Labor Law

Hire the California Labor Board or California Labor Law Attorneys – You Decide

July 14th, 2009 at 01:06am Under Labor Law

With a downturn in the economy, many employers are cutting back on payroll. Unfortunately, some employers are reducing payroll costs by violating the California overtime laws. When this occurs, employees have essentially two options to recover their California overtime pay: the California labor board, or hiring California labor law attorneys.

Although the California Labor Board is a commonly known option that is a free service to the public, as you will see, in some cases “you get what you pay for.” There are some little known facts about the services provided by the California labor board that will be explained in this article.

Outlined below are the steps for requesting an employee matter ruling from the California Labor Board:

1) Typically the employee will file a complaint at the California Department of Labor with the California Labor Board and the employer will be notified via mail of the complaint, pursuant to California overtime laws.

2) A non-binding mediation is then scheduled by the California Department of labor at the California Labor Board and the employer is made aware of the specific claim made by the employee and the amount of monies that are being claimed. The California Labor Department may also add statutory penalties and or interest to this amount on behalf of the employee.

3) If the matter does not settle at this mediation, a formal hearing is set at the California Department of Labor, California labor board, and the employee and employer may have legal counsel present to represent them. The California state department of labor will have an administrative judge conduct the hearing and both sides will have a chance to present their side, any evidence and any witnesses.

4) Upon hearing the matter, the California Department of Labor, California labor board will issue a ruling. The California department labor rules provide that all parties may be represented by counsel at the Superior Court hearing and the case is conducted as a civil trial.

If you are faced with a violation of California overtime laws by your employer, it is important to consider both your options on how to best pursue your overtime claim. Hopefully the summaries provided above have equipped you with some basic, yet little known information, about the differences between using the free service provided by the California Labor Board or retaining experienced California labor law attorneys to handle your legal matter.

Lars Vheltzer is a freelance journalist who frequently comments on California overtime laws and the California Labor Board. Lars suggests that employees who are suffering from an employer abuse of these laws should consider retaining California labor law attorneys.

July 13th, 2009 at 07:06pm Under Labor Law

A good relationship between a business owner and employees is an ideal picture. Inevitably, there will be differences and there will be occurrences when there will be disputes between the business and its workforce. This is when Labor Law enters the scenario. Labor law is a body of legal premises which sets the foundation for the best possible relationship between the employer and the employees. It contains guidelines, rulings, legal rights, and other precedents which serve as bases to know which side the law will rule in favor of. The Labor Law has a very wide scope which covers employer-employee relationship, disputes about terms and conditions, and bargaining agreements about pay, working environment, and other benefits. It also aims to discipline employers who might be involved with unfair work practices or who may display discriminatory behavior towards co-workers. The labor law also has a space for cases getting settled outside the legal arena. How Labor Law Advisors can Help Lawyers in Munich consider labor cases as among the most complex in their practice. Experience and knowledge play a vital role in understanding the disputes between a business entity and its workers. The concerns are very intricate and it is very important to know the smallest detail of the labor law to make sure cases will be won. Labor law experts will be able to help both the employer and the employees. Employers may seek advice from lawyers in Munich so they can formulate excellent employee handbook or company guidelines. It will also be best if the company will seek consult so all documents can be reviewed prior to signing. Lawyers will also be able to represent the company in case formal complaints will be filed against them. Dispute settlements and bargaining agreements can also be arranged by labor law experts. From the employees end, lawyers in Munich will be able to help them gather evidences against an abusive or offending employer. They can also come up with the best strategies and tactics to ensure that they have a strong case that will be favored by the court. The employees can also be guided by the lawyers during negotiations with the employees. The primary duty of the lawyer is to ensure that all the rights of the laborers are protected. An employer or the employees will have to browse through a long list of labor law experts in Munich. Expertise, track record, and fees must be considered when looking for lawyers in Munich.

If you are searching for information on labor law, you have to look for ‘Rechtsanwalt Arbeitsrecht‘ or for ‘Anwalt Arbeitsrecht’. Knowing the right term to search does help a lot.

A California Labor Law Attorney: Just What You Need in Times of Trouble!

July 13th, 2009 at 01:06pm Under Labor Law

In a time where California labor law is constantly changing and employers are playing it “fast and loose” in order to make ends meet, a California labor law attorney may be just what the doctor ordered to explain the complex California overtime laws.

With a weakening economy, and jobs being shipped overseas, it is not uncommon to see rampant abuse of the California overtime laws. Employers routinely offer comp time instead of overtime – that is allowing an employee to stay late, pay no overtime, but come in late the following day as compensation. This practice directly violates California overtime laws unbeknownst to many employees. Another method is for employers to only pay overtime when an employee works over 40 hours in a week, but not when the employee works over 8 hours in a day. Again, a common practice, but nevertheless, illegal under California overtime laws.

Another form of abuse when it comes to violation of the California labor law is when the employer forces employees to work “off the clock”. This means that after punching out or even before punching in to start the work day, an employee works without any record of payment. Clearly, this practice violates the California labor law as well as California overtime laws. Many employers if left unchecked continue this practice until they are brought to justice either by a claim through the California Labor Board or a private action brought by a California labor law attorney.

Another area of abuse when it comes to California overtime laws is when an employer fails to permit their employees to take a 30 minute uninterrupted lunch after 5 hours of work. This violation of the California labor law has been a hot topic and a recent case has now viewed this violation as a wage violation and not a penalty. This distinction is important since wages in California can be claimed going as far back as 4 years while penalties can only be claimed for one year.

A final area of violation of California overtime laws is the misclassification of employees. This has been an area in which employees suffer the greatest abuse. Under this violation of California labor law, employees who are truly entitled to overtime pay based upon the duties they actually perform are misclassified as exempt from overtime pay. Exempt employees are typically salaried and not paid hourly. Employers traditionally “label” such employees as supervisors or managers, yet in many cases they perform many of the same or similar duties as the rank and file employees or their own subordinates. If a violation of this type of California labor law occurs it can be an expensive lesson for an employer. Employees typically will be entitled to up to four years of back overtime, interest, penalties and their attorney’s fees if they prevail. California overtime laws are meant to be upheld and some employers have learned the hard way.

Many California labor law attorneys who work to enforce the California overtime laws work on a contingency basis. In other words, there is typically no fee up front and the California labor law attorneys only get paid if and when they prevail on the case. This method of payment removes the obstacles from abused employees claiming what is due to them under the many California overtime laws.

In closing, employees should arm themselves with knowledge of California labor law both in straight forward situations that are not particularly complicated as well as complex situations. Employees should consider consulting with a California labor law attorney for legal advice when necessary.

Lars Vheltzer is a freelance journalist who frequently contributes and comments on California labor law and more specifically California overtime laws. Lars suggests that California employees who are suffering from an employer abuse of these laws may be best served by retaining a California labor law attorney.

Labor Law Posters, It’s the Law!

July 13th, 2009 at 07:07am Under Labor Law

State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.

Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.

Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.

Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster. Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.

Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.

Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.

Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.

Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.

Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.

Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.

Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.

Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.

Visit Osha4Less.com for more information on all types of state and federal labor law posters. If you are a California employer you can review the California Labor Law Poster as well.

Labor Law Posters, It’s the Law!

July 13th, 2009 at 01:06am Under Labor Law