Your Rights As A Worker In The Golden State

By Jay L. Rosenlieb

California workers are some of the most productive in the entire world, and one of the reasons why is because the laws designed to protect them and their labor are some of the most robust ever created. This means that if you work in the Golden State, your employers and bosses must respect a number of laws, and if they don’t, the courts can be used to fix the situation and get you the justice you deserve.

State and federal law requires that many employee laws are posted in at least one place in a business, commonly in a place where workers can congregate such as an entryway or a break room. Four of the most important rights California workers have include:

1. Minimum Wage: The federal government sets a nationwide minimum wage, currently at $7.25 an hour. However, California sets its minimum wage at $8.00, and with certain exceptions, everyone that works in the state must be paid at least that much money. It is important to remember that minimum wage does not apply to every situation, so it helps to contact an employment law attorney to discover your rights regarding the basic amount you have to be paid per hour.
2. Overtime Laws: Overtime pay is to be paid for any work over eight hours in a day or 40 hours in a workweek. If a person working in a job is entitled to overtime, that amount should be the employee’s regular rate plus one half, commonly called time-and-a-half. Failure to pay overtime is one of the most common types of violations found in job situations in the Golden State.
3. Accurate Timekeeping: Employers in California are required to keep track of all the hours their employees worked, to ensure that they are adhering to all laws and that their workers are being paid appropriately. Many people think that their employers automatically record their time, but there are numerous ways that bookkeeping violations and intentional oversights can occur.
4. Protection from Retaliation: This extremely important but often overlooked and misunderstood right of California workers can make a significant difference in a complicated work environment. The law states that if you take legal action against your employer for a legitimate grievance, they cannot retaliate against you or your job.There are dozens and dozens of other statutes designed to help protect the rights of all the workers in California.

There are, however, dozens and dozens of ways that employers can fail to follow the rules. Sometimes they make innocent mistakes; sometimes they intentionally set out to take advantage of the good faith and trust of their employees. In either situation, the fact of the matter is you and likely your fellow employees have had their rights violated, and you need to take action in order to get the justice you deserve.

If by some chance you find yourself in a working environment where your employer is violating your rights, legal action may be the most effective solution to your problems. Taking your employer to court is another one of your rights, and can make all the difference in the world.

Jay L. Rosenlieb of the California Employee Rights Attorneys is an experienced employment lawyer. Mr. Rosenlieb will represent you and your fellow employees to ensure your rights as California workers.

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Giving formal deposition testimony can be stressful if you are not prepared. If you are anxious or uncertain, those emotions will affect your appearance, and may adversely impact your credibility. You may seem evasive or unable to remember, when you actually are just too nervous or too surprised. Here are some ways to maximize your deposition performance:

1. Watch a training video for witnesses facing depositions. There is nothing like “being there.” Your attorney should provide you such a video on request. Several companies produce these “preparation” videos. The video should be one simulating an actual deposition process. It should point out pitfalls and opportunities on how to answer questions.

2. Ask your attorney questions about the process well before the deposition date. What are the issues in the case, and how will the attorney taking the deposition likely approach those issues in the deposition? You can be sure the attorney is looking for more than just information. She or he wants “admissions” that the attorney can use to make or defeat the case. An admission might be, for example, in an employment case, the answer “Yes” to the question: “Did you agree by this writing [Exhibit "A"] that you were an “at will” employee?”

3. Listen carefully to the scope of the question. Answer only the question. Avoid blurting out long answers. They only invite more questions going down trails you might have better avoided.

4. Practice a mock deposition with your attorney, and let your attorney “rough you up” a bit with some aggressive or tricky questioning. That is the best way to learn. Your attorney should initiate such a preparation session, but if she does not, ask for it.

5. Whatever happens, remain cordial and polite. Avoid being sarcastic or argumentative. Being rude or angry will cost you points with the judge or jury. Most depositions are now videotaped, and so anticipate your face will be telling a story, as well as your words.

6. Lawyers can ask the dumbest questions, or the most compound, complex, and confusing questions. If you get a question you don’t fully understand, don’t answer the question. Instead, ask for a clarification, explaining that you don’t understand the question.

