Category Archives: Uncategorized

Wage and Overtime Dispute Cases: How Much Can I Get?

All employees are protected from fraud and retaliation under state employment laws. They are given the chance to avoid hiding the immoral and illegal actions of their employers. These include the failure to make wage payments that are fair and on time. The law helps employees as they speak out against their bosses and take their disputes to court.

Recovered Wages
A judgement helps you to recover all of your unpaid wages. The employer is ordered by the court to pay. The overtime costs are included with the wages.

Interest
In addition, receive interest on the wages that were held back. The interest rate is determined by the law. The longer that you were not paid, the more interest you earn.

If the interest is not issued, receive liquidated damages instead. These amounts are also determined by the law and issued in place of interest. In some cases, these damages are double the amount of your unpaid wages.

Penalties
In California, employers are penalized for paying late or not paying at all. The penalty fees are added in addition to the wages and interest. These fees equal the amount of one month’s wages.

Legal Fees
The employer finally has to pay the plaintiff’s legal fees. You are compensated for the time and money that you spent on the case. The average case takes months to prepare for, while more difficult cases take years to build up.

Find the Right Lawyer
There are plaintiffs who win their cases, and others who do not win. Your fate largely depends on the expertise of a wage violation lawyer. You win by having enough evidence and not by being lucky. Being knowledgeable about the law and when to file a claim is also important. Only an experienced overtime dispute attorney knows the right steps to take.

Wage and hour disputes are common in all areas of employment. Employers should be taken to court and ordered to make wage and overtime payments. Receive compensation for your damages by working with a qualified overtime disputes lawyer in Los Angeles.

Wrongfully Terminated for Disability

If you have been terminated from your job because of a disability that you have, then that is a serious violation of your rights as a worker. An employer is not supposed to let an employee go because of something like a disability. If you feel that someone has done this to you, you need to schedule an immediate appointment with a disability discrimination lawyer in Los Angeles to speak to a caring professional about assisting you. Our disability discrimination lawyer can fight with you to restore what’s rightfully yours.

Many employers have an at-will arrangement that they go by that prevents employees from having any type of job security. However, laws are in place that prevent such employers from firing employees who are in protected classes. Having a disability automatically places you in a protected class of people, and employers are not allowed to get rid of you if you belong to that class. Other protected classes are people of certain ethnic groups, religious backgrounds and ages. Our disability discrimination lawyers in Los Angeles work with these types of cases all the time, and they are available to help you with your situation.

How Disability Discrimination Lawyers in Los Angeles Can Help

A reliable disability discrimination lawyer can help you with your case by examining the facts surrounding your dismissal. If he can find tangible proof that your employer terminated you because you have a disability, your employer will have to answer for doing that. The employer may be subject to a variety of punishments up to and including fines, restoring your job to you, paying you a settlement and many other punishments. It’s important that you have all the evidence with you when you meet with the attorney so that he can put up the best fight possible for you and your case.

Contact A Lawyer Today

Don’t wait one more minute to get in touch with a Los Angeles employment discrimination lawyer. Call today and set up your consultation. You don’t have anything to lose by calling to schedule a quick meeting. In fact, you may have everything to gain. The prospective attorney will listen to your story and then let you know if he can help you. He may be able to help you collect a settlement that can give you back the money that you would have earned if you still had a job. Schedule your consultation with a Los Angeles employment discrimination lawyer today and get the help that you deserve.

National Origin Discrimination

Employment discrimination harms victims, businesses, and society as a whole. For America to function as an inclusive and modern society, jobs must be available to all types of people. No one can face discrimination on the job because of their race, sex, ethnicity, disability, national origin, or other characteristic protected by law. If you or a loved one have suffered discrimination because of your national origin or another reason, contact our employment lawyer near you.

What constitutes discrimination?

The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces employment discrimination law, defines employment discrimination as the taking of an adverse employment action against an employee or job applicant because he or she belongs to a protected class. Adverse actions can occur in the areas of hiring, firing, promotion, layoff, training, benefits, and any other term or condition of employment. It can also take the form of harassment, which includes repeated or severe mistreatment of an employee because he or she belongs to a protected class. For example, making rude and hostile remarks about a person because they come from a certain country would constitute harassment based on their national origin. If you are the victim of workplace bullying, contact an employment attorney right away.

What constitutes national origin?

The EEOC defines a person’s national origin as the foreign country, region, or part of the world from where he or she immigrated from. Though the term national origin may describe a country, discrimination does not have to tie to a nationality. It could also arise because a person is from the Middle East, Africa, Latin America, or other region. If you have experienced this type of mistreatment, you should quickly seek advice from an employment lawyer near you.

How can an employment attorney help?

When employees experience harassment and discrimination, they feel understandably distressed. When this conduct occurs, it is necessary for the victim to report the conduct to the company HR department.

