabajo actual o en el pasado. Abogados en California tambien te pueden ganar mas dinero solo por que el empleador violo la ley y tiene que pagar las penalizaciones y multas.

California Laws on Working and Employment for Illegal Immigrants

Whether you are an illegal immigrant or a non-citizen, you are still protected by minimum wage and hour laws in California. Civil lawyers know that questions about immigration or citizenship status cannot be entered into litigation and are cannot be part of the conversation in a court room.

California laws dictate illegal immigrants, non-citizens, and undocumented workers have the right to:

• Be paid minimum wage
• Be paid for overtime
• Get required meal or lunch breaks. An employee that works over 5 hours a day should be given a meal or lunch break not less than 30 minutes. A second meal period of not less than 30 minutes must be provided if an employee works more than 10 hours a day. The meal period may only be waived by mutual consent of both parties. However, know that the burden of proof is owned by the employer and thus the employer must prove there was mutual consent if in fact a meal or lunch break is waived.
• Get required rest breaks. An employee is entitled to ten consecutive minutes of rest for each four hour work period. The Division of Labor Standards Enforcement considers anything more than two hours a "major fraction" of four.
• Not to pay for uniforms or tools used at work. The employer (boss) must pay for all uniforms and tools that are required or must be used to perform the job or work.

If you are an illegal immigrant, non-citizen, or undocumented worker and would like to know what your rights and California laws are, speak to a civil attorney who can answer these questions for you. Civil lawyers in California will not charge you a fee upfront, as they will only take a percentage of what they win for you in unpaid wages, overtime, meal and lunch breaks, and rest periods at your present or past job.

Getting Paid on-Call? Attorneys Say It Depends on These Factors…

Getting paid when you're on-call really depends on the amount of control a company has over you while on-call, say top civil attorneys. A recent California court ruling, Mendiola v. CPS Security Solutions, Inc., clarified how on-call work should be paid or not. Employees in this case were suing the employer for hours in which they were on call. The civil attorneys representing the employees had a strong case because  the employees did not have the freedoms of a worker who is off-duty when on-call.

This employment wage and hour labor case affirms that on-call employees are paid when there are significant restrictions on the employee. Specifically, the California court judge reviewed this employment case for getting paid while on-call against several factors.

California civil attorneys advise on-call employees should get paid when these factors are meant:

• On-premises living requirement
• Excessive geographical restrictions on employee's movements
• Frequency of calls is excessively restrictive
• Fixed time limit for response
• Cannot easily trade on-call responsibilities
• Use of pager, walkie talkie, or cellphone is restrictive
• Inherent restrictions in personal activities because of on-call status

The best civil attorneys know that when an employer places restrictions over the employee that don't allow for engagement in normal life activities, it is very likely the employer will have to pay the employee for all hours worked, including overtime. However, an employer that requires the on-call employee to work 24 hours but provides a comfortable place to sleep and the worker receives an uninterrupted period of 8 hours, presumably for sleep, the employer can deduct 8 hours out of the 24 hour work day. The employee should get paid for the remaining 16 hours, regardless of whether the employee is performing job duties. Attorneys say that requiring an employee to be at a work site in most instances is sufficient enough to be considered work. Though it is best to consult with a civil attorney as there are different circumstances where this does not apply.. A civil lawyer can best counsel you on how California and federal laws apply to your individual situation.

If you are an employer with on-call employees determining pay for on-call can be complicated as California and federal laws regarding paid wages for on-call hours worked differ but only slightly. You need civil attorneys in California to minimize the risks of very costly litigation and be sure you are in compliance with labor and employment laws.

Independent Contractor Rights in California Will Get More Attention

The rights of independent contractors will get more attention as the 2014 health care reform requirements swing into action, top civil attorneys anticipate. Both federal and state governments are intensifying their crackdown on worker misclassification, as the cost of lost employment tax revenues are in the billions. Civil attorneys in California say that, in the past, employers misclassified workers to not pay overtime, skip giving appropriate rest and meal breaks, not pay taxes, and not be liable for workers' injuries among other things.

Civil attorneys say we may see an increase in employers misclassifying employees as independent contractors in an effort to avoid paying new mandatory health insurance coverage for their employees. Under the new health care reform, employers with at least 50 full-time equivalent employees must pay at least the minimum level of health insurance coverage.

