Being a class representative comprises a very exclusive group of individuals.  It is fair to say that this group has affected the lives of millions of workers by participating in the enforcement of the labor laws at the most meaningful level.  That is by helping to bring to light labor law abuses and by doing so the return of hundreds of millions of dollars to millions of employees.  No governmental agency has the resources to be as effective as the class action labor case.

A person who acts as a class representative is in a unique position of taking his or her claim and multiplying its beneficial impact on hundreds and sometimes on thousands of other workers who are in similar circumstances.
In order for one to act as a class representative several criteria must be met.  The claims being advanced must also apply to his or her co-workers in that the circumstances have to be typical of the proposed class.

In other words, the general circumstances under which other members of the class work must be similar to that of the class representative.  This includes the nature of work as opposed to the title given for that work; whether such job is exempt from the payment of overtime or not; whether full meal and rest breaks are given and whether expenses paid by employees are properly reimbursed.

The class representative holds a special position because he or she is acting on behalf of his or her fellow employees and for this reason will be participating in decisions of what is fair for the class.  In effect these decisions are recommendations that a judge will have to weigh before approving any resolution of the class claims and issuing a final judgment.  This process also includes determining the amount of special fees which are to be paid to the class representative for his or her participation.  This sum is generally referred to as an “enhancement award”.

These cases commonly involve several highly experienced law firms who represent the class and a law firm representing the employer.  The class representative works closely with his team of attorneys advising them regarding his experience in the workplace and providing testimony in a deposition.

Although the representative’s participation is critical, the amount of time required is not overly burdensome as most of the work is shouldered by the law firms.  These law firms invest a substantial amount of time assembling facts and working on legal research in order to achieve a successful outcome.

Over 99% of these claims are resolved before trial through voluntary mediation.  Upon reaching common ground for settlement the facts and resolution are presented to the court for approval.  The court will require that everyone in the class be notified of the terms of settlement who are then given an opportunity to either, remove their individual claim from the class settlement and proceed on their own, or to make comment to the court.

After the court has given everyone, affected by the proposed settlement a chance to be heard, the court will either approve the settlement or require changes before approval is granted.  Only when the court is satisfied with the terms of the entire settlement, will the judge issue a ruling in the form of a judgment approving the settlement.
For a class representative being part of this process is important as well as rewarding.

If you have questions about this post or your labor law needs PLEASE CONTACT US its FREE.

The post Class Representative: You Can Make The Difference appeared first on UELG.

If you ordered a cell phone from a retailer and the phone was to be mailed to you, have you been charged for service before receiving the phone?  Sprint (S), among others, is one company that has elected to sell their phone through third party retailers.

It is not uncommon for some third party retailers to sell a cellular phone to a customer, and before the customer actually receives the cell phone, activate the service.  This violation is most common with third party retailers who sell phones for cellular companies but have the inability to activate the cellular services at the time of purchase. While this may seem like a small issue and only cost the cellular phone user a few days of service charges prior to receiving the phone. Nevertheless, it is wrong. Moreover, when you consider that this violation affects potentially thousands of consumers, the damages add up quickly.

When a single individual has common damages of many other individuals, class action treatment may be the most efficient to prosecute the company or companies committing these violations.  It would not be cost effective or efficient for the courts for hundreds or thousands of claims to be litigated. This is the reason why California class action cases are filed in many instances.

If you have purchased a phone through a third party retailer, you should speak to a California class action attorney to determine if your rights have been violated.

Photo Credit: Shutterstock/Chinnapong

The post Cell Phone Activation Before Receiving Phone? appeared first on UELG.

Employment issues have increased drastically across numerous global companies in California. These issues are not only unlawful but at the same time they affect the company as well as the employee who spends his/her days of hard work for the company. To help you know more about such issues related to the workforce of California here are the top 4 employment issues which are becoming major concerns for global companies.
1. Use of Social Media at Workplace
The world of digitization has undoubtedly enhanced our way of living, however there are some restrictions associated with it. Now, it is often seen that employees are linked with social media with the help of their personal devices like mobile phones and this somehow blurs the line between personal activity and professional work. This is the reason why NLRB of California has created policies where any employee who uses social media platforms for personal activity can stand liable for the company.
2. Implementing Federal Health Care Law
ACA or Affordable Health Care Act which was delayed till 2015 which is mandate for employer has been officially finalized by the policymakers of California. This act says that employers need to send an official notice regarding Health Insurance Marketplace options to the employees. And if the employer does not adhere by this responsibility then he/she stands to be liable for the employee.
3. Fighting Against False Claim Acts
In the past years there has been a steady increase in false lawsuits, which are illegal under the FCA (False Claim Act). Most of the time, these type of cases lead to large settlements where the accused has to pay a hefty compensation to both the innocent victim and the government too, more or less for wasting everyone’s time. Hence, this shows that it is important for any employee to first understand the legal polices and law of their state and make their move in accordance to that. Consulting a knowledgeable and reputable attorney should be your first stop.
4. Protection from Bullying At Workplace
Bullying is not at all a new thing on the list. Over 25 states in US, including California have urged it to be one of the major employment issues at every sector. This is the reason why almost 16 bills are presently active around 11 states of US to gain complete protection from bullying at the workplace. Just when you though high school was over!?