LA area employees can seek advice from a Los Angeles employment discrimination lawyer before making an HR complaint. Our employment lawyer Los Angeles CA can also assist in filing a charge against the company with the EEOC or the State of California. This is especially important in cases of discriminatory or retaliatory termination, as complaints must be filed within 180 days. When necessary, our Los Angeles employment discrimination lawyer can file a lawsuit in state or federal court.

If you have experienced national origin employment discrimination in the LA region, request a free consultation from the law firm of Mann & Elias. You will be in contact with one of our employment lawyers who will protect your rights.

Top 10 Employment Law Violations in the Restaurant Industry

According to an employment lawyer Los Angeles CA, the restaurant industry is notorious for violating employment law. Employers and employees alike need to understand the laws and be prepared to file an employment lawsuit when a violation occurs.

Let’s look at the top employment law violations in the restaurant industry to see when you need an employment attorney:

  • Paying less than minimum wage – California requires that all employees receive minimum wage. Employers cannot use tips to cover any part of this.
  • Not paying for all hours worked – If an employee is required to be at work, the employer is required to pay for that time. According to employment lawyer Los Angeles CA, this includes pre-shift meetings, side work, training, or cleaning.
  • Not paying wages at least twice per month – California requires employers to pay employees at least twice a month. If you are paid monthly, you need to talk with an employment lawyer near you.
  • Not providing meal and rest breaks – Employee rights include a 30-minute lunch break for every 5 hours worked and a 10-minute rest break for every 4 hours worked. Lunch breaks are paid if the employee can’t leave the premises.
  • Making employees pay for uniforms and their maintenance – Employers must cover the cost of required uniforms and their maintenance.
  • Taking tips from employees – California employers cannot take tips from the employees that earned them. They can require the employee to share those tips with other workers, however.
  • Not paying overtime properly – Any time worked, by a non-exempt employee, over normal hours is subject to overtime pay rate, which is one and half times the regular pay.
  • Making employees responsible for business related losses – Employers cannot charge employees for any cash shortage, breakage or loss of equipment, unless the employer can prove employee dishonesty, willfulness or gross negligence.
  • Not preserving employment records – Per an employment attorney, employers must preserve employee records and payroll information for 3 years. Time cards, work schedules, and wage additions/deductions must be preserved for 2 years.
  • Not disclosing proper information on pay stubs – The pay stub must show the employee’s name and address, how many hours worked, hourly rate, overtime pay rate, dates being paid, all deductions, and net earnings.

Employers need to respect employee rights and employees need to know what is acceptable and what is not. Consulting an employment lawyer near you will ensure your rights as an employer or employee are not violated. If they are, an employment lawsuit may be in order.

Are You An Independent Contractor? An Employee? A New CA Supreme Court Case Lays Down The Law

by Ava Freund and Imad Elias

The new landmark California Supreme Court case, Dynamex Operations West, Inc. v. Charles Lee has dramatically changed the formulation for determining whether someone is an independent contractor or an employee. Plaintiffs in the case, delivery drivers for Dynamex, claimed that they were misclassified as independent contractors instead of employees.

The court abandoned the existing test for deciding a worker’s status, which included certain factors like whether a person could be fired without cause, who owned or provided the equipment used for work, and the amount of supervision and control. The Dynamex court now says that workers are considered employees if their job is part of the “usual course” of the business operations. In the Dynamex case, the court found that delivery drivers that worked for a delivery service were presumptively employees.

Once it is the determined that the workers’ job is part of the usual course of business operations, the employer must meet the elements of what is commonly referred to as the “ABC” test, a standard utilized in other jurisdictions to distinguish employees from independent contractors. Under this test, a worker is properly considered an independent contractor if the hiring entity establishes:

  • That the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
  • That the worker performs work that is outside the usual course of the hiring entity’s business; and
  • That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity.

This ruling will make it more difficult for companies to expediently label workers as independent contractors rather than employees. Additionally, the burden is now on the employer to overcome the presumption that someone who works for them is an independent contractor instead of an employee.

After reading this, do you feel you’ve been misclassified? Are you doing work which is in the “usual course” of the business but are being labeled an independent contractor? Let us help you figure out if you have a case. Contact us here.

Overtime Pay Disputes

Of all employment law disputes, including harassment and discrimination cases, wage and hour disputes are the most common brought forth by employees. In wage and hour disputes, it is the overtime pay rate and an employer not crediting overtime hours properly that are often the source of the dispute.

While each state may have their own state laws concerning overtime wages, all states must adhere to the federal laws outlined in the Fair Labor Standards Act (“FLSA.” ) Wage and hour disputes specifically relate to the hours worked or pay owed from the hours worked beyond the standard work week of 40 hours are called overtime pay disputes.