Industries most likely to violate independent contractor rights:

• Construction workers
• Cable installers
• Cleaning workers
• Maids
• Security guards
• Vehicle and truck drivers
• Manicurists
• Technology and IT workers
• Carpenters
• Electricians

The best civil attorneys say that many companies misclassify their employees as independent contractors even before "hiring" them. Some companies will call them "temporary" employees or will tell them they are "part-time" employees and hire them as misclassified independent contractors until their initial term has been completed. However, civil attorneys know this practice is unlawful and companies are exposing themselves to a very costly lawsuit.

In California, new laws went into effect recently that penalizes companies of up to $25,000, in addition to paying owed back wages (including overtime pay), taxes, IRS and federal penalties and fines, attorneys' fees and more. The new healthcare laws rolling out in 2014 will also impose penalties for failing to pay health insurance coverage. If a small employer is found by the IRS to be misclassifying workers and then the business becomes a large employer and subject to providing health insurance coverage, penalties and fines will have to be paid for each employee.

The facts are clear, if you are a business and have any number of independent contractor agreements, it is vital you get the expert help from a civil attorney in California. As an employer, you need to know what your rights are and what independent contractor rights exist to protect your interests from very costly litigation.

Know that new California laws also require that when you have violated independent contractor rights and have misclassified employees you must post on the company website or prominent public that you violated the law and have "changed your ways."

Do not risk the public scrutiny of the new laws, high cost of a civil lawsuit, penalties, fines, interest, and your business, get a California civil attorney with expertise in employment and labor laws and contracts.

Employee Time Rounding For Hours Worked is OK?

Well, sort of...in a recent California court decision, See's Candy Shops, Inc. v. Superior Court, the court ruled that applying federal employment law in time rounding to employee's hours by employers is okay as long as it is neutral. Lawyers representing See's established that they round up as much as they round down. See's civil lawyers had an expert witness, a labor economist and statistician, analyze the employee data and Dr. Ali Saad concluded a statistical average on time rounding did not benefit either the employee or employer.

The civil attorneys, representing the plaintiff, also had an expert witness who had not separated out the grace period time in his calculations. See's grace period allowed employees to clock in early. See's civil lawyers affirmed it was company policy that employees were allowed to clock in early but were not required to work and if they did were required to alert their supervisor for appropriate time adjustments to be applied to their wages. Attorneys representing the employee class action claimed See's owed the employees $1.4 million dollars however they failed in taking account company policy on grace periods.

This employment law case clearly illustrates that without the proper direction of a lawyer, even the best expert can slip a case and cause the whole case to err and lose.

Top civil lawyers from LibertyBell Law Group know how important it is to thoroughly investigate a case and cover all corners and sides to win. Our civil lawyers work with top experts in an extensive array of industries and backgrounds. It is not enough to simply use experts, ultimately our attorneys know how to develop a strategy that wins and employ experts that support the strategy. Our civil lawyers in California use top experts and investigators for wage and hour, overtime pay, personal injury, landlord-tenant, and many other types of cases.

Lawyers Win Money for Salary Manager Working Overtime Labor in CA

A California Safeway grocery store assistant manager, Linda Heyen, got a huge victory in her employment case for unpaid overtime, even though she was a salary employee. Heyen was awarded $26,184.60 plus interest, in the Heyen v. Safeway Inc. case. Civil attorneys successfully argued that Heyen was misclassified as exempt and therefore was entitled to all back pay of overtime hours worked.

Heyen, the assistant manager, had been classified by her employer as exempt and received a set salary no matter how many overtime hours she worked. Civil lawyers specializing in wage, hour, and labor cases cheer this ruling because since Heyen worked more than 50% of the time on non-exempt work, she should have been classified as a non-exempt employee and be awarded compensation for all unpaid overtime hours.

Civil lawyers in California advise employers and employees alike to review the time spent on doing exempt and non-exempt work as in court it will be treated as either or. This recent ruling will most affect employment cases involving overtime, wage, and hour labor issues and civil lawyers in California.

California employment and labor laws differ from congruent federal laws say civil attorneys from LibertyBell Law Group. To avoid costly litigation, it is vitally important for employers and businesses to know how the courts interpret the differences in labor laws in California as compared to federal legislation by seeking counsel from the best civil lawyers.

