Do You Have Los Angeles Employment Law Issues?
Employment issues do not only confine themselves with the hiring and firing of employees. There are many other issues which have to be taken into consideration. The first step through which this firm takes action is to just take information regarding a case. United Employees Law Group always assesses the case later but exchanges information first. Another astonishing fact about this group is that all the question answers are for free regarding California employment law issues. Law firms are mostly specialized in one field only, but here you are going to find out the number of expertise we have:

Overtime Violations
Employees most often suffer from overtime work violations, but do not complain due to blackmailing by employers. If your employer is not treating you well you should report it immediately and get your case started.

Wrongful Termination
Whenever there are new people in the market with more energy and with less cost, employers often plan to fire the old ones. Another reason can be lack of interest in you by the employer. Whenever you start feeling that your boss or employer is ignoring you and there are chances of wrongful termination, you should contact United Employees Law Group.

Discrimination at Work
Discrimination is a very broad term, but when it comes to the workplace it is always related to breach of terms and conditions. California Employment Law always states that there should be no discrimination in the workplace, but still there are some employers who make a breach of this. In such cases an employee should not worry and get disturbed, but ask questions regarding this matter.

Sexual Harassment
This is one of the most important issues included in California Employment Law. The labor lawyers have experience handling such cases and they have gathered a lot of knowledge about it. Whether it is related to promotion or bullying, you are free to ask about your basic rights.
In short, if you are an employee facing different types of issues in your workplace, you should get a consultation from this group because of their   experience and knowledge in this field. Correct judicial system will always lead you to success.

Contact UELG NOW. Find out if you have a case.

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OVERTIME EXEMPTION

Overtime exemptions have always been issues of extreme confusion for California employees and employers alike. For many years, rules required paying overtime wages in lieu of the overtime for working for more than 40 hours in a workweek. The state has eventually changed the law, eliminating daily overtime requirements. It is the calculation of rates that has perplexed the employers and the rules under which some people are entitled to overtime payment and others are not.

The California labor laws enforce the overtime payment regulations in the state. Any employee who believes that he has not received proper overtime wages is empowered to file a complaint with the Labor Commissioner’s office. Branches are located in several cities throughout California.

There are many overtime laws which are based on the field you are working in, but the most important is the number of hours worked more than 8 in one day is paid at one and a half times. Hours worked more than 40 in a workweek are also paid at one and a half times.

Executive Exemption

Executives are the people who receive at least two times the minimum wage as a salary for full-time employment. This is known as the minimum salary level test.The foremost work in the job is the management of the enterprise, or of a recognized department. This person engages in work other than managerial duties for less than 50% of work time.

 Learned Professional Exemption

Professionals are the people who have the primary duty of performing work which requires specialized knowledge in a professional field, or learning acquired by a rigorous course of specialized instructions. Most of the time, only certified occupations are exempted under the state law. These include law, medicine, dentistry, engineering and accounting. Medicine includes physicians and doctors but not nurses. Pharmacists are no longer regarded as exempt. Attorneys are exempt, but paralegals are not.

Administrative Exemption

Administrative are the people who have the primary duty of performing non-manual or intellectual work which is directly related to the management or business operations of the employer.

Administrative field persons exercise discretion in the performance of work which is intellectual or non-manual work directly related to management policies or the business operations of the employer.

United Employees Law Group helps you in determining the exempted people in the employee category and who are not entitled to overtime wages. You will get proper advice from our attorneys and will be able to resist unnecessary claims from your employees.

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Your Overtime Rate May be Higher than You or Your Employer Thought
California Labor Laws require that all Non-exempt hourly employees must be compensated at an overtime rate of pay for overtime hours. The overtime rate is determined by applying a multiplier of 1.5 or 2.0 to the employees’ “regular rate of pay.” The regular rate of pay is often the employees’ straight time rate of pay, but not always.

Many employers fail to include other types of compensation when calculating the regular rate of pay, which may result in considerable liability for unpaid wages. Recent class action cases highlight the employer’s risk arising out of these miscalculations.

California Labor Laws require that the regular rate of pay must include all types of remuneration earned by the employee. Take for example:
restaurant employees whose compensation includes a lunch and dinner provided during their shifts. If their rate of pay is $10 per hour, in an eight hour shift they will be paid $80. However, their regular rate of pay must be calculated by including the value of the meals (figured as the lesser of their actual cost to the employer or the fair market value). If each meal costs the employer $7, that is the equivalent of an extra $14 per day in compensation. The employees are therefore receiving a total of $94 per day in compensation, or a “regular rate of pay” of $11.75 per hour. Accordingly, the employees’ overtime rate would be $17.63, not the $15 that might be calculated for a $10 per hour employee.

In this illustration, failure to properly calculate the regular rate of pay would result in a shortfall of $2.63 for every overtime hour worked, leading to potential liability for penalties under PAGA and Labor Code Section 203, liquidated damages under the FLSA, interest, and attorneys’ fees. These shortfalls are more common than is often realized and can result from payment of many kinds of bonuses or incentives, mandatory gratuities (such as a mandatory 15% tip for groups of 5 or more at a restaurant), free or subsidized lodging, or winning a free trip or prize for hitting a sales target. If you offer discounts, bonuses, incentives, rewards, or anything of value to your hourly employees beyond their base wages, the labor code requires that these additional forms of compensation be included in an employees regular rate of pay to calculate his or her overtime rate unless an exception applies. Although exceptions do exist for certain categories, the exceptions are limited and highly fact-specific.

If you suspect you have not been paid overtime properly you should consult a Los Angeles labor law attorney to evaluate your situation.

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Federal labor laws can be found in the Fair Labor Standards Act (FLSA) and are the foundation for California’s more employee friendly labor laws; namely overtime laws.