If you are facing any of these issues at work United Employees Law Group is here for you.

Contact our team today for more information.

Photo Credit: Shutterstock/michaeljung

The post Top 4 Employment Issues For Global Companies in California appeared first on UELG.

California labor code section 2802 states that the employer should cover all the expenses which an employee incurs due to business purpose. Thus, if an employee buys any type of tools, supplies or equipment that are needed to complete their task, then the employer will have to reimburse the expenses incurred by the employee.

Labor Code Section 2802 states that:
The employer will have to reimburse any expenses or losses which an employee has to incur while going about his official duties or on the orders of his or her employer. Even if the duties were not lawful the employer is entitled to reimburse the amount in case the employee was unaware that the instructions were unlawful.
Any awards issued by the court of the Division of Labor Standards Enforcement for reimbursement of the expenses under this section shall include the interest just like the judgments of civil actions. The interest shall be levied from the time when the employee had to bear the expenses or loss.

The term ‘necessary expenditures or losses’ also include the fees which the employee has to pay to the attorney to enforce the rights which this section grants them.
Mileage is often ignored and in case the employer asks you to make use of your personal vehicle for the company, then you should be reimbursed for those miles. Presently the IRS suggests that around 55 cents should be levied for every mile. You should bear this in mind and in case the employer is unwilling to reimburse the whole amount, then you can seek assistance from an employment attorney or a tax professional who will guide you during tax time.

You should know your rights in case an employer tries to tell you that this is a part of your job and there will be no reimbursement, or in case the employer makes you believe that this is expected of you since you have got a promotion or are now at a particular designation.
Your employer may tell you that the distance is not too much and so you should not create an issue, but remember that even these small distances traveled everyday are sure to increase your mileage considerably every month.
The expenses of uniform too are not calculated correctly. The company needs to give you any particular items which they need. In case these items include the below mentioned characteristics then the employer will have to reimburse the amount you have spent:

If the employer makes it mandatory for you to purchase the item from them directly.
In case they specify a particular brand or include the logo of the company on the uniform.
In case the item is specially designed for your profession, for instance, a bullet proof jacket.

Labor Laws are not quite simple and in case you have any queries about the employment then you should get in touch with United Employees Law Group, who will be able to assist you in knowing your rights and will also evaluate the situation without levying any charges.

Photo Credit: Shutterstock/ GaudiLab

The post What You Should Get Your Boss to PAY FOR appeared first on UELG.

How your attorney builds your case will make a big difference in how personal it gets.

Know before you get involved, just what it’s worth to you.

It should go without saying that there are a multitude of different types of legal cases, and how those cases are proven can vary greatly. For this reason you can face very different levels of personal scrutiny, dependent on how your legal team decides to try your case.

Some cases are cut and dry; others rely heavily on personal opinion and witness or expert testimony. Cases such as harassment or discrimination usually involve some level of compensation based on personal trauma, the proving of which can become very personal. Just consider that if you are going to prove that the abuses you suffered under your boss caused mental and emotional problems for you, then you will have to prove that those issues did not exist before the abuse, and obviously the opposing side will do their best to prove they did. This can mean dragging up anything they can find that they think might sway the decision in their favor.

It’s clear why cases like this which can rely heavily on opinion and not as much on facts can be more difficult to prove, not to mention harder on you as the plaintiff.

At UELG we help to bolster such cases in TWO IMPORTANT WAYS:

Number ONE: we work to build a winning case based on the hard FACTS.

We have worked long and hard to create a system to weed out all possible violations your company might be committing, and finding the proof they don’t even realize exists. There is a simple principle; a company breaking one law is most likely breaking others. We look at each case from all sides to build a multifaceted case. If we can prove the employer has been willing to violate wage and safety laws, it is more believable that they have committed other offenses as well. By collecting digital proof of these problems we can often push for a settlement without ever putting you through an actual trial.

