California Law

05 Apr What if my employer doesn’t know that I’m working overtime?

What if my employer gives me more work than I can accomplish in 40 hours and I have to work nights and weekends to get it done? An employer has a right to prohibit you from working overtime. But, if you work that time, and they haven’t strictly forbidden you from working the overtime hours, then technically, you should still be entitled to overtime pay. If they tell you, “Do not work more than 40 hours,” and you go ahead and do so anyway, then that’s a different story, and you may not be able to recover overtime pay. But, if they give you the work, and they don’t tell you not to spend as much time on it as you need to, then you are entitled to overtime pay. Each case is different, and if the court was looking at it, they might adjust how much overtime pay you are entitled to, depending on the specific circumstances of how you went about working those overtime hours and whether your employer knew about it. If you believe that your employer has failed to pay you overtime that you have earned, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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02 Apr Proving overtime claims when there has been inadequate record-keeping

California law requires employers to keep and maintain records on the hours that their non-exempt employees work. If they fail to do so, they can be liable for penalties under the California labor code. In addition, if the employer is being sued for failure to pay overtime, for instance, and they don’t have records, then the court will allow the employee who is suing to estimate the amount of overtime they have worked and take that into consideration in determining how much the employee is entitled to recover. If you believe that your employer has failed to pay you overtime that you have earned, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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28 Mar Do the wage and hour laws apply to undocumented aliens?

Yes, immigration is a matter of Federal Law, but under California State Law, you cannot be discriminated against in terms of your entitlement to compensation based on your immigration status. Whether you can recover the compensation that you should have been paid depends on a number of factors, some of them complicated. But, just because you may not have legal immigration status does not mean that you are not entitled to be paid according to the wage and hour laws of California. If you believe that your employer has violated California wage and hour laws, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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24 Mar Will the court will award attorney’s fees in an unpaid overtime case if an employer is in clear violation?

It is complicated because many violations have their own rules about being able to get attorney fees. Let’s take overtime, for instance: A benefit of California law and overtime claims is that it has a one-way fee shifting provision. If you’re an employee who is not getting paid overtime and you sue and win, you may be able to get attorney fees against your employer. If you lose and don’t get anything, your employer cannot go after you for attorney fees. The idea behind the one-way fee shifting provision is that there is a public policy in place that employees should get paid for the work that they have performed, and they should get paid the amount that the law requires workers to be paid for the work that they’ve performed. If the employer could go after them for attorney fees, then employees would be scared to hold their employers accountable. There is also something called the Private Attorney General Act or PAGA. PAGA basically deputizes citizens to recover penalties on behalf of the state of California. If you win, you can keep 75% of the penalties, and you pay the state 25% of the penalties that you recover. It covers may types of claim under the labor code including overtime and minimum wage. In any type of claim that may not provide for attorney’s fees on its’ own, the Private Attorney General Act would step in and entitle you to attorney fees. If you believe that your employer has violated the California Labor Code, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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20 Mar What if I can’t afford a lawyer to pursue my unpaid overtime claim?

The thing about wage and hour claims is sometimes it just doesn’t make economic sense for a lawyer to take on a case, but there is still hope because there are one of two ways you can still vindicate your rights if your claim is not that big. The first, is that you can go directly to the California Labor Commission to file a wage claim with them. It’s an expedited process, in other words, it’s usually faster than going to court. It doesn’t cost you anything, and you don’t need a lawyer. The other option where a lawyer would be more likely to be involved is if you are presenting a potential class action. When there is a class action claim for overtime of minimum wage or other wage and hour issues, then lawyers have much bigger economic incentive to get involved, and so that would be a way to go vindicate your wage and hour rights. Another possible avenue is if you have a case against your employer for discrimination, harassment or retaliation, and along with that the employer happens to not be paying you overtime. In that case, the lawyer would probably be more likely to get involved because the harassment, retaliation or discrimination claim would provide an incentive for the lawyer to take on the case. Then, while they’re at it, they’ll just add on the wage and hour violation claims as well. If you believe that your employer has violated the wage and hour laws, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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