MANAGERS ARE NOT ALWAYS EXEMPT FROM OVERTIME PAY

To determine whether an employee is exempt from overtime, the law requires more than an examination of the employee's title. Thus, a manager is not automatically exempt from overtime pay.

California has been hit particularly hard by the current economic slowdown. The most recent unemployment rates are hovering around 11% according to the US Department of Labor. In this tough economy, they are doing whatever they can to cut expenses and meet bottom lines. For some employers, this includes lay-offs, hiring freezes, cutting back on benefits and requiring employees to take over unpaid leave.

The reduction in the workforce can mean more work for employees who remain on-the-job. For those in managerial positions, this can result in increased job duties, longer working hours and less compensation. It can also result in managers doing the work of lower-level employees.

Managers are exempt from overtime compensation under federal and state laws. However, it is important to remember that it is not obligatory, and that it is important that this is an important source of compensation.

Those currently in managerial positions should consider their day-to-day duties and determine whether they are spending a majority of their time managing others or performing the same tasks as they supervise. Even though these employees may have their jobs as free, this does not mean their status can not change. Employees who can not afford to be overpaid in the past, or in some cases, double time for hours or 40 hours in a day or 40 hours in a week.

When a Manager May Not Be a Dining

In determining whether an employee is exempt from overtime, the law requires more than just an examination of the employee's title. Merely classifying an employee as a manager does not automatically make up the employee.

Whether or not an employee is exempt from overtime pay depends on what is the position of the employee. According to California law, the following is a requirement for the management of the profession, including the following:

-Customarily and regularly direct the work of at least 2 or more employees
-Customarily and regularly exercising discretionary power
-The authority to hire and fire an employee
-The ability to make comments and suggestions on the subject of self-management.

To be free, the employee must spend more than 50 percent of his / her / its time performing the above-listed duties. For example, if an employee spends only half of his or her time in a managerial role and the other half performs the same duties as those or supervised, the employee may lose status.

Additionally, to be considered a manager, an employee must earn a minimum wage for full-time employment, which currently is $ 2,560.00 per month.

If an employee treats an employee's status as "exempt," the employee does not meet these requirements, the employee may have a claim against the employer for unpaid overtime compensation.

Seek the assistance of an Experienced Employment Law Attorney

It is Advantageous For Employers to classify employees as managers. Employers receive the benefit of employees who may be required to work with them. But if an employee is not employed, the employee is not entitled to pay, and the employee is not entitled to pay any penalty, as a result of the misclassification.

Employees may file a claim with the Division of Labor Standards Enforcement (Labor Commissioner) or may pursue a civil lawsuit against their employer. A wrongful termination attorneyexperienced in overtime compensation claims

There is a limited amount of time in California for a claim for unpaid overtime. Employees should not be affected by this situation, and they should not be allowed to work. Contact an experienced wage and hour worker for hours or hours.

6 QUESTIONS TO ASK AN EMPLOYMENT LAWYER

 

When you are searching for the right legal representation, it can be hard to decide who to chose. There are important questions to ask an employment lawyer that will guide you in selecting the best firm for your needs.

WHAT TO ASK BEFORE HIRING AN EMPLOYMENT LAWYER

Here are six critical questions to ask an employment lawyer before you sign on the dotted line:

1. What particular experience do you have that would make you the right fit for my employment matter?

Employment law firms will differ in size, and some may have a team of lawyers that have years of experience in a particular practice area such as Wrongful Termination, Unpaid Overtime, Sex Discrimination, Sexual Harassment, or other areas of employment law. That kind of support is very valuable in helping to get the best outcomes. During your consultation, ask about the depth of experience the firm has for your type of potential case.

 

2. What is the percentage of cases your firm handles that make up my type of employment matter?

Similar to when you are making other important decisions, such as choosing a medical specialist for a particular illness or injury, you want to pick one who has worked with a number of people like you. If you believe you were fired due to pregnancy discrimination, for example, you want to ask what percentage of their cases involves this type of employment matter.

