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Many people assume that if an hourly employee works more than forty hours a week, the law requires that they be paid overtime. Simple, right? But, as our minimum wage and overtime attorneys have previously explained, wage and hour laws are anything but...
In the past, our employment attorneys have addressed the issue of damages and how we calculate them arising out of wrongful termination and other forms of employment discrimination. (Best Law Read: What Kind of Damages Can You Get for Wrongful Termination and...
Labor and employment law is a broad, and complicated beast. It encompasses a myriad of claims including Workers’ Compensation retaliation and interference, discrimination, retaliation, FMLA violations, and wage and hour violations. One thing all of these claims have...
What law protect my rights to overtime pay and minimum wage? Best Wage Rights Lawyer Answer: The Fair Labor Standards Act (“FLSA”) is the federal law that protects non-exempt workers’ rights to be paid minimum wage and overtime pay at time and half for all hours...
The short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...
Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...
It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...
Our wage and hour attorneys at Spitz monitor decisions from Federal courts across the country regarding employers misclassifying employees as independent contractors and expanding eligibility under the Fair Labor Standards Act (“FLSA”). (Do Independent Contractors...
What laws protect against retaliation for reporting discrimination? Best Employment Discrimination Lawyer Answer: All employment discrimination laws have an anti-retaliation provision, including the Title VII of the Civil Rights Act of 1964, the Americans with...
Can My Company Retaliate Against Me For Opposing Discrimination By A Manger Or Supervisor? Best Wrongful Termination Lawyer Answer: As frequent readers of this employees’ rights blog know, if you report discrimination, harassment, wage and hour violations, or certain...
Our employment discrimination attorneys often talk about the fact that there is no case that you can guarantee a win – mostly pointing to the fact that judges and juries can be very unpredictable. Recently, our wrongful termination discussed that a crazy situation...
Our wage and hour attorneys are frequently asked whether or not employees are entitled to be paid for the time they spend working “on call.” As usual, the answer depends. It as been a while since our wage theft lawyers have addressed this issue and a new case gives us...
The Fair Labor Standards Act (“FLSA”) is a federal law that requires all covered, nonexempt employees be paid at least the federal minimum wage per hour, plus time and one-half for all hour worked beyond 40 per workweek. (Best Law Read: Is An Assistant Manager Exempt...
Sometimes, the only thing that you can do is shake your head and shrug your shoulders when a judge makes a ruling that does not make any sense. There is a reason that no trial attorney with any intelligence and experience never guarantees a client a win. There are...
Readers of this blog will know that attorneys at Spitz, The Employee’s Law Firm have their concerns with the Federal Arbitration Act, or the “FAA” for short. (See Step 1: House Passes Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; US Supreme...
What is the easiest employment claim to prove? Best Employment Law Attorney Answer: Do you know what the easiest employment claim to prove is? Retaliation. There are a lot of elements that need evidence to prove race/color, religion, gender, national origin, age, and...