7. If you need time to fully examine a document placed before you in deposition, take the time. Don’t be rushed into answering questions about a document you do not remember, or have not reviewed fully.

8. Memory is notoriously poor with the passage of time. Don’t state as a certainty that you remember things that you are not able to recall clearly. State instead: “I don’t recall”, or “My best estimate is…” Avoid guessing.

9. Be rested, and as focused as possible. Do not be under the influence of medications. If you are tired during the deposition, and unable to concentrate, ask for a recess.

10. If the attorneys make objections, let them complete the objection for the record, and unless instructed by your attorney not to answer, complete your answer. If the attorneys engage in a yelling match, or undertake a long exchange of argument about a point of law on the record, let them finish, while you wait patiently for a question to answer.

These ten points will not make the process particularly fun, but they will give you a greater sense of confidence and control to complete the process favorably to your case. Not enumerated is the obvious best advice of all: Tell the truth.

Frank Pray
http://www.employee-rights-atty.com
949.251.1006

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Since employment law and workers’ compensation law both relate to people and their workplace it is common, however incorrect, for the two to be used interchangeably in conversation. Here are the key distinctions between these important areas of the law.

Employment Law is:

• ADA Violations – The Americans with Disability Act, ADA, prohibits discrimination in the work place based on disability. Employers anywhere in the country, including Washington State, with 15 or more employees must provide individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
• Discrimination – Employers cannot treat employees differently due to race, color, religion, sex, age, disabilities, genetic information or national origin.
• Employment Contract Disputes – These kinds of disputes involve issues arising from formal employment contracts. These issues typically include non-compete clauses, wages, bonuses, benefits, duration of employment, ownership of intellectual property, and confidentiality.
• FMLA Violations – Employers with over 15 employees must follow the FMLA which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform his or her job due to a serious medical condition; needs to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). Following the leave, the employee should be returned to the same or equivalent position.
• Harassment – This includes any behavior intended to disturb or upset an employee at the work place. This can also include threatening disturbing behavior and unwanted sexual advances.
• OSHA – Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly neglects to protect federal employees, military base employees, longshore and offshore employees. (A recent example is the death of the SeaWorld Trainer by the Orca whale. OSHA fined SeaWorld approximately $75,000 in safety violations.)
• WISHA – Washington Industries Safety and Health Act protects all workers in the State of Washington. Violations of the act are handled through L&I (Labor & Industries).
• Retaliation – This occurs when an employer seeks revenge upon an employee for something the employee feels is legally right. In order to fall under retaliation the following must be present: (1) employee was involved in a protected activity (2) the employee performed the job according to the employer’s expectations (3) the employee suffered a materially adverse employment action (4) the employee was treated less favorably than similarly situated employees.
• Wage and Hour Disputes – These disputes include unpaid time, illegal distribution of tips and failure to pay during breaks. Issues involving misclassification of employees and independent contractors also falls within this employment category.
• Wrongful Termination – Being fired from your job illegally!

You can sue your employer for any of the above violations! Awards can include lost wages and monetary awards for pain and suffering. These cases are argued before the Washington State Human Rights Commission, the Federal Equal Employment Opportunity Commission (EEOC), and the United States Department of Labor.

Employment Law attorneys handle employment law cases.

Workers’ Compensation Law is:

• On the job injuries or occupational diseases.

Workers injured or made sick by their work are eligible for Workers’ Compensation. Benefits include medical care, time loss compensation, permanent partial disability, vocational rehab, pensions, and other payments. The Washington State Department of Labor and Industries (L&I) manages state fund cases and presides over self insured cases. Workers’ Compensation is a no fault system of social insurance which in theory provides sure and certain relief but takes away your ability to sue your employer for all injuries except intentional injuries.

Workers’ Compensation law is what we do. If you need Washington Workers’ Compensation advice click here, if you need a Washington workers’ compensation attorney, call and we’ll do our best to answer your questions and help you.

Can They Overlap?