3. What kind of results are the most likely scenarios for me and my case?

It’s critical to know the possibilities of what can happen if/when you decide to move forward with an EEOC claim or case. This is near the top of the list of questions to ask an employment attorney. Setting these expectations in the beginning — from best to worst-case scenario — will help you throughout the whole process. An employee rights lawyer can’t tell you with absolute certainty what is going to happen but can give you an idea of the different kinds of results that you may expect. These may include:

• Getting reinstated to a job when you were demoted or wrongfully terminated
• Receiving unpaid overtime
• Compensation for lost wages and/or benefits
• Holding employers accountable for their actions
• Remuneration for pain and suffering due to discrimination or harassment

 

If the firm has delivered positive results in your type of employment matter before, they are much more likely to deliver positive results in the future. Keep this in consideration when making your decision.

 

4. What are my legal options?

Depending on what has happened, the attorney may recommend you take your case to trial or settle out of court. It is crucial to make sure they listen and truly understand the full scope of the issue. They are the ones with the legal understanding of the system and the laws, but you should be able to be confident and feel comfortable with that decision, whatever it is (trial or otherwise). Communication is key to understanding your legal options.

 

5. What are your lines of communication?

The clarity in communications is crucial to your relationship with your attorney. Ask questions about the process. Who would be the primary contact for the case or claim? What are the varying lines of communication: email, phone, etc.? Knowing how your law firm will communicate from the very beginning will make the process smoother and less stressful for you. Professional, experienced, and client-centered firms will be able to explain the lines of communication to you during the initial consult. They should also be able to talk to you about the law in a way you can understand.

 

6. What types of testimonials and recognitions have you received?

There is much you can learn from testimonials. If previous clients highly regard the employee rights lawyer and his/her firm, that is a good sign and a clear indication they can be trusted to handle your case. Also, if legal organizations or other respected entities also honor the lawyer and/or firm, this provides you with even more valuable information to consider when making your decision about hiring a firm for your employment law matter.

HOW TO BECOME A WRONGFUL TERMINATION LAWYER IN CALIFORNIA

How To Become A Wrongful Termination Lawyer in California

Becoming a wrongful termination lawyer takes more than attending and graduating from law school. Though a key component of the process, law school really is the preparatory stop on the way to several different exams and real-world experiences that will determine whether or not you will become a lawyer—regardless of your grades and performance in law school.

The biggest and most obvious thing standing between you and the legal profession is the California Bar exam. After completion of law school, you must take and pass the Bar exam, which is one of the, if not the most, difficult Bar exams in the country. With only 27% of law students passing the California Bar exam in February 2018—against a national average of 59%, mind you—what was already viewed as a difficult test and large hurdle to clear on the path of practicing law has reached a difficulty that has not been seen in any state since 1951 (a year in which there were still only 48 states). So, it has become more imperative than ever for prospective Employment Attorneys in California to enter a law degree program that tirelessly prepares them to pass this test that claims for a victim nearly 3 out of every 4 people that take it. The San Francisco Law School (SFLS) has noticed this trend with the state Bar exam, and with that in mind, has worked to focus its curriculum on training each of its students to be more than prepared for the exam, and give them the best chance they have of passing it when the time comes.

How Long Does It Take To Become A Wrongful Termination Lawyer?

Before you can take the California Bar exam, you first must get into and graduate from law school with a Juris Doctorate (JD) degree. Law schools are typically 3-4-year programs that will instill in its students the foundational aspects of the American legal system and the routine work behaviors a lawyer could expect to do every day.  Accredited law school programs also delve into more esoteric, but necessary, topics such as how to write legal briefs, how to argue cases, and how to interpret laws that are already on the books. This is a rigorously intense period, as most post-graduate degree programs are, but one that comes with a nearly unprecedented 20-40% drop out rate for first-year students, with another similarly sized chunk taking out second-year students as well—leaving the law school graduation rate at 33.4% in 2016, the most recent year such is data is available (based on reports from the ABA 1, 2).

So, we’re talking about a rigorous, long-term study that only 1-in-3 people make it through. And this is all before you take the Bar exam. At SFLS, we understand how important this period is as a preparatory period. As a result, we have tailored the law office study program to—in addition to teaching you about the law specialization you are interested in, such as Elder Law, Entertainment Law, Financial Law, Criminal Law and others—to prepare all of our students to such a degree that they often do not even have to take the preliminary California Bar examination, colloquially known as the “Baby Bar”.

