YES! CALIFORNIA IS AN “AT WILL “ STATE…YES! YOU CAN STILL SUE YOUR EMPLOYER FOR WRONGFUL TERMINATION…

WHAT DOES AN AT-WILL EMPLOYMENT MEAN?

The general definition of “at-will” employment means that an employee does not have a written employment contract and that the employer has a right to end the employee’s employment for any reason, at any time, with no notice. You can read more about what it means here.

DOES BEING AN AT-WILL EMPLOYEE MEAN THAT YOUR EMPLOYER CAN WRONGFULLY TERMINATE YOU?

No, it does not. While employees may hear their bosses and managers say that they can just fire them for any reason at any time, that is not necessarily true. There are many employee protections in place. First, there are a number of California State and US Federal laws that protect employees, like the California Fair Employment and Housing Act (FEHA) and the Civil Rights Act of 1964.

BEING AN AT-WILL EMPLOYEE DOES NOT MEAN YOUR EMPLOYER CAN FIRE YOU ILLEGALLY

One of the greatest miconceptions about working in California is that your employer can fire you for any reason at all. They can not! Being an at-will employee in California does not mean that your employer can fire you illegally. A California employer can not terminate their employee for an illegal reason. Some of these illegal reasons are…

  • DISCRIMINATION BASED ON YOUR SEX
  • DISCRIMINATION BASED ON YOUR GENDER
  • DISCRIMINATION BASED ON YOUR RELIGIOUS BELIEF
  • DISCRIMINATION BASED ON YOUR SEXUAL ORIENTATION

WHAT ARE SOME REASONS A FIRED EMPLOYEE MAY BE OWED MONEY FROM THEIR EMPLOYER?

If you have been fired and/or quit an employer that treated you unfairly, then you may be owed money. While an employer may fire you for any reason, that does not mean that they can wrongfully terminate employees. Do you believe that you were fired for an illegal reason? If so, then you may be owed money…

  • WERE YOU FORCED TO WORK THROUGH BREAKS?
  • WERE YOU DISCRIMINATED AGAINST AT WORK?
  • WERE YOU FORCED TO WORK OFF-THE-CLOCK?
  • WERE YOU NOT PAID FOR OVERTIME/BREAKS?
  • WERE YOU FIRED FOR BEING PREGNANT?
  • WERE YOU INJURED AT WORK?
  • WERE YOU WRONGFULLY TERMINATED?

YOU HAVE THE RIGHT TO A FREE CASE REVIEW!

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on TwitterInstagramMedium, LinkedIn, or our blog.

See our videos!

WORKPLACE SEXUAL HARASSMENT VICTIMS ARE CALLING LAWYERS & WINNING CASES

 

WHAT HAPPENS WHEN A MAN OR WOMAN IS SEXUALLY HARASSED AT WORK?

A co-worker or boss is sexually harassing them. The inappropriate comments. The unwanted contact. The gross emails. The calls. The texts.

THE VICTIM NEEDS THE JOB, THE MONEY, AND THEY CAN’T JUST LEAVE. WHAT DO THEY DO?

They fight it off. They try to avoid that person. They make the best of it. They deny that it’s happening. They keep the secret that they are victims of sexual assault.

SEXUAL HARASSMENT CAN COME IN MANY FORMS

We may think that workplace sexual harassment only looks like one type of behavior. Actually,workplace sexual harassment can occur in a number of ways, including:

  • Your boss or a co-worker making your employment dependent on sexual favors
  • Your boss or a co-worker subjecting you to Physical acts of sexual assault
  • Your boss or a co-worker requesting sexual favors
  • Your boss or a co-worker verbally harassing you of a sexual nature
  • Your boss or a co-worker making unwanted contact
  • Your boss or a co-worker making unwelcome sexual advances
BEING VICTIMIZED? ASK FOR HELP!

VICTIMS ARE BECOMING MORE EMPOWERED

Ever since the beginning of the #MeToo movement – a global movement against domestic and workplace sexual harassment and assault – the amount of sexual harassment victims that have come forward has risen and risen. Victims of workplace sexual harassment are coming forward – they are standing up!

SEXUAL HARASSMENT VICTIMS ARE CALLING LAWYERS, AND WINNING CASES….