Under the FLSA, non-exempt employees working beyond 40 hours per week are entitled to 1.5 times their regular rate of pay for the subsequent hours.

Common Employer Actions That Cause An Overtime Dispute

Sometimes an employer may make an inadvertent error in calculating, classifying, and crediting an employee with the correct overtime pay and/or hours. I’m such cases, most employers will promptly correct the error and credit the employee appropriately after it’s brought to their attention. However, there are cases where employers negligently or intentionally avoid paying overtime and refuse to correct it with back pay. Overtime disputes can arise from the following actions:

• Paying a worker at regular pay rates versus the overtime pay rate they’re entitled to be paid by law.

• Miscalculation or not crediting an employee with the correct number of hours worked.

• Claiming an employee is exempt from overtime pay or otherwise not due to the appropriate pay.

• Tax and administrative issues.

• Failure to pay an employee back wages.

Resolving Overtime Pay Disputes

Again, if an inadvertent error was made by the employer, then they’re likely to promptly correct their mistake without legal actions. However, if the employer refuses to correct the overtime pay, then there are several courses of action, including:

• Mediation

• Negotiation

• Agency investigations, particularly if the dispute also involves harassment or discrimination.

• Contacting the employer’s dispute resolution or HR departments.

• Legal proceedings in court.

If other employees have suffered a similar overtime pay dispute with the same employer, you may also have an option for a class action lawsuit, whereby you and the other employees would bring a legal case against the employer as a group.

Do I Need An Overtime Pay Lawyer?

Note that there are statutes of limitations in all areas of wage law, meaning that it’s imperative to begin to collect evidence and make a claim as soon as possible to best protect your rights.

If your employer fails to act after you’ve alerted them of your wage dispute, then you may need to hire an overtime pay lawyer to explore your rights and the appropriate course of action to take next.

Class action lawsuits and individual lawsuits clearly require extensive research and display of facts. However, an experienced lawyer can provide invaluable representation and legal advice through all phases of your overtime wage dispute, whether that’s mediation or attending a court hearing.

Most attorneys offer a free consultation to discuss your case, and it’s always prudent to seek out as much help and information as you can if you feel you haven’t been paid appropriately by your employer.

Workplace Retaliation

When an employee is involved in a suit at the workplace, it is a common assumption that at some point, the employer is bound to retaliate especially if the winner of the suit is the employee. Finding a dedicated retaliation lawyer is crucial when building a case.

Employees in most cases are aware that there are laws that protect them against harassment and discrimination. What they do not understand is that the same rules protect them from retaliation as well. This means the employer cannot punish you in any way for bringing out a complaint.

The best way of winning a suit in any workplace is to first understand the employee rights that are governed and protected by the state laws. However, it does not end there. People have the nature of retaliating in cases where they feel threatened, and as an employee, you have to be prepared for this.

Understanding Workplace Retaliation:

Workplace retaliation can come in different ways such being transferred to other places being passed over for promotions and many more, with the extreme case of being fired. In most cases, you don’t stand up for your rights without an employment attorney, as they represent you and your best interest. They give you the guidelines on how to act in the representation of a case against the employer.

When retaliation occurs in most cases, sometimes it is not clear and may be misunderstood to mean other things. However, no one should suffer in silence for this. Some everyday things that are done in retaliation include: demotion and being fired which are the primary negative acts that are visible and regarded as retaliation. Nevertheless, there are those small negative actions as well that are also perceived as retaliation, and in such cases, an employee attorney comes in handy.

When you realize you are being retaliated against by your employer, it is imperative to understand the employee rights first. If it’s not clear to you, consult with an employment attorney and figure out a way to correct it and not have your rights infringed.
In the course of fighting back harassment, discrimination, and retaliation in Los Angeles, our firm in California has lawyers that are dedicated to making sure that every employee’s right is not violated. And in case they are, the matter is taken to court and they make sure retaliation does not take place.

Finding a qualified employment lawyer in Los Angeles is not an easy task, but it is necessary when it comes to employers who think they are unique and above the law. Our employment lawyer in Los Angeles makes sure that your case is on track and with the necessary evidence. We also encourage you to speak out in cases of retaliation. However, the most significant challenge in fighting workplace retaliation is the lack of awareness among most employees

Bonus Disputes at Work

There are times when employees are offered a bonus which can raise some miscommunication and misunderstandings if not explained in detail. An employer needs to know if they are required to pay bonuses to those employees that are leaving. If they do not pay the employees, the bonuses they may be taken to court. They will need to pay the original amount as well as penalties. If there is a question an employment attorney should be contacted right away.

There are many employees that work for a commission. If they are not paid their commission upon the date of termination a company may end up owing them more money. Commissions may be considered wages in some states. A bonus disputes lawyer can help sort this out.