Number TWO: You are probably NOT ALONE.

It is actually quite rare that an employer would single out only a one individual to commit any labor law abuses toward. This means there is a good chance you have coworkers dealing with the same problems. We specialize in employment class actions and can help you collect based on the larger group in many cases. This does not mean you have to go out recruiting your coworkers.  We can open a case based on just your complaint and then  help build a class completely confidentially.

United Employees Law Group builds winning cases and we have helped many just like you. Call today and let us get to work putting things right.

Photo Credit: Shutterstock/ GaudiLab

The post Is it Really Worth Suing Your Company? appeared first on UELG.

Before you open the floodgates into your own life you need to know,

HOW MUCH IT’S WORTH!

How much scrutiny you are under can be greatly affected by what type of case your employment attorney chooses to employ to help you collect. Simply put, a case based on collecting money for emotional trauma will open a large can of worms as you try to prove that injury. Obviously an emotional case is going to get personal and it won’t just be about the time in which you claim the trauma occurred, but as far back as the court deems relevant.  In other words, if you claim all of your current depression and need for therapy or medication is a direct result of abuse you suffered on the job for the past year, they will go into your history to attempt to prove that you had these underlying issues previous to the alleged abuse at work. They will try to prove you had your own issues and that you are trying to make them pay for something they have nothing to do with. This type of case can hinge almost completely on this type of evidence and not on actual data from the job, for this reason they are much more invasive and harder to win.

The best way to avoid this is clear; build a winning case around cold hard FACTS.

At United Employees Law Group we have perfected our all angles approach so that we can gather all the necessary information to build a case which will result in the maximum reward. You may not even realize what type of case you really have, quite often our clients come to us with one complaint only to find they have an even stronger case in another area, i.e. you thought you had a wrongful termination complaint, but you stand to collect far more from the back overtime and penalties and because of computer records and security videos these are easily proven. Not to mention the fact that most cases well backed up with facts rarely even go to court we are able to settle many cases out of court and avoid the drawn out battle. This means you get to collect much faster.

We know how to build cases that win, if you are ready to stand up to an employer who owes you money CALL UELG NOW for a completely free and confidential case review.

Photo Credit: Shutterstock/ Billion Photos

The post Weighing the Price vs. Payout: Suing Your Employer appeared first on UELG.

Ever think, “It’s just a drop in the bucket?” You may be surprised just how fast all of those little drops ad up, and your paycheck could be a lot fatter than you think.

I know keeping stock of thousands of labor codes is not high on your list of priorities, but you may want to be aware of this one as it’s a simple mistake made every day that will cost you money.  The recently added labor law SB435 redefines and clarifies what breaks are and how they are to be conducted and PAID! Did you even know you were entitled to paid breaks?

15 minutes may seem like no big deal, but if you’re not getting those breaks they could add up to a lot of overtime, not to mention violations for rest periods. If you work in an office this is no big deal, but if you are working in the sweltering heat, freezing cold or exhausting manual labor, those fifteen minutes can go a long way to preserving your health and sanity.

What does SB 435 mean for me?
ALL workers are entitled to at least one 15 minute paid rest period for every four hours worked; new guidelines add the following:

#1 your break is to be a paid rest time.

#2 this is to be a complete rest period with no required duties performed.

#3 your break cannot be combined with your lunch period and is to be given as close to the middle of the shift as is feasible.

Note: if your shift is less than 3 hours you are not entitled to the paid break time.  In addition, as you ARE being paid, your boss has the right to control your activities. This means they are within their rights to dictate where you must take your breaks, and as such can also determine whether or not you can smoke since many facilities are now smoke free.

If you are not getting your proper break periods and your health or paycheck are being violated, there is help.

Trust United Employees Law Group to help you understand your rights.  We help employees recover the money they are owed every day. CALL NOW for your completely free and confidential consultation.

Photo Credit: Shutterstock/Billion Photos

The post Time is MONEY: Collect Yours appeared first on UELG.

Don’t Take Legal Action Lightly

I’m pretty sure I’ve never met anyone, except maybe a lawyer, who enjoys going to court, and truth be told even most lawyers would rather stay out of the courtroom as this often means lower cost and higher reward.

“It’s going to great to finally get the money they owe me,” that I do hear, and often. Taking on a legal case to sue for damages, whether it is for money owed or harm done, is never an easy process. It is precisely the fear of this process that most employers are counting to deter you from taking action to collect money from them. This scare tactic is a large reason a company of any size retains a team of lawyers, to hopefully make you believe there is no way you can win.

United Employees Law Group FEARS NO EMPLOYER! We have been fighting for employees long enough to know that the playground bully doesn’t have to win.