Are you a victim of sexual harassment in the workplace? Do you feel that you are being harassed? You are not alone. Recently, there have been a number of large sexual harassment settlements that all started with the victim standing up and asking for help…

In Illinois, a jury awarded a victim $95 million in a sexual harassment suit…

Here in California, a sexual harassment victim was awarded $168 million dollars…

Even the US CONGRESS paid $18 million in sexual harassment claims…

FEEL HARASSED IN THE WORKPLACE? YOU HAVE RIGHTS!

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on TwitterInstagramMedium, LinkedIn, or our blog.

See our videos!

Have a great day!

LOWER WAGE WORKERS AT HIGHER RISK OF HAVING WAGES STOLEN

IS IT SHOCKING THAT CORPORATE AMERICA IS CAUGHT STEALING?

Maybe not. However, it is quite shocking that Corporate America is stealing from the employees that help them generate billions in revenue every year. Wage theft—-when employers fail to pay employees all legally entitled wages—-impacts all employees, across all workplaces, in all states…However, as one might expect, wage theft impacts young workers, women, people of color, and immigrant workers most of all. The majority of workers with reported wages below the minimum wage are over 25 and are native-born U.S. citizens, nearly half are white, more than a quarter have children, and just over half work full time.

“Wage theft is the rule, not the exception, for low-wage workers,” said Michael Hollander, a staff attorney at Community Legal Services of Philadelphia. “Low-income workers are already in this fragile balance,” said Victor Narro of the UCLA Labor Center. “One paycheck of not being able to get the wages they’re owed can cause them to lose everything.”

Wage theft is a MASSIVE PROBLEM In the 10 most populated states in the union:

  • Workers in all demographic categories being cheated out of pay
  • 17 percent of all low-wage workers are victims of wage theft
  • Wage theft, like minimum wage violations, affects at least 2.4 million workers
  • Those workers lose $8 billion annually to wage theft, involving a variety of wage and hour violations
  • On average wage theft costs those workers an average of $3,300 per year in wage violations

EMPLOYERS STEAL BILLIONS FROM WORKERS’ PAYCHECKS EACH YEAR! BILLIONS!

According to Good Jobs First, some of the most penalized corporations include:

  • Walmart – $1.4 billion in total wage theft settlements
  • FedEx – $502 million in total wage theft settlements
  • Bank of America – $381 million in total wage theft settlements
  • Wells Fargo – $205 million in total wage theft settlements
  • JPMorgan Chase – $160 million in total wage theft settlements
  • State Farm Insurance – $140 million in total wage theft settlements

IT’S NOT ALWAYS THE HUGE COMPANIES

Recently, Brooklyn District Attorney and the New York City Department of Investigation, announced a Brooklyn construction company pleaded guilty to second-degree grand larceny for underpaying and committing wage theft against 21 employees. Let’s walk through the elements of this specific case:

According to the New York Daily News, the Brooklyn District Attorney stated that the affected workers were all immigrants,

According to the filing, the Brooklyn construction company falsely certified that it paid these workers at prevailing wage rates ($62 to $63 per hour).

In reality, the Brooklyn construction company only paid between $10 and $17 per hour and no overtime or benefits

At the end of the day, the Brooklyn construction company ended up owing the workers more than $230,000 in restitution.

DO YOU SUSPECT YOU ARE THE VICTIM OF WAGE THEFT?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on TwitterInstagramMedium, LinkedIn, or our blog.

See our videos!

Have a great day!

2018 CALIFORNIA EMPLOYEE RIGHTS WORKSHEET

 

 

 

 

 

 

 

HAVE YOU BEEN FIRED? HAVE YOU QUIT? ARE YOU OWED MONEY?Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, LinkedIn, our blog and check out our YouTube videos! Have a great day!

CALIFORNIA MISCLASSIFIED EMPLOYEES – THE LIES EMPLOYERS TELL EMPLOYEES

If you work in California, then you  know that some (not all!) employers will do just about anything to save themselves money, and not pay employees what they are owed…

One thing that employers can do to employees is to misclassify them.

Some California workers do not receive minimum wages.

Some California workers do not get overtime pay.

Some California workers do not get pay for meals and breaks.

Whether it is on purpose, or accidentally, California employers can treat certain groups of employees as exempt from overtime pay. When they do this, the employer is not obligated to pay that group of employees overtime.

Think about that.

If your employer MISCLASSIFIED you as exempt from overtime, how much money would that cost you? How much money would that cost you every day? Every week? Every pay period? Every year?