Commissions that are owed to employees need to be clearly stated. An employment lawyer Los Angeles CA can help an employer word this properly. If there is any confusion a former employer may be entitled to commission or bonuses after they had left. An employment attorney can help causes written in the initial contract. They can state that if an employee is terminated they are not entitled to receive commission payments after the date of their termination. If this is not clearly stated a person may have a case. The employee must sign this. This will help protect the employer. If the employer did not acknowledge this or if their signature is missing they should contact a bonus disputes lawyer. This can cost time and money to sort out this matter.

If an employee is terminated and they are looking to get compensation or bonuses the business can also consult an employment lawyer Los Angeles CA. This will help sort out any issues. The bonus may depend on several different things including the effort of the employee. If there are factors affect their effort that lead to the termination the employee may not be entitled to their bonus.

When hiring a person, the employer needs to review their commission and policy including bonuses with the employee. Everything should be stated in language that is easy to read and should be clear. They should answer any questions the employee may have and both parties need to sign their agreements. Going over this paperwork before the employee begins. This can save both parties a headache and dispute in court if the employee is terminated. If the language in unclear a lawyer should review the policy before it is presented to the employees to sign.

Wrongful Termination

Terminated for the Wrong Reasons: A Brief Overview of Filing Claims and Much More

Introduction

It is one thing to lose your job because you did not do it properly. It is quite another to be fired from your job “just because”. Getting fired from your job “just because” is not a good enough reason. Did your boss give you a valid reason? You do have the right to bring false claims against your boss.

An Employment Attorney

The first thing you need to do is hire an experienced employment attorney. You could be entitled to damages including money damages and a nice severance package.

Did you get fired from an illegal standpoint? That is the first thing any wrongful termination attorney will ask you. How do you know if your firing did happen illegally?

1) Has something happened between you and your boss involving sexual harassment? Sexual harassment happens on different levels and each case is different. Click here to see a full guide as to what constitutes sexual harassment.

2) Did you face discrimination of any kind? Discrimination is a broad term and there are many underlying levels.

3) Did you get fired based on your boss breaking an oral or written agreement? A wrongful termination lawyer is going to need to know this.

4) Did you file a report against an employee and now the boss is seeking revenge by firing you? A wrongful termination lawyer will need to know that.

Each case carries a different penalty. You need to be honest with your wrongful termination attorney about what happened. You need to show documented proof of what happened.

What happens when you do not have proof?

What you have is a case of “he said, she said” without the proof to back it up. Employers are smart and vindictive. They have ways of making you look guilty, especially when you are not.

5 Tips to Help You After You Have Been Fired

1) You need to stay calm. Your former employer wants you to react to his negative actions.

2) Do you have an employee handbook? Read it and show it to your lawyer. You will need to be aware of the provisions because your boss will use them against you.

3) Find out what they promised you and collect the information. Make sure it is written down because you can use it to back up your case. Employers do not expect their employers to keep a written account of everything. You need to prove your boss wrong.

4) You cannot back down. Do not let your boss intimidate you on any level. The second he intimidates you is the second they wins.

5) Return any company property and let your lawyer guide you. Let your lawyer do the talking and learn as much as you can about the process.

Do you need a wrongful termination lawyer right now? Visit http://mannelias.com/ to speak with an attorney today. Your case cannot wait another day.

Gender Discrimination at Work is Against the Law

Discrimination at the workplace can assume different forms. The illegality of gender discrimination occurs with any action that negates the terms and condition of employment. It can be in form of sexual stereotype, unwelcomed advances and/or offensive remarks against your sexual orientation. In the process of hiring, firing, job description, promotion, pay and gender identity, gender discrimination may occur. However, according to Title VII of the Civil Rights Acts of 1964 forbids every form of sexual discrimination in the workplace.

This law is binding on not only the Federal and State governments but also private employers, employment agencies, labor organization and every other labor-related establishments. The law also extends to the area of retaliation against reporting of gender and sexual discrimination. Your employer has no right to fire, demote or reduce your pay as a result of your filing or reporting gender discrimination.

When gender discrimination occurs at your workplace, you will need to consider a wide range of options. This will be made easier with the expertise of an employment attorney who can help file a gender discrimination suit against your employer, individual or organization involved. Whenever you feel you have been discriminated against, take the following steps:

  1. Write down the incident while still fresh in your memory
  2. Immediately report the incident to your employer or human resources department.
  3. You need to keep a paper trail, as this will serve as evidence. Therefore, do not report orally but verbally.
  4. Involve your union as they can help or serve as witness
  5. You will also need to file discrimination charges against your employer with a government agency.

However, this could be daunting and challenging, you will need the expert advice of an employment lawyer who will help in seeking justice.