Frequently Asked Questions
Is It Better to Hire an Attorney or Go to the Labor Board?
Employees have two options in pursuing a claim for unpaid wages, overtime, commissions, or other compensation. The first option is to file a claim with the California Labor Board. The second is to hire a private attorney to sue the employer (Read more…)
How Much Time Do I have to Bring a Lawsuit?
Statutes of limitations prevent claims that are too old from being pursued in court. The amount of time is prescribed by statute. Although most time limits are relatively clear, sometimes even if the amount of time has passed an employee who was harmed by an employers actions can still bring a lawsuit (Read more…)
How Much is My Wrongful Termination Case Worth?
This depends on what the claim is based on. Claims based on tort law such as termination in violation of public policy are usually eligible for the highest amount of damages; these include lost wages (back pay), future earnings, emotional damages (if you were emotionally harmed by the actions), and punitive damages (to punish the employer). These damages can range from tens of thousands to millions and are often twice as much as cases brought based on violation of a specific statute (Read more…)
How Much is My Overtime Case Worth?
Generally, a claim for unpaid overtime cases is eligible for the entire amount of unpaid overtime as far back as the statute of limitations permits. For cases based on state law this could be as far back as 4 years. For willful violations employers must also pay double the amount of unpaid overtime for as far back as 3 years prior to opting into the lawsuit or filing of the lawsuit (Read more…)
What Should I Consider Before Hiring an Attorney?
California allows any licensed attorney to handle employment law claims. However, you should be picky when selecting an attorney. First, ask how much experience does the attorney have in handling your type of case. Attorneys who specialize in handling employment law or wage and hour cases can rely on their familiarity with the system to help get you favorable results (Read more…)
Are Mechanics Entitled to Overtime Pay?
Most mechanics are entitled to overtime. Some exceptions exist for mechanics that run their own businesses. However, if a mechanic is an employee they must be paid for overtime worked in accordance with California and Federal Law (Read more…)
Are Plumbers Entitled to Overtime Pay?
Unless the plumber is not an employee they must be paid overtime. Employers must pay non-exempt employees overtime regardless of whether they are paid by the hour or by a flat rate (Read more…)
Can I be Fired While on Disability Leave?
You cannot be fired for simply taking your disability leave. However, if an employer has a legitimate reason to terminate you simply being on disability leave will not save your job (Read more…)
How Do I Request Disability Leave for Work?
First, make sure that you qualify for leave under California or Federal law. Under the California Family Rights Act CFRA employees must work for a company with 50 or more employees in a 75 mile radius. The employee must also have worked 1250 hours in the 12 months before the leave begins (Read more…)
Are Nurses Entitled to Overtime Pay?
Most nurses in California must be paid overtime. However, specially certified nurses such as Nurse Practitioners, nurse midwives, and nurse anesthetists who receive a salary of at least $640 per week are exempted from overtime requirements (Read more…)
Free Consultation
If you or someone you know has had their rights violated at work, you may be eligible for damages or remedies that may be awarded in a possible class action or lawsuit. Time is of the essence. Call us today at 858-452-0093 for your free consultation.