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.