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EMPLOYMENT LAW
Obviously your job
is important to you.
It feeds your
family. Pays the
rent. Helps educate
your children. You
work hard for your
employer. You show
up on time and stay
late when needed.
You do your best to
succeed. Though you
have to meet the
requirements
expected at work,
you also have
certain rights under
the law as an
employee.
In California,
employees are
generally considered
“at
will,” which
means that the law
permits employers to
suspend, demote or
terminate (fire)
them without
providing a reason.
As a result, if you
believe your
employer has simply
been unfair to you
in the workplace,
there is usually no
remedy other than
finding another job.
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There are important
exceptions to this
general rule, and
working with a
competent attorney
who understands
employment law is
essential to
protect your
interests and
rights as an
employee.
Employees of large
corporations can
also use a class
action lawsuit to
sue for labor law
violations,
discriminatory
practices, labor law
violations or
violation of
employment
agreements on a
large scale.
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Recent
studies
revealed:
26% of
employees
are paid
less than
the legally
required
minimum
wage.
76% were not
paid the
legally
required
overtime
rate.
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Bill Daniels | Law
Offices is
passionate
about protecting the
rights of California
employees. We
have been involved
in recovering over
$350 million for
California workers.
Understanding
employee rights.
All employees are
protected against
specific abuses
under a variety of
federal and state
laws.
California employees
are generally
considered “at
will,” (blog post)
which means that the
law permits
employers to
suspend, demote or
terminate (fire)
them without
providing a reason.
(Labor Code 2922)
Even so, countless
employees are still
unjustly fired each
year.
With some exceptions
employers must pay
the
minimum wage. If
an employees leaves
by choice or by
being fired, they
are entitled to
their
unpaid wages.
Unpaid commissions
and bonuses are also
due upon
termination,
however, certain
exceptions apply.
Every year employees
are cheated out of
their earned
commissions and
require the
assistance of an
attorney to recover
what is lawfully
theirs.
Nonexempt employees
who work more than
40 hours in a given
workweek, unless
they meet certain
exceptions are
entitled to
Overtime. Exempt
employees are not
entitled to
overtime.) Whether
an employee is
classified as exempt
or nonexempt depends
on several factors,
including (a) how
much they are paid,
(b) how they are
paid, and (c) what
kind of work they
do.
Other wage related
violations may
include: not
reimbursing
employees for
employment-related
expenses, not paying
work preparation
time or travel time
that is legitimately
part of the
employees job,
docking pay of
exempt employees,
failing to treat
mandatory
work-related
meetings and
training sessions as
hours worked and
withholding
employees tips.
California Labor
Code provides
employees with a
right to
vacation pay
upon termination of
employment when
vacation is offered
in an employer’s
policy or contract.
Several laws
prohibit
employment
discrimination
based on race,
color, religion,
sex, or national
origin; and among
other things,
provides monetary
damages in cases of
intentional
employment
discrimination.
Other laws prohibit
reprisal against
employees or who
objects to, refuses
to participate in,
or reports, also
referred to as
whistle blowing,
regarding any
illegal activity
conducted by an
employer.
It is important to
realize that there
are federal as well
as state
requirements that an
employee must meet
to determine if
their rights have
been violated, and
an employer has
acted unlawfully.
Working with an
experienced
employment attorney
will help you
analyze your
options.
Bill Daniels | Law
Offices is
passionate
about protecting the
rights of California
employees. We
have been involved
in recovering over
$350 million for
California workers.
Many of the
milestone cases we
have been involved
with have produced
reforms in the law
that now benefit
individuals
throughout our
state.
Employees benefit
from our cutting
edge approach to
protecting their
rights in a range of
workplace matters,
including wrongful
termination,
retaliation,
employment at will,
disability issues,
unlawful business
practices, and
unfair compensation,
in addition to
matters that fall
under the following
broad categories:
LEARNING CENTER
for more information:
Bill Daniels
regularly
publishes a
variety of articles and
videos to keep you abreast of legal developments and case
law that affect our society.
ARTICLES
Disclaimer
The contents of this website are
for informational purposes only.
It is not intended to serve as
legal advice. It is not an
invitation to establish an
attorney-client relationship,
and you should not rely upon any
information presented here
without first seeking legal
advice from an attorney licensed
to practice law in your
jurisdiction.
Sending email to Bill Daniels | Law Offices, APC
or accessing this website does not form an attorney-client
relationship.
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