California Employee Rights Advocate : California Labor Attorney & Lawyer : Southern CA Employment Law : Los Angeles, Orange County : United Employees Law Group

While I do not have a crystal ball to determine the long range planned layoffs of companies in California, the California Worker Adjustment and Retraining Notification Act provides some help. The WARN Act requires certain employers of industrial or commercial facilities give affected employees at least 60 days advance written notice of a planned plant closing or mass layoff of 50 or more workers.

Below is a link to this database and a description of the WARN Act:
http://www.edd.ca.gov/Jobs_and_Training/Layoff_Services_WARN.htm#ListingofWARNNotices

California Labor Code Section 1403 provides for a possible civil penalty of $500 a day for each day of violation. Employees may receive back pay to be paid at employee’s final rate or 3 year average rate of compensation, whichever is higher. In addition, employer is liable for cost of any medical expenses incurred by employees that would have been covered under an employee benefit plan. The employer is liable for period of violation up to 60 days or one-half the number of days the employee was employed whichever period is smaller.

If you have been laid off and you feel that you were not given proper notification under the WARN Act, it is important to speak to a California labor law attorney to find out what your rights are.
 

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As heavy unemployment takes it toll on California workers, what many employees may not realize is that they may be entitled to substantial sums of unclaimed overtime plus interest from past employers.

This is essentially money an employee worked long hours to earn but through error or oversight was never paid and is still collectable.

The labor laws in California are the most advanced in the country and are frequently misunderstood and misapplied by both large and small companies. It is fair to say that California law is much more protective than other State and Federal labor laws.

For this reason most employees have no idea that they have been grossly underpaid and can recover these lost wages.

It’s not too late to file a claim for back pay or unpaid reimbursable expenses if it occurred anytime during the last 3 years and likely in the last 4 years for claims which are likely covered under the California Business and Professions Code 17200.

This is very good news for employees who have been deprived of overtime pay from employers and should provide welcome financial relief in these challenging economic times.

Here are a few simple rules for you to consider as a first step in determining if you may be entitled to overtime pay:

It is not an employee’s title that determines if overtime must be paid. It is the type of work actually done as well as the amount of time spent on the various tasks.

It is the employer who must keep detailed records and who must prove that the employee was paid according to law. If the employer has failed to keep these records then the employee is entitled to be paid his overtime based on reasonable estimates.

There are also numerous special rules that apply such as for sales persons and brokers as well as highly trained employees. For example, engineers with advanced degrees or skilled investigators are more than likely not entitled to be paid overtime.

You definitely should not assume that you are not entitled to overtime pay because your employer told you that your job is exempt. It pays to get a professional opinion.

Strategy:

1. List all of the jobs you worked at for the past 4 years. Remember you may be barred from filing a claim if you do not file your case timely.
2. Assemble a pay stub and job description for each job and performance evaluations, if any.
3. Talk to a California labor law attorney to find out if you are entitled to overtime pay.
 

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California and especially the Silicon Valley has long been the hub of computer and software manufacturing in the United States.

With recent layoffs by Yahoo , Hewlett Packard , Lockheed Martin, and others, IT and computer professionals are facing challenges they have never seen in the past.

With the advent of the H1B workers that are entering this company in droves as well as thousands of jobs that are shipped overseas, the laid off computer employee is having fewer and fewer options.

One saving grace, and a little known part of the California labor law is that most computer and IT employees are in fact entitled to overtime pay.

California computer employees are offered additional protections under California labor code 515.5. , Under this statute, those that meet the definition of a computer software professional ie. Code writers, must be paid the minimum under the law and unless otherwise exempt, are entitled to overtime pay.”

At a time when the bills keep coming in and the income has all but stopped or is just trickling in, computer employees are encouraged to find out If they are entitled to back overtime pay.

Employees in California may look back up to 4 years to determine, if they are, in fact entitled to back overtime pay. Furthermore, if they were misclassified, they could be entitled to not just their back overtime pay, but interest and possibly penalties as well. Knowledge is power.

Strategy:

1. Gather a paystub or W-2
2. Gather one or more performance evaluations or a job description.
3. Tally or estimate the total hours you worked without being paid overtime.
4. Contact a California labor law attorney to assist you in determining if you are entitled to overtime pay.
 

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An Orange County Superior Court judge has ruled that the former maid, Maria Jimenez, of Kobe Bryant and his wife Vanessa Bryant, may continue with her Wrongful Termination case, but may not continue her claim for emotional distress or her claim for invasion of privacy since she knew cameras were installed in the Bryant home.

In addition, the Bryant’s are able to continue pursuing their counter claim against the maid for violating a confidentiality agreement for allegedly talking to reporters.

Wrongful termination cases in this economic climate are becoming more and more prevalent. Employers are faced with making hard choices regarding profitability and unfortunately employees get the short end of the stick sometimes since employers have the power.

Strategy:
It is important to document your issue with your employer and seek the legal advice of a California labor law attorney.

• If you have been hurt at work, immediately file a workers compensation claim.
• If you require FMLA (Family medical leave) be sure to place such in writing to your employer.
• If you are pregnant, document such immediately to your employer.
• If you become disabled, inform your employer in writing.
• or experience any other situation that may be protected under California labor law
 

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