Misclassification is workplace fraud, plain and simple,” said US Secretary of Labor Thomas Perez. “It hurts workers by denying them a fair day’s pay for a fair day’s work, and it also undermines the competitiveness of businesses that are playing by the rules. At the Labor Department, through vigilant and vigorous enforcement, we are cracking down on irresponsible employers who game the system and cheat their employees — and that’s what they are: not contractors, but employees.”

Thankfully, there are solutions. There is help out there!

HOW CAN THIS HAPPEN?

Because some California employers misclassify some workers as independent contractors instead of as employees. In fact, there are and have been a number of recent cases that address just this issue.

WHAT ARE SOME EXAMPLES OF EMPLOYEE MISCLASSIFICATION?

There are many. A good recent example happened right here in California. Sav-on Drug Stores both managers and assistant sales managers claimed they had been misclassified as exempt from overtime.

These managers performed all the duties an employee would — spent their time working just lie a regular employee would — yet were allegedly still denied overtime pay.

Sometimes misclassification occurs when an employer labels an employee an “Independent Contractor.” There are certain positions that are more likely to be misclassified. Take a look at some of positions that have possibly been wrongfully classified as an “Independent Contractor:”

  • INFORMATION TECHNOLOGY WORKERS
  • COMPUTER-RELATED WORKERS
  • TRANSPORTATION WORKERS
  • FAST-FOOD RESTAURANT MANAGERS
  • RETAIL STORE MANAGERS
  • NAIL SALON EMPLOYEES
  • MESSAGE PARLORS
  • TRUCK DRIVERS
  • DELIVERY DRIVERS
  • MESSENGERS
  • HAIR SALONS
  • BARBER SHOPS
  • VETERINARY CLINICS
  • DENTAL OFFICE WORKERS

QUESTIONS TO ASK YOURSELF…

If you answered yes to any of the following questions, then you may be owed money…

  • HAS YOUR EMPLOYER TOLD YOU THAT YOU ARE AN INDEPENDENT CONTRACTOR?
  • DO YOU BELIEVE THAT YOU ARE AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR?
  • DOES YOUR EMPLOYER DENY MEAL OR REST BREAKS OR REFUSE TO PAY OVER TIME BECAUSE IT CLAIMS YOU ARE AN INDEPENDENT CONTRACTOR?

HOW DO WORKERS KNOW WHETHER THEY HAVE BEEN MISCLASSIFIED AS INDEPENDENT CONTRACTORS?

The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists. These include:

  • THE EXTENT TO WHICH THE WORK PERFORMED IS AN INTEGRAL PART OF THE EMPLOYER’S BUSINESS;
  • WHETHER THE WORKER’S MANAGERIAL SKILLS AFFECT HIS OR HER OPPORTUNITY FOR PROFIT AND LOSS;
  • THE RELATIVE INVESTMENTS IN FACILITIES AND EQUIPMENT BY THE WORKER AND THE EMPLOYER;
  • THE WORKER’S SKILL AND INITIATIVE;
  • THE PERMANENCY OF THE WORKER’S RELATIONSHIP WITH THE EMPLOYER;
  • THE NATURE AND DEGREE OF CONTROL BY THE EMPLOYER.

CAN EMPLOYEES REALLY FIGHT BACK?

YES!

Read what the US department Of Labor had to say about two recent cases…

Two recent and very significant legal victories for California workers send a strong message to employers nationwide: if you misclassify your employees, you will face the consequences.

National Consolidated Couriers Inc., based in San Leandro but with clients across the country, has agreed to a court judgment requiring it to pay $5 million in back wages and damages to more than 600 drivers it misclassified as independent contractors, having cheated them out of minimum wage and overtime pay.”

In another major win for workers, a federal judge ruled that drivers for Mountain View-based Stanford Yellow Taxi Cab, Inc. were also misclassified. The court’s decision allows the department to continue with litigation forcing the company to pay nearly $3 million in back wages and damages to dozens of drivers.”

MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!

That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” state that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on Twitter, Instagram, Medium, LinkedIn, or our blog.

See our videos!

Have a great day!

CALIFORNIA WAGE THEFT—–WHAT WORKERS NEED TO KNOW

Most California workers have no idea they may be victims of wage theft.

According to the UCLA Institute for Research on Labor and Employment’s report “Wage Theft and Workplace Violations in Los Angeles”, Los Angeles is the wage theft capital of the country.

