CALIFORNIA 2018 – THE YEAR OF WAGE THEFT, WORKERS RIGHTS, AND FIRED EMPLOYEES GETTING FINANCIAL JUSTICE!

WAGE THEFT: MOST CALIFORNIA EMPLOYEES HAVE NO IDEA THAT THEIR EMPLOYER IS STEALING THEIR WAGES…

WHAT IS WAGE THEFT?

In broad terms, wage theft is the non-payment or underpayment of employees for hours worked, whether intentional or not. It can include any of the following:

  • Employers paying out less than the minimum wage
  • Paying employees the tipped minimum wage for non-tipped work (e.g. Paying a server $2.13 per hour for doing side work like polishing silverware or cleaning glasses)
  • Refusing to provide overtime pay
  • Failing to give workers meal breaks
  • Requiring employees to do off-the-clock work

A truly shocking report came out in 2018. The report detailed that many top U.S. corporations—from Walmart to Bank of America to AT&T—”have fattened their profits by forcing employees to work off the clock or depriving them of required overtime pay,” based on a review of labor lawsuits and enforcement actions. “Wage theft goes far beyond sweatshops, fast-food outlets, and retailers. It is built into the business model of a substantial portion of corporate America.”  Among the dozen most penalized corporations-

  • Walmart, with $1.4 billion in total settlements and fines…
  • Fedex with $502 million.
  • Bank of America ($381 million)
  • Wells Fargo ($205 million)
  • JPMorgan chase ($160 million)
  • State Farm Insurance ($140 million)

It’s not only large Fortune 100 companies that steal employee’s wages, smaller business like restaurants are also some of the largest thieves…

HOW DO RESTAURANTS GET AWAY WITH WAGE THEFT?

Wage theft permeates the restaurant industry, from fast food to fine dining. Though some cities and states have taken steps to protect workers, the problem is rampant: According to a recent New York Times editorial, the Department of Labor’s wage and hour division reported almost “84 percent of full-service restaurants it investigated between 2010 and 2012 had violated labor standards,” and those included wage and tip violations.” From failing to pay overtime to not giving meal breaks, there are numerous ways for employers to cheat workers out of money.

  • Wage theft: more than three-quarters (77%) of 337 restaurant employees surveyed have been victims of wage theft by their employers during the past year, and a third said it happens regularly. Restaurants’ varying systems of distributing tips are confusing and open to abuse.
  • Break violations & fraud: nearly a quarter of our sample said employers made them falsely record taking unpaid
  • Meal breaks. More than 80% reported violations of their legal rights to breaks, either working more than 6 hours without having a meal break or being prevented or discouraged from taking rest breaks.
  • Time theft & unstable schedules: most workers surveyed get their work schedules less than a week in advance and 85% get less than two weeks’ notice. Other common practices, such as on-call and open-ended scheduling, rob employees of their personal time.
  • Sick time & health: more than three-quarters (78%) of workers in the sample have gone to work when they’re sick, injured, or in pain, and 65% have done so repeatedly. Only 11% reported having any paid sick time, and only 17% get any health insurance from their jobs.
  • Discrimination:  wage theft most often targeted women, latinos, and “back-of-the-house” staff.

Among 337 San Diego County restaurant employees surveyed, 77% reported that employers had stolen their wages in at least one way during the past year. A third (33%) of the sample said their earnings were stolen by their employers regularly (always or often).

EMPLOYEE RIGHTS: DO YOU KNOW YOUR RIGHTS?

If you think that your employer has violated your rights let us start helping you immediately! Have you been wrongly fired or harassed? Not paid overtime? Forced to work through your breaks? Not reimbursed for business expenses? If the answer is yes to any of these questions — or you think your employer has otherwise violated your rights — let Lawyers for Employee and Consumer Rights help you recover money or other compensation you may be owed.

California’s workplace protection laws are among the country’s strongest. It was California that pioneered laws requiring that workers take uninterrupted meal and rest breaks in 1916. Other states and federal courts still look to California when defining workers’ rights and setting the rules employers must play by.

This is a summary of the most common employer violations that might entitle you to receiving money compensation, getting your job back, or making an employer follow the law. Many employees are experiencing violations of federal or California workplace-fairness laws without even knowing it. Oftentimes, though, workers rightly sense that something is wrong with the way employers are treating their workers.

One of our lawyers will help determine if you have a claim by phone. Or, contact us through ou ONLINE CHAT. There is no charge for speaking with our lawyers. Everything you tell us is strictly confidential.

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.

 

 

 

 

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!

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!