Attorneys Flopped Over Employee Tip Pooling

Attorneys working on wage and hour cases involving employer mandated tip pooling are being pulled in different directions in regards to wage and tip rules established by the Fair Labor and Standards Act (FLSA) and recent rulings. In 2011, civil attorneys noted a new law by the U.S. Department of Labor (DOL) Wage and Hour Division. Lawyers know the new law, which spelled out appropriate tip pooling and service charge practices, has cost employers lots of money. More than $22.5 million was collected by the Wage and Hour Division for back pay due to FLSA violations by restaurants and hospitality businesses. Since the June 2013 Oregon Restaurant and Lodging v Hilda L. Solis case, the interpretation of the FLSA has changed and encouraged lawyers to legally challenge the DOL's regulations.

California employers should have a civil attorney review their tip pooling, tip credit, and service charge practices to protect themselves from a costly lawsuit. The DOL is continuing an aggressive campaign to enforce the FLSA in the hospitality and restaurant industries. If you are in the hospitality industry or a restaurant owner, it is now more important than ever to have your employment policies and procedures reviewed by an attorney in California.

Given the recent rulings and legal challenges made by lawyers, restaurateurs should not try to interpret the legalese on their own without the expertise of an attorney. A civil attorney who knows the rulings and laws can assess how they apply to your individual circumstances and business model, including any unique characteristics of your employees. An attorney can examine all your service employees, including waiters, waitresses, kitchen workers, cooks, dishwashers, hosts, and busboys, and how they work together, what their hourly rates are, tips and service charges and how the FLSA and other California and federal laws factor in.

Attorneys Note New California Wage Hour Ruling

A recent California wage and hour ruling, Leyva v. Medline Industries. Inc., regarding employment affirms attorneys can bring about a class action lawsuit if individual damages vary as long as there is a reliable means of calculating damages. The workers' attorney claims Medline improperly rounded off wage and hours worked resulting in erroneous overtime pay, kept inaccurate wage statements, and Medline should be subject to waiting time penalties.

The attorney representing Medline claimed the lawsuit should not be certified as a class action "...based on the fact" that class members were not entitled to damages anyways.

The Ninth Circuit ruled in favor of the plaintiff, the employees, because the "presence of individualized damages cannot, by itself, defeat class certification..". Attorneys for fair wages in labor performed by employees agree with the judge in that the employer treated them all equally and thus a class action lawsuit is appropriate. 

Attorneys specializing in employment wage and hour cases know computerized record keeping of employees is accurate enough for the court to calculate damages for each worker. With today's technology, attorneys in California know that unpaid wages, unlawful minimum wages, unpaid overtime wages and penalty wages can all be recovered.

Attorneys Warn Against Employers Using Background Checks

Attorneys working at the Equal Employment Opportunity Commission (EEOC) filed lawsuits against BMW and Dollar General Corp. The EEOC claims discrimination is executed by these companies in their hiring or firing practices. BMW recently fired 70 black employees after criminal background checks were performed, regardless of when the conviction occurred, what the charge was, and how relevant it was to the job. A disproportionate 80% of the fired employees were black. Dollar General fired an employee for having a erroneous felony conviction. Even after the employee showed it was wrong, Dollar General refused to give back her job.

Attorneys working on Employment cases know employers must abide by state and federal laws when hiring or firing employees or face serious consequences.  Having discussed many employment matters with clients, attorneys know many employers are not knowledgeable on employment and labor legislation and adjoining civil laws enforcing anti-discrimination, harassment, and other civil liberties. LibertyBell Law Group's civil lawyers have successfully represented many employees in employment and labor matters.

The actions taken by EEOC attorneys is a warning to all employers to be very careful when using criminal background checks in making decisions about employment practices.

Lawyers root for new Minimum Wage Law

Lawyers are rooting the new minimum wage law that passed the assembly and is now being debated by the California senate. It makes complete fiscal sense for minimum wage laws to be adjusted according to inflation and the consumer price index. Other states already do this.

Civil attorneys in California know that many non-citizens are most affected by minimum wage laws. Many illegal immigrants support their families with minimum wage jobs. However, in California, many employers illegally pay undocumented workers or illegal immigrants below minimum wage knowing that they won't speak up for fear of being deported. Our civil attorneys know that even illegal immigrants are protected by employment, labor, and minimum wage laws. In fact, questions about immigration or citizen status cannot be entered into litigation in court and are also prohibited in discovery.

If you reside in California and are a worker or an employer and feel your rights have been violated call our civil lawyers now at 855-200-ATTY (855-200-2889).