 

The survey found that low-wage workers in Los Angeles regularly experience violations of basic laws that mandate a minimum wage and overtime pay and are frequently forced to work off the clock or during their breaks.

First, what is “wage theft”? According to the UCLA Labor Center, “Wage theft is the illegal practice of not paying workers for all of their work including; violating minimum wage laws, not paying overtime, forcing workers to work off the clock, and much more. It is a major problem statewide. In Los Angeles alone, low-wage workers lose $26.2 million in wage theft violations every week–making it the wage theft capital of the country.”

Now, let’s dive a little deeper into the UCLA report:

http://irle.ucla.edu/old/publications/documents/LAwagetheft-Milkman-Narro-110.pdf

WHO IS MOST AFFECTED BY WAGE THEFT?

  • Approximately 17% of all workers in L.A. County work in low-wage industries and frequently experience violations of minimum wage, overtime and break-time laws;
  • Wage theft affects two thirds of the 750,000 low-wage workers in L.A. County;
  • The average worker loses more than $2,600 to wage theft – 15% of their annual income;
  • Workers in low-wage industries are most exposed to wage theft, including those employed by garment, cafeteria, fast-food, retail and residential construction businesses as well as those working as janitors and in restaurants or households.

MINIMUM WAGE VIOLATIONS

  • Almost 30 percent of the L.A. workers sampled were paid less than the minimum wage in the work week preceding the survey, a higher violation rate than in New York City, but with no statistically significant difference from Chicago.
  • The minimum wage violations were not trivial in magnitude: 63.3 percent of workers were underpaid by more than $1.00 per hour.

OVERTIME VIOLATIONS

  • Among all L.A. respondents, 21.3 percent worked more than forty hours for a single employer during the previous work week and were therefore at risk for an overtime violation. Over three-fourths (79.2 percent) of these at-risk workers were not paid the legally required overtime rate by their employers.
  • Like minimum wage violations, overtime violations were far from trivial in magnitude. Those L.A. respondents with an overtime violation had worked an average of ten overtime hours during the previous work week.

OFF-THE-CLOCK VIOLATIONS

  • Nearly one in five L.A. respondents (17.6 percent) stated that they had worked before and/or after their regular shifts in the previous work week and were thus at risk for off-the-clock violations. Within this group, 71.2 percent did not receive any pay at all for the work they performed outside their regular shift.

MEAL AND REST BREAK VIOLATIONS

  • Among all L.A. respondents, 89.6 percent worked enough consecutive hours to be legally entitled to a meal break. However, more than three-fourths of these at-risk workers (80.3 percent) experienced a meal break violation in the previous work week. The L.A. meal break violation rate was higher than that found in New York City, but Chicago had the lowest rate of the three cities.
  • California law requires employers to provide workers ten-minute rest breaks during each four-hour shift (or two ten-minute rest breaks in a standard eight-hour shift). However, this requirement is often violated. The survey found that 81.7 percent of respondents eligible for rest breaks were either denied a break entirely or had a shortened break during the previous work week.

HAVE YOU BEEN FIRED? HAVE YOU QUIT? ARE YOU OWED MONEY?

Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, LinkedIn, our blog and check out our YouTube videos! Have a great day!

SIGNS YOU MAY HAVE BEEN FIRED ILLEGALLY IN CALIFORNIA

There are many, many things that California employers can do to intentionally or unintentionally illegally fire employees. In doing so, they not only treat employees unfairly, they also may expose themselves to a wrongful termination lawsuit.

MOST CALIFORNIA EMPLOYEES HAVE NO IDEA THEY WERE WRONGFULLY TERMINATED…UNTIL IT’S TOO LATE

– When a California fast-food worker gets fired for complaining about being forced to work through meal and rest breaks, he may have been wrongful terminated.

– When a California administrative assistant gets fired for being four months pregnant, she may have been wrongful terminated.

– When a California truck driver gets fired for having a legal medical marijuana prescription, he may have been wrongful terminated.

– When a California warehouse worker quits after being harassed and demeaned by a boss, she may have been wrongful terminated.

Do you know what it’s like to be “wrongfully terminated”…?

If you do, you are way ahead of other California employees.

Most people who do get fired or quit have no idea that they have rights. And, that their termination from that employer may have been wrongful or illegal.