Yes! Sometimes the issues in employment law cases overlap with the issues in workers’ compensation cases. For example, an individual in Seattle, WA could suffer an injury on the job while at the same time experiencing discrimination due to his or her advanced age. This would result in both a workers’ compensation claim and an age discrimination suit. This individual would therefore have two different cases and two different sets of remedies.

Regardless of whether you think you have a Washington Workers’ Compensation claim or an Employment Law case the Sharpe Law Firm can help you. Attorney Chris Sharpe has been in the Seattle legal community for years and even if his firm cannot take your case, he can put you in touch with an attorney he trusts. Please contact us by computer or call 1-800-919-4636 if we can be of any assistance.

Sharpe Law Firm
4727 44th Ave SW
Seattle, WA. 98116
Phone: (206) 343-1988
Toll Free: 1-800-919-4636

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Yet, in our complicated free enterprise-based society you might require the assistance of an employment lawyer to ensure that your civil rights or your right to earn a fair livelihood is properly protected. Only a skilled employment attorney may possess the expertise required to convince a judge, a jury or a labor board that you deserve compensation for a work-related injury or injustice.

You may feel that your employer has terminated you for the wrong reason because the reasons for your dismissal do not make sense for you. You may get settlement but still feel that the action to terminate you was unfair. In this situation, it becomes important for you to contact an employment lawyer who will determine if the feelings you have can add up to be a wrongful termination case according to the law.

Two common reasons are usually behind a clear-cut case of wrongful termination. The first reason is generally defined as discrimination. The reasons behind that discrimination may be based on race, religion, sex, national origin, sexual orientation, age, or disability.

There was a time when employment law was not as widely practiced as it is these days and before the working public became as conscious about their rights as employees under the laws of New York and several other areas. In that time “troublemakers” were routinely terminated from their employment with little legal recourse.

The other common reason that causes wrongful termination from employment is retaliation. This can take place when an employee complains about discrimination along with other legal issues that violate employment laws of the nation and then the employer fires the employee. If you’re able to prove that such a situation happened to you, you can have a wrongful termination case.

Almost anybody can easily understand the basic reasons which lead to wrongful termination. However, it is essential to contact an experienced employment lawyer to help you present this type of a case in a law court or other legal body to be able to convince the legal bodies that your dismissal from employment was illegal. Comprehending the basics of such cases is easy similar to understanding the simple facts of playing chess. However, understanding the strategies of winning the game or winning the cases is difficult and may take years to master. In wrongful dismissal cases, the strategies of winning involve excellently negotiating and presenting the cases in courtrooms.

The attorneys who specialize in solving cases associated with employment law may also assist people to solve cases involving their pension amounts and medical benefits. You will find employment law attorneys who offer services in a way that does not involve attending hearings in court or before other law bodies like labor boards. Such attorneys will simply equip you for the legal hearings of your case because they sometimes regard this action as not causing a lot of confrontation.

An initial enquiry into the feasibility of pursuing legal action against an employer may actually be conducted over the telephone or using web-based technologies. Employment law lawyers vary in how they charge for their services. Some may waive charges until compensation is gained on behalf of a client; others will bill clients for services rendered throughout their relationship with a client.

New York employment lawyers handle cases related to workplace disputes. For more info about NY environmental torts lawyers click the link.

For those looking for new jobs, the situation can be just as frustrating. Normally responsible employers, overcome by huge numbers of applications, may be tempted to narrow the list using unfair methods. Or, they may simply become (inappropriately ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to reduce assumed risk, however mistaken, imprudent, or illegal.

The good news is that by being knowledgeable about employment laws that safeguard American workers, job seekers can take deliberate action to protect themselves and demandfair hiring practices. “Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” -”Prohibited Employment Policies/Practices”, U.S. EOCC. Businesses can avoid accusations of discrimination by teaching hiring managers appropriate interview techniques. Below are some of the areas that employers and applicants should remain aware of during the hiring process:

Advertising, Recruitment, Application & Hiring

It is against the law for an employer to publish job listings or recruit potential employees in a way that shows preference for (or discourages) applicants because of their race, religion, sex, etc. Using words such as “seeking women” or “recent college graduates” may prevent men and people over 40 from applying, for example. Recruiting only within a specific race community may also violate the law. A word-of-mouth campaign that results almost entirely in hiring within that ethnic community (for example) would be suspect. An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. A job seeker may insist they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) advertisement.