The beauty of being an employee in California is that you are given two very powerful tools.

Number ONE is the fact that most suits wil never see a courtroom. The court would much rather have the case decided outside through mediation and settlement. Like your mom always told you to “go figure it out yourselves.” It is much cheaper and faster to sit down and have two sides come to agreeable terms. If your case can be decided through mediation it can mean a much swifter decision and often a better settlement when the company hasn’t racked up huge legal expenses.

Number TWO is a biggie, it is the company which bears the burden of proof, which means once we file a sound claim with evidence against them it falls to the defendant (your employer) to prove otherwise. In other words you employer must prove that they did not wrong you and do not owe you money and not the other way around. This is by no means an open door to file a suit with no merit, filing suit against your boss because you are angry can get you sued so DON’T DO IT!

If you have been battling with the decision to sue your current or former employer you need to get sound legal advice, don’t assume you have no case. Let UELG help you understand your rights and the best route to getting what you deserve.

Call us now United Employees Law Group is here for you.

Photo Credit: Shutterstock/ Africa Studio

The post Court Should Be Your Last Resort appeared first on UELG.

 Afraid to Open a Case against your boss?

If you think you have a case against an employer it’s important to know where you really stand. The right employment attorney knows what questions to ask and where to get the proof. Unfortunately sometimes when an employee starts a complaint their company they don’t build a proper case and things can turn against them.

Two keys to building a case based on testimony from coworkers that cannot be overlooked.

The problem with people is they are people, opinions can differ and there are always two sides and people will take one or the other. If the people you were expecting to testify on your behalf have a different view of events than you did they can end up hurting your case instead of helping it. The

What happened to the people on your side?

Despite the laws to protect employees against retaliation some still fear that helping a fellow employee will cost them, most co-workers go the other way for two reasons.

They’ve been convinced that speaking against the company is an “act of war.” Whether or not they seemed like they were on your side when you were gossiping and venting around the table for afterhours cocktails, that won’t compute to good back up in court. After all the loose venting, YOU actually went and filed a suit, now they’re being drug into your “mess,” the court, the lawyers etc.  If they were not similarly mistreated they are often quick to turn on you in the face of your employers lawyers.

And secondly, they might truly believe you are wrong. No matter how wrong you believe your boss is your coworkers may feel differently and if they don’t help your case… they will help your boss’ case.

This is why the best way to build a case is NOT on coworker testimony, it’s on evidence and the right attorney knows where to collect that evidence.

If you are considering a lawsuit against your employer, the team you choose is the most important decision you will make. United Employees Law Group IS THAT TEAM. Call today for a free comprehensive review of your case, we will build case that works.

Photo Credit: Shutterstock/Billion Photos

The post How to Build a Case That WINS. appeared first on UELG.

San Francisco Employment Class Action

A class action is a legal action brought to the court by a group of people in a similar class when they collectively sue another party or group. This is much like when a consumer group files legal suit against a company. This is known as a class action lawsuit. The California Legal Code permits the employees to file a class action suit against the employer company. California Law provides four different types of class action suits which can be filed by the employees.

Employee groups agree to file class action suits when the employer does not fulfil their basic requirements at the workplace which are mandatory in the California Labor Code. California law entitles the employees to proper meal and rest breaks, overtime wages,non-discriminatory working environment etc.under the labor rules. When the employer fails to do so, the employees can bring a class action suit collectively against him.

Many employers violate the labor laws of California and do not provide basic amenities to the employees like giving proper meal breaks. Many such matters when filed are settled out of court by the employers by paying compensation to the employees but there is not much change in their behaviour and they continue to breach the labor policies. The employer tries to pay less and get away with the case when an individual employee files the case. So it is always better to sue the employer in a class action lawsuit by a group of employees.

A class action suit is more effective because in it, more than one employee sue the employer for breach caused against all the employees who are working in the same place. When a class action suit is brought upon the company, it is much likely that the company will listen to the employees and comply with the laws. Moreover, the employees who have raised their voice and have filed the class action suit on behalf of the other employees are awarded additional compensation apart from their claims as an incentive. This is a reward given to these employees as they have put extra effort in bringing the plight of the employees in front of the court and filing the lawsuit against the company. This extra effort is rewarded so that other employees also can put up courage in the future against such discrimination and fight for their rights.

United Employees Law Group provides expert advice to the clients on how to effectively file their class action suit. Call today for your free consultation.

Photo Credit: Shutterstock/Rido

The post What if You’re Not Alone: Employee Class Action appeared first on UELG.