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28 Mar Undocumented Workers and Wages

Posted at 10:46h in California Labor Code, California Law, Immigration Status, Overtime, Protected Categories, 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....

24 Mar Attorney’s fees and overtime cases

Posted at 10:43h in Attorney's Fees, California Labor Code, California Law, Legal Assistance, Overtime, PAGA - Private Attorney's General Act, Wages

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....

20 Mar Paying for overtime claims

Posted at 10:38h in California Labor Code, California Law

Many people express concern about paying for overtime claims. Unfortunately, it often doesn’t make economic sense for a lawyer to take on wage and hour claims. Such claims generally smaller and cost more than they are worth. But there is still hope. Fortunately, there are a few ways you can still vindicate your rights, even 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 so it’s usually faster than going to court. Moreover, it doesn’t cost you anything and you don’t need a lawyer. Pursuing a class action claim is another option. 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. Consequently, that would be a way to go vindicate your wage and hour rights. Another possible avenue is if you have additional claims against your employer. For example, you may may have claims for discrimination, harassment or retaliation along with your wage and hour claims. In that case, the lawyer would probably be more likely to get involved because the harassment, retaliation or discrimination claim would make the case more lucrative. Obciously, this provides an incentive for the lawyer to take on the case. While they’re at it, they’ll just add on the wage and hour violation claims as well. Finally, the the labor code provides for attorney's fees for some overtime claims. If you prevail on such a claim, the employer will have to pay for your attorney's fees. This incentivizes attorneys to take your case. If you believe you have a wage and hour claims, contact the Khadder Law Firm today for a free consultation. For more, follow us Twitter and Instagram....

20 Mar Unscheduled Work Days and Overtime

Posted at 10:37h in California Labor Code, California Law, Employment Categories, Exempt, Non-Exempt

People often ask about unscheduled work days and overtime. How do unscheduled work days and overtime work. Does working an unscheduled shift entitle you to overtime pay? The answer depends on your schedule. Unfortunately, the mere fact of working an unscheduled day does not, by itself, entitle you to overtime pay. But, if that unscheduled shift pushes you over a certain threshold, you will be entitled to overtime pay. California law considers any work more than 8 hours in a day to be overtime. So if you work 9 hours in a day, you're entitled to 1 hour of overtime pay. Likewise for more than 40 hours in a week. So if you work 41 hours in a week, you're entitled to 1 hour of overtime pay (more if you worked more than 8 hours on any day). If you have worked 40 hours, Monday through Friday, and then you are required to come in on Saturday, and you are a non-exempt employee, then you're entitled to overtime pay for Saturday. This isn't because you worked a day you weren't scheduled tow work. Instead, it's because you worked over 40 hours in that week. But, if you haven’t worked 40 hours in week, from Monday through Friday, and you have to come in on a Saturday, then as long as it’s under 8 hours or has not exceeded 40 hours in a week, total, then you would just be entitled to your standard pay. If your employer has failed to pay you overtime pay that you've earned, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter and Instagram....

17 Mar Work Breaks and Meals

Posted at 10:33h in Accomodations, California Labor Code, California Law, Failure to Accommodate

California law provides for work breaks and meals for non-exempt employees. Your employer must provide rest and meal breaks depending on how long you work. The labor code provides for a paid 10 minute break for each 4 hours of work. Additionally, the labor code provides for a 30 minute meal break. This kicks if you're working at least 8 hours. Critically, the meal break doesn't count as a rest break. For example, let's take the typical 8-hour shift. Because you work for 8 hours, the law requires your employer to give you a 30 minute meal break at some point. Additionally, you still get two paid rest breaks of ten minutes each, one for each 4 hours you work. Unfortunately, employers regularly fail to abide by these requirements. This is particularly true in the service industry. For example, during the holiday shopping seasons, retail managers may push employees to work through breaks or meal periods during busy times. If you have questions about work breaks and meals, you should contact an employment attorney. You may have a claim against your employer if it has not provided you with breaks and meal periods as required by law. If your employer has failed to provide you with meal or rest breaks, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter and Instagram....