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).

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.