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...
Wage: Overtime
Does Standby Time Count For Overtime Pay Calculations?
Employees not being paid for all the hours they worked and not being paid overtime properly is a common issue our wage and hour attorneys examine here at Spitz, The Employee’s Law Firm. Wage Theft is a substantial issue facing employees in the modern workplace, with...
Can I Get Punitive Damages For Wrongful Termination?
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...
Can I Unilaterally Settle My Wage And Hour Claim?
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...
Is An Unpaid Internship Legal?
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...
Can My Employer Discredit My Claims By Using Alleged Criminal Activity Of Which I Was Never Convicted?
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...
Why Having Skilled Employment Attorneys Is Critical
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...
Retaliation Is Still Easier To Prove Than Discrimination
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...
Can “Independent Contractors” Actually Be Employees Under The FLSA?
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...
Employers Cannot Retaliate Against Spouses, Siblings, Significant Others
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...