But, we’re getting ahead of ourselves. To even be allowed to attend law school, you must first take and pass the Law School Admission Test, better known as the LSAT. Like its professional-practice cousin, the MCAT (Medical College Admission Test), the law is a field that requires such a deep knowledge pool that your dedication to it must be proved before you begin to study it in school. There are ways to mitigate this, however, as many large universities offer pre-law tracks for their undergraduate students. While such an undergraduate track is not necessary for one to pass the LSAT and to succeed in law school or as a lawyer after graduation, it is always helpful to be aware of the existence of such options at American universities.

Suffice to say, becoming a lawyer is a lot of work, but it is one that rewards those who make it through this particular educational gauntlet. Wrongful Termination Lawyers make, on average, $120,000 a year, and with an expected 65,000 new law jobs between now and 2026, it’s as good a time as ever to choose it as a profession, as there will be available positions and law firms well into the future. It is a difficult job and a difficult path to get there, but there is clearly a draw because those 65,000 new positions are adding to a pool of 800,000, just in America, that already exists.

So, if you know that law is the career for you, now you have a better understanding of how to make it the career for you and how we at SLFS can help you walk the that difficult road, and how we can help make that dream job, your job.

2 KEY SIGNS YOU NEED AN EMPLOYMENT LAWYER!

1. You’re Having Employee Issues
2. 1. Drafting Agreements and Employee Contracts:
      1. A wrongful termination lawyer is generally more up to date and informed about the current status of the law and how it applies to your business.
      2. Employment attorney with experience in employee issues and contracts are able to draft your agreements and contracts in a way that forecasts potential issues and liability.
   2. Hiring Independent Contractors:
      1. Independent contractors can often get confused with general employees, so it is important to hire an attorney to help you distinguish between the two and prevent you from being liable for any misclassification and wrongful dismissal.
      2. An employment lawyer can also help you draft independent contractor agreements to reduce your potential liability.
   3. Firing employees or Lay-Offs/RIF:
      1. Hiring an attorney is important when firing or laying off an employee because they can ensure that this is not being done for any discriminatory or retaliatory reason.
      2. There are certain legal requirements for conducting a proper RIF (reduction in force) and a sexual harassment attorney can advise you as to these legal considerations.
   4. Wage and Hour Issues Like Tip Credits, Commissions, or On-Call Time:
      1. To avoid a lawsuit on any unpaid wages, it is important to hire an attorney to make sure you have not only classified your employees properly but that you are paying them properly.
      2. Employees who receive tips or commissions can be tricky to deal with if you do not understand the current status of labor & employment laws.
3. You’re Drafting/Signing/Negotiating Any Contract
   1. Vendor/Service Agreements (i.e., uniforms, etc.):
      1. There is a big misconception that you can easily get out of contracts, which is not the case.
      2. Vendor and Service Agreements can make or break your business and potentially how it operates. Having these contracts reviewed before signing and locking you in them for years is crucial.
      3. Having these contracts reviewed and negotiated can save you a ton of money in the long run.
   2. Signing Commercial Leases:
      1. Commercial Leases are typically one-sided and very much in favor of the Landlord. In fact, many believe they have no negotiating power in the transaction, which is not true.
      2. Having an attorney review and help you negotiate your commercial lease can have a huge positive impact on your business and your pocketbook.
      3. An Employment Lawyer with commercial lease experience are familiar with all of the legal jargon used and are trained to forecast potential issues with the lease.
   3. Buying or Selling a Business:
      1. Hiring an attorney when buying or selling your business is crucial. They can walk you through the process and make sure you are getting a good deal and protected in the transaction.
      2. After the deal is closed, there is not much that can be done to fix it.

9 Things Job Hunters With a Disability Should Know

1.  Where do my rights come from?

When it comes to disability discrimination, there are a few different sources of rights an employee may use to defend himself or herself from mistreatment.  Depending on what type of employee and employer the scenario involves will determine what body of law to apply.  The Americans with Disabilities Act (ADA), the Rehabilitation Act, and the California Fair Employment and Housing Act (FEHA) are the sources of rights for employees with a disability.  Although all three are very similar, FEHA, unlike the other two Acts, is not a federal Act. This means it applies at a state level and is less likely to be interpreted via federal decisions.  The good thing about FEHA is that provides more protection for employees. 

