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New trial in preganancy discrimination lawsuit against the French Laundry

30 Sep Court grants new trial in French Laundry discrimination suit

The Khadder Law Firm is pleased to announce that the Honorable Judge Victoria Wood of Napa County Superior Court has granted a Khadder Law Firm client a new trial in her pregnancy discrimination lawsuit against renowned Chef Thomas Keller, The French Laundry, and the Thomas Keller Restaurant Group. For several years, our client worked at Per Se, a Keller restaurant in New York. During a 2016 visit to California, she became interested in transferring to The French Laundry in Yountville. After speaking with management at The French Laundry, our client believed she had secured a position there. Before starting at The French laundry, she discovered she was pregnant. After The French Laundry learned of the pregnancy, it told our client it had no position for her. The French Laundry then denied that it ever offered our client a transfer. She retained the Khadder Law Firm and filed suit in Napa County Superior Court in September 2016. After a month-long trial during May and June of 2019, the jury returned a verdict in favor of the defendants on each of our client's four claims. The Khadder Law Firm, along with our co-counsel, moved the court for a new trial. On September 5, 2019, Judge Wood ordered a new trial as to each of our client's four claims. Judge Wood’s order acknowledges significant irregularities in the jury deliberation process. Additionally, Judge Wood found multiple instances of attorney misconduct by the defense. Based on the strength of our client's evidence and the jury verdict, Judge Wood concluded that these irregularities were prejudicial and that “a new trial is most certainly warranted.” As of now, the court has not set a date for the new trial. For updates on this and more, follow us Twitter and Instagram. If you believe you have been the victim of pregnancy discrimination, contact the Khadder Law Firm today for a free consultation....

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Working overtime to keep up

05 Apr Working overtime to keep up

What if my employer gives me more work than I can accomplish in 40 hours and I'm working overtime to keep up Sometimes an employee ends up working overtime to keep up with their work. But what if your employer hasn't authorized your overtime? What if they don't know that you're working nights or weekends to keep up? Can you recover pay for that time? In general, an employer can prohibit you from working overtime. But, if you work that time, you should still be entitled to overtime pay, at least as long as the employer hasn't told you not to work any overtime. Especially if your employer gives you more than 40 hours of work. If they tell you, “Don't work more than 40 hours,” but you do so anyway, that’s different. In that case, 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 as you need? Then you are entitled to overtime pay. Each case is different. If a court was looking at it, they might adjust how much overtime pay you are entitled to. In doing so, the court will consider the specific circumstances of how you worked those overtime hours. Another factor is whether the employer knew about the overtime. If you believe that your employer has failed to pay you overtime that you have earned, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter and Instagram....

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Overtime and record keeping

02 Apr Overtime claims and record-keeping

A common issue arises regarding overtime claims and record-keeping, or the failure to keep records. Both California and federal law require employers to pay overtime to eligible employees. If your employer hasn't paid you overtime to which you're entitled, you can bring a lawsuit against your employer to recover that pay. In most cases, you can prove your claim using your employer's records. But what if your employer hasn't kept records of your overtime? Proving overtime claims and record-keeping It's more difficult to prove your claims if your employer doesn't have adequate records of your hours. Fortunately, California has laws regarding overtime claims and 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. Therefore, if your employer is complying with the law, you should be able to prove your claim with their records. But even if they don't, the law still allows you to pursue your claims. Proving claims without your employer's records Ideally, your employer has records that accurately reflect how much overtime you've worked. But this isn't always the case. While this can make things more complicated, it's not fatal. For example, suppose an employee sues her employer for failure to pay overtime and the employer hasn't kept records of that overtime. Typically, the court will allow the employee to estimate the amount of overtime they have worked. The court will take that into consideration in determining how much the employee can recover. The more precisely you can estimate the overtime, the better. If you believe that your employer has failed to pay you overtime that you have earned, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter....

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Undocumented workers and wages

28 Mar Undocumented Workers and Wages

Regarding undocumented workers and wages, the most important thing is that wage and hour laws apply to undocumented persons. Immigration is a matter of Federal Law and separate from wage and hour laws. But under California State Law, employers cannot withhold compensation solely based on your immigration status. As such, undocumented workers can sue their employers for unpaid wages. A number of factors determine whether you can recover the compensation you've earned. But your immigration status should not be one. There may be some other reason an undocumented worker cannot recover unpaid wages, but immigration status alone shouldn't be a problem. Of course, in practice, other issues arise around undocumented workers and wages. Specifically, undocumented workers often fear interacting with the legal system. This may prevent them from pressing claims for unpaid wages. This is perfectly understandable, but employers often take advantage of this dynamic. Accordingly, undocumented workers are more likely to be the victims of wage theft or unlawful employment practices. While concerns about interaction with the legal system are understandable, undocumented persons should at the very least contact an employment attorney to discuss potential claims. If you believe that your employer has violated California wage and hour laws, contact the Khadder Law Firm Today for a free consultation. For more, follow us on Twitter and Instagram....

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24 Mar Attorney’s fees and overtime cases

People often ask about attorney's fees and overtime cases. The California law that allows you to sue your employer for unpaid overtime has a one-way fee shifting provision. If your employer doesn't pay you overtime you've earned, you can sue them. If you win, you may be able to collect attorney's fees from the employer in addition to the unpaid overtime. But if you lose, your employer cannot go after you for attorney fees. That's how the one-way fee shifting works. One-way shifting of attorney's fees and overtime cases There's a simple logic behind the one-way fee shifting provision. It is California public policy that employees should get paid for the work that they've performed. Because most unpaid overtime claims are not that large, lawyers would be hesitant to take them if all they could only collect part of their client's recovery. Accordingly, allowing employees to collect fees to pay their attorney makes these claims worthwhile for attorneys. But the possibility of paying for defendant's attorney's fees would deter employees from suing. Therefore, this rule only goes one way to further incentivize employees to sue for unpaid overtime. Attorney's fees and the Private Attorney General Act There is also something called the Private Attorney General Act or PAGA. The PAGA basically deputizes citizens to recover penalties on behalf of the state of California. If you win, you can keep 75% of the penalties. You then pay the state the remaining 25%. The PAGA covers many types of claim under the labor code, including overtime and minimum wage. If you have a claim that doesn't include attorney's fees, be able to sue under the PAGA and get fees that way. If you believe you have a claim for unpaid overtime, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter and Instagram....

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