SOME SIGNS THAT YOU MAY HAVE BEEN FIRED ILLEGALLY…

Did your employer/workplace violate the law? If your employer violated any applicable California state employment law, federal labor laws, or even local/municipal laws, then you may be owed money.

Can you answer yes to any of these questions:

  • Were you fired because of the color of your skin?
  • Were you fired because of your age?
  • Were you fired because of your sex?
  • Were you fired because of your national origin
  • Were you fired because of your ethnic group?
  • Were you fired because of your religious affiliation?
  • Were you fired because of your sexual preference?
  • Were you fired because your employer violated public policy?
  • Were you fired because your employer retaliated against you?
  • Were you fired because your employer committed fraud?
  • Were you fired because of your gender identity or expression of gender identity (whether real or perceived?
  • Were you fired because of your military or former military status?
  • Were you fired because of your marital status (whether real or perceived)?
  • Were you fired because you requested past payroll records for review and analysis?
  • Were you fired because of your off-duty political activity?
  • Were you fired and your employer is withholding of payment, bonuses, or commissions?
  • Were you fired because you complained about wrongful treatment?
  • Were you fired due to retaliation for failing to perform illegal acts?
  • Were you fired because your pregnant?
  • Were you fired because you are taking (or you took) leave under the Family Medical Leave Act?
  • Were you fired because you asked for an accommodation for a medical condition or disability?
  • Were you fired because you were on jury duty?
  • Were you fired because you made a claim for Worker’s Compensation benefits?
  • Were you fired and owed money you have actually earned?

DID YOU ANSWER YES TO ANY OF THOSE QUESTIONS?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, or LinkedIn, or our blog.

Have a great day!

THE SUPREME COURT JUST !@#%’ED CALIFORNIA WORKERS

Yet again, the little guy, the individual worker, is being robbed of his or her rights.

This time the thief is the highest federal court of the United States, the Supreme Court of the United States.

On May 21st, the Supreme Court of the United States ruled on the Epic Systems Corp v. Lewis case. The 5-4 decision the Court handed down held that the Federal Arbitration Act of 1925) overrules the National Labor Relations Act of 1935).

Let’s look at some recent workers rights class-action lawsuits:

– In 2016, because of labor law violations regarding California fast food workers, McDonald’s paid $3.75 million dollars to settle a labor lawsuit.

– In 2017, female employees of Walmart filed a complaint in federal court, in Florida, related to the company’s pay and promotion practices, alleging years of gender discrimination.

– In 2017, restaurant chain Panera faced a class-action overtime suit claiming employees were not paid overtime wages they say they were owed when they worked as assistant managers.

The above cases were all strengthened because they were filed as class-action lawsuits.

WHAT IS A CLASS-ACTION LAWSUIT?

A class-action lawsuit is an “important and valuable part of the legal system because they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.”

Class-action lawsuits also empower individual employees to join a “class” of wronged individuals.

WHAT JUST HAPPENED TO IMPACT CALIFORNIA RESTAURANT WORKERS?

With a recent Supreme Court ruling, these class-action cases may be a thing of the past.

WHAT DOES THE RULING MEAN?

The 5-4 decision means that the class-action waivers found in arbitration agreements, as well as other clauses that require employees to arbitrate their claims individually, are enforceable and do not violate the NLRA.

HUH? BUT WHAT DOES THIS MEAN FOR WORKERS!

It means that the days of employees joining class action lawsuits against an employer may be gone.

It means that arbitration agreements may bar employees – individually or as a class – the access to the court system

If an employer violates wage and hour laws, or other labor laws like discrimination, unsafe work environments, and the like, that employees will only be able to bring claims as individuals, and not as a class.

It means that when California restaurants violate wage or other labor laws, employees will only be able to bring claims up individually, in arbitration, and not as a class.

Already this case is having ramifications as thousands of Chipotle workers could be shut out of wage-theft lawsuit by new supreme court ruling

Many agree that this ruling is an appalling affront of employee rights.

WHY IS THIS A VICTORY FOR EMPLOYERS?

This case is seen as a victory for employers because it could significantly reduce the number of claims brought against them, and because historically, cases in arbitration favor the employer over the employee.

MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!

That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” stare that they have no rights. Nothing could be further from the truth.

WHAT SHOULD EMPLOYEES DO IF THEY HAVE BEEN WRONGFULLY TERMINATED?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on IG, Medium, or LinkedIn, 

Have a great day!