FLSA requires that overtime rates of 1.5 times the regular rate of pay be paid out after 40 hours a week for all non-exempt or hourly employees. Whereas, California labor laws require the same but also require that overtime be paid out after 8 hours in a day and double time, or two times the regular rate of pay, after 12 hours in a day.

Because overtime can become costly, the employer may try to avoid overtime by pressuring the employees to work off the clock or even try to classify them as a salary or exempt employee. Exempt employees are not required to be paid an hourly wage or overtime under the law. However, a company cannot make just anyone salary.  California labor laws have specific qualifications that must be met. These qualifications are called exemptions. It’s important to note that the job title you hold has nothing to do with whether or not you will be classified as exempt from overtime, but rather the job duties you perform.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:
Los Angeles – (213) 261-0229

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California labor laws are designed so that the employer cannot make just anyone work without overtime pay. The law is quite specific; you must fall under certain criteria in order to be paid a flat rate per pay period regardless of the number of hours you work. These criteria are referred to as exemptions because they are stating why a person would be considered exempt from overtime, otherwise referred to as a salary employee.

Non- Exempt refers to employees that are not exempt from overtime and who are entitled to an hourly wage with overtime pay along with meal and rest breaks.

Often times employers will classify employees as salary or exempt, without making sure the employee falls under one of the exemptions that California labor laws have laid out. Companies often do this in order to avoid giving meal and rest breaks and avoid having to pay for overtime.

California is one of the most pro-employee states in the US because while the federal labor laws and many other states only require overtime to be paid after 40 hours a week, California requires that overtime also be paid after 8 hours in a day. This can be more costly to employers that work their employees more than 8 hour shifts.

To review California exemptions you can visit the following website: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm. The most important thing to remember is that your job title does not dictate your exemption status, rather your job duties are the most important thing to examine.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

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If you are an IT or computer worker in California, getting your overtime pay has become harder and harder, yet not impossible, if you know the rules of the game.

As of 2013, if you are a computer programmer or computer designer, and if you make more than $83,000 per year, you may not be entitled to overtime pay in California.

In addition to the restriction above, computer software companies are becoming more and more savvy by creating hundreds and hundreds of job titles in order to make a possible class action seem very small when it comes to numerosity.   In addition, job descriptions in many cases are not reflective of what the actual worker does, and therefore causes additional problems in litigating for overtime pay.

What are the solutions and how can a worker navigate these issues?

The first solution is to obtain an experienced California labor law attorney. A strong labor attorney can foresee and navigate through many of these pitfalls. Moreover, it should be understood that many other non programming type positions such as installers, help desk, and technicians are likely non exempt and entitled to overtime pay, and the $83,000 salary does not exempt such workers. Furthermore, when it comes to job descriptions that do not match duties, in most cases, the labor lawyer can access the performance evaluations which indicate what the worker actually did, versus what the job description states they were “supposed to be doing.” This is important in determining whether an employee is exempt or not and therefore entitled California overtime pay or not.

Many computer companies such as IBM, Sun Microsystems, Cisco and Intel, among others, have successfully been sued by California labor attorneys, netting millions of dollars for workers who were misclassified as not entitled to overtime pay.

It is not uncommon for employees in California who are recently laid off to complain of wrongful termination or discrimination, only to find out that their real claim is improper classification and they are in fact entitled to back overtime pay for up to four years pursuant to California labor law. Also, in investigating such violations it is important to also look at past employers, since again, the statute for recovery of overtime pay is up to four years previous to the date the lawsuit is filed.

If you have been working more than 8 hours in a day or more than 40 hours in a week and feel that you may be misclassified as “exempt” and not entitled to overtime pay, it is critical that you talk to a California labor law attorney to review your possible claims.

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California Title Assistants, Title Officers and Title Specialists may be in for a nice New Years Gift. Research and investigation has shown that many of the title related positions require little independent judgment and in many cases should be classified as non-exempt or in other words entitled to California overtime pay.

If this is the case, these employees may be entitled to overtime pay as well as other related damages under the California labor code.

California class action attorneys have recovered millions of dollars on behalf of employees in the Title industry for failure to pay overtime and other related violations.

Some of the most well know title companies in California are Fidelity National Financial , Chicago Title Company , and Lawyers Title Insurance Corporation, and Land America who recently filed for Chapter 11 bankruptcy.

If you are a title assistant, title officer or title specialist in California and you are classified as exempt or deprived of overtime pay, you may wish to speak to a California labor law attorney to find out if you are entitled to overtime pay.

Strategy:Tit

1. If you have worked long hours without overtime pay, gather one pay stub, your performance evaluations and job descriptions.
2. Gather names and phone number of any other witnesses that will attest to the hours you worked and the duties you performed.
3. Contact a California labor law attorney to find out if you and other like you may be entitled to back overtime pay.

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In a recently filed class action against Legends Football League – formerly known as Lingerie Football League – the scantily clad football players allege unlawful treatment because they were wrongfully classified as independent contractors, when in fact, according to the Complaint, they are employees and are due overtime and are entitled to be paid minimum wage also.
Furthermore, the Plaintiffs allege violations of California labor laws as well as the Fair Labor Standards Act or FLSA.
The Lingerie Football League began as a halftime show during the Super Bowl, but soon grew into a 10-team football league in the United States.

What the Plaintiffs will have to show in order to win their case is how much control was exercised over them by the Defendant. If an employer controls hours and working conditions, then there is a tendency to believe that an independent contractor is really an employee, who then is entitled to minimum wages, overtime, and other protections such as workers compensation. Surprisingly, the contracts signed by the football players used terms such as “employ” and “employment” throughout the contract which required them to be present at practices and promotional events.
Should the Plaintiff’s win their case, they will be seeking twice the amount in damages, interest, and attorney’s fees.

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