Pre-Employment Inquiries

As a general guideline , informationrequested by an employer during the hiring process should be limited to that which is essential for determining if a person is qualified for the job. The use of personal data such as an applicant’s race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to ask, even if the law does not clearly forbid it. Employers are specifically prohibited from inquiring about disability. An applicant , generally, should not feel pressured to answer inquiries regarding their:

* Race * Age * Height & weight * Credit rating * Religious affiliation * Citizenship * Marital status and/or number of children * Gender * Arrest & conviction history * Disability * Medical history

Exceptions exist when an employer can show that the data is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may legitimately ask questions about height, weight, or physical ability to perform the labor .

Businesses need to teach hiring managers to avoid potentiallymisunderstood (if admittedly friendly) questions. Asking “How old are your children?”, for example, could create the impression of bias against applicants with children if that applicant is not hired. Questions about when collecting personal information is OK can be answered at the EEOC website in more detail. Some areas, such as citizenship and arrest & conviction history, can require subtle interpretation, so employers may wish to consult with a qualified employment lawyer when developing hiring procedures.

If an job seeker feels like they have been discriminated against, the first step, according to monster.com’s career advice columns, is to contact the employment offices . and ask for feedback on the interview. A well-trained HR person should be willing to talk openly about the hiring process. In some cases, the HR contact could look into the situation and grant another interview. If unhappy with the employment office’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment lawyer. A qualified discrimination lawyer can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.

When it’s already hard to find work, discrimination should not add another burden to landing that perfect job. By understanding employment rights, everyone can insist that businesses hire based on their qualifications to do the work.

Before you select a lawyer, visit the experienced attorneys at Williams Law, LLC for more information about Discrimination Law and Sexual Harassment Legal Issues.

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We have all taken jobs we did not want to do. We have all sacrificed our individuality and moral integrity for a paycheck. Some people become so comfortable with being pushed around by an employer that they stop caring about their own well being and instead focus on their employer’s satisfaction and the production of the company. However, it is good to step back and observe your employer on how he or she behaves on a professional level. This may give you the reality check that you need to truly gauge your employer. Would you hire him or her?

Professional

Professionalism in the workplace is necessary to keeping the environment productive. Your employer should be able to understand that you are your own individual and that you should not be subjected to doing things that are against your morals. He or she should also refrain from personal comments or questions that may make you feel uncomfortable. Also, threats, bribes, and blackmails should be avoided. Also, if he or her takes things personally or plays favorites with certain employees then he or she does not know how to act professionally.

Communicative

Do you find it difficult to have a normal conversation with your employer? One of the most important things you should expect from your employer is normal social skills. Some employers may have a motive behind each and every conversation that suggests he or she is wiling to make any sacrifice necessary for the good of the company. This shows commitment, but it can also scare into thinking that he or she cannot handle a conversation unrelated to work.

Understanding, Cooperative, and Respectful

Is your employer understanding to your needs and helpful when you have an issue? The best employers are team players and respectful to people in all positions. They understand that the business or institution is a collection of employees working together to produce a few main goals. If they are not understanding or cooperative then they fail to recognize your importance to the overall business.

Law Abiding

Your employer can be all of the things mentioned above, but if he or she does not provide you with the pay you have earned, does not give enough break time, does not help prevent accidents or injuries in the workplace, and does not respect your personal privacy, then he or she is breaking the law. That is something no one should expect from their employer.

If you would like more information on employer’s expectations and your rights as an employee, contact the Houston employment attorneys of the Ross Law Group.

Joseph Devine

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Although California has the world’s eighth largest economy, experts anticipate difficult times ahead as the state struggles to recover from the recession. The UCLA Anderson Forecast Group has said they expected to see unemployment at 10% or higher through late 2011. The figures show that in today’s challenging economic climate where a steady paying job is as important as ever, a good understanding of employment law is a must.