2.  What legislation provides rights to me specifically? 

The answer is not straightforward and may depend on the facts of the particular case, but the Rehabilitation Act will apply to you if work for a federal agency, a federal contractor, or you receive federal financial support.  You may have rights under the ADA if you are one of more than 15 employees at your job.  However, for those employees at a smaller company, FEHA will protect an employee who is one of five or more employees. 

3.  Are employers required to take into account my disability when hiring?

Affirmative action is a particular type of hiring policy enforced by employers to afford equal opportunities to legally recognized minority groups.  Per the Rehabilitation Act, federal contractors are required to incorporate affirmative action in their hiring practices.  This means an employer must consider an employee’s disability when choosing a candidate to fill a position.  However, employers that fall under the ADA and FEHA are not required to apply affirmative action when hiring. For example, an employer would not be obligated to take into account the fact that an employee belonged to a minority group and hire them as a means of representing an underrepresented group. 

4.  Do I have a legally recognized disability?

  Not all conditions, illnesses, or impairments are identified as a “disability” under the law.  It can be frustrating for some employees of interviewees who are entitled to benefits from the government for their disability because this does not automatically deem he or she as an employee with a disability under the ADA.  An employee or interviewee would need to discuss with an employment lawyer as to whether he or she has a legally recognized disability by a particular Act. 

5.  Are my eyeglasses or contact lenses considered a disability?

  Usually, the law determines whether an employee’s disability is legally recognized which is measured by whether the disability impairs an individual’s ability to carry out a major life activity.  But what about if an employee or candidate has poor eyesight, is that considered as a disability? In most cases, an employee or candidate who has poor vision will only be considered as having a disability if the impairment cannot be corrected with prescription eyeglasses or contact lenses. 

6.  What if my disability requires an interpreter or reader?

  For some individuals who have been professionally diagnosed to have a disability may require a reader or an interpreter.  This may arise if an employee or candidate wears a hearing aid or has a processing deficit.  For instance, an employee may be able to carry out a job but on occasion may need someone to read him or her certain paperwork during an annual training seminar or for a person who is undergoing a test in an interview for a position.  Depending on what legislation is relevant to the particular employee or candidate will determine whether the employer is obligated to provide this kind of accommodation.  If an employer is required to provide this type of accommodation to an employee and in which cases refuses, that employer could be liable for disability discrimination. 

7.  What if my disability is irregular?

  For an employee or interviewee, it can be difficult to explain to an employer that their disability impacts them sporadically. does an employee or interviewee tell their employer that their disability is unpredictable?  In other words, the individual can have periods of being in a well state followed by random spells of their disability impacting their health.  Some examples of this may be HIV, epilepsy, diabetes, or remission for cancer. Flare-ups or a spike of impairment does not mean an employee does not have a disability and should not be entitled to accommodation in the workplace. Disabilities are not always predictable and the legislation recognizes individuals who experience sporadic impairments. 

 In certain situations, depending on the specific disability and how the disability affects the employee or interviewee’s ability to perform key life activities, may be considered a disability under California legislation. 

8.  The name disability is not listed under the legislation

  Just because the medical term used to diagnose your disability is not specified under the legislation or perhaps your employer has never heard of it, does not mean you are not entitled to protection under the legislation. In order ensure that most disabilities are recognized, the legislation does not look to the name of a disability or condition but rather to how it impacts an employee or interviewee’s ability to perform key life activities.  Examples of key life activities include bathing, walling, seeing, hearing, speaking, breathing, etc.

9.  How do I know if I was discriminated against based on my disability?

  Many laws in California protect employees with a disability as well as individuals who are participating in job interviews.  Although the laws are there to provide protection, the laws are complicated so employees may not know their rights and employers may not be abiding by their obligations.  The best way to know if you are being discriminated against by an employer to meet with an employment lawyer who specializes in representing employees against their employers.

A good place to start in your search for a discrimination lawyer would be to search for a firm who offers free consultations.