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.
Wednesday, June 26, 2013
Friday, June 21, 2013
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.
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.
Monday, June 17, 2013
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.
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.
Wednesday, June 12, 2013
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.
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.
Tuesday, June 11, 2013
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).
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).
Subscribe to:
Posts (Atom)