According to the Bureau of Labor Statistics, California worker’s compensation system covers 15,256,000 employees working for over 800,000 employers in the state. These employees and employers generated a GDP of $1.8 trillion in 2007. In addition, 644,700 occupational injuries and illnesses were reported in 2007. Statistics also showed that in 2007, there were at least 229,871 compensation related hearings.

Some Companies Disregard Employment Laws

A steady paycheck offers more than just a way to provide for your family’s needs. It provides a sense of security that is hard to come by these days. Unfortunately, some employers intentionally or unintentionally neglect or refuse to pay their employees what they are rightfully owed under their contracts or under California law.

In September 2009, the California Labor Commissioner filed a $17.5 million lawsuit against the Federal Loan Modification Law Center for failing to pay their workers for all the hours worked.

In December 2008, the commission also filed a $250,000 lawsuit against an online health care company for unpaid wages. The commission hit the nail squarely when it argued that companies that fail to pay their employees when wages are due create hardships for employees who depend on their wages for the necessities of their family.

Know Your Employee Rights to Protect Yourself and Your Family

Sadly, many employers will go to great lengths to avoid paying their employees properly so they can maximize their profits, even if it means that families must struggle to survive. They count on their employees’ ignorance of employment law or their fear of confronting their superiors. Hence, it is important to be apprised of one’s rights for the sake of one’s self and, more importantly, one’s family.

For example, many employees are unaware that under California employment law, they are entitled to wages if they are forced to work through or miss a meal or rest period.

They’re also unaware that under California employment law, companies cannot deduct, subtract or withhold from an employee’s wages the cost of doing business. This means, for example, that if your company forces you to wear a uniform; they cannot force you to shoulder the expense of paying for and maintaining the uniform.

In addition, many employees do not know how to properly calculate wages due to them for overtime.

Aside from unpaid wages, employees also face the prospect of suffering workplace injuries. Statistics from California’s Department of Industrial Relations showed that in 2005, at least 456 employees were killed in occupational accidents. Out of the number, 384 were wage and salary workers and the majority were men between the ages of 35 and 44. Some common workplace injuries include slip and falls, back injuries, carpal tunnel syndrome and mental stress.

The Labyrinth Of Employment Law and Filing Claims

Unfortunately, fighting for one’s rights can be fraught with many obstacles. When the Government Accountability Office (GAO) recently discovered many troubling trends on how labor complaints were handled.

They discovered that the department tasked to enforce laws on minimum wage and overtime responded slowly to complaints and had a poor complaint intake process. In addition, they also found that many claims were insufficiently investigated. The same problems unfortunately plague California’s Division of Labor Standards Enforcement (DLSE). In short, these public entities do not have the resources or manpower to handle all of these labor complaints.

In addition to these obstacles, the process is made even more complicated by the fact that even the DLSE has no set criteria on how to define an independent contractor. This means that one must often look to the interpretations of courts and enforcement agencies to decide if in a particular claim, one is an employee or an independent contractor. Because of their lack of resources and inability to adequately investigate each claim that comes to the, the DLSE has even urged employees to enlist the help of an employment lawyer.

The author Oscar Wilde once said that the best way to appreciate one’s job is to imagine oneself without it. But having a job and not getting paid properly for it is not only frustrating, it is illegal.

In over three decades, BISNAR | CHASE lawyers have represented over six thousand people in car, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an “AV” rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar, who is the author of this article, and his partner Brian Chase each have a “Superb 10/10″ Avvo rating, the highest possible. John was named a “Community Hero” by the United Way, while Brian was named a “Trial Lawyer of the Year” in 2004,one of the 2007 Top 100 Trial Lawyers, and a 2009 OC METRO Top Personal Injury Lawyer. Isn’t this the legal team you want representing you? For more information on employment law, visit http://www.employee-rights-attorneys.com or call 1-800-561-4887 for a free consultation.

Copyright 2009 BISNAR | CHASE. All Rights Reserved.

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