http://www.californiaemploymentlawyerblog.com/ Published by Fakhimi & Associates en-us 2010-01-01T20:39:18-08:00 http://www.californiaemploymentlawyerblog.com/2010/01/restaurant_servers_and_their_r.html Servers working in restaurants, especially the larger and busier chains, need to know their rights when it comes to overtime, rest and meal breaks and compensation paid to other employees. A practice that is somewhat prevalent in the industry is... Class Action Fakhimi & Associates 2010-01-01T20:39:18-08:00 http://www.californiaemploymentlawyerblog.com/2009/12/contractor_or_an_employee.html Many unscrupulous employers resort to misclassifying their employees as “independent contractors” in order to avoid: 1) Paying overtime and benefits to the employee AND 2) Paying payroll taxes to the government. Both result in enormous harm to the community and... Fakhimi & Associates 2009-12-09T20:54:14-08:00 http://www.californiaemploymentlawyerblog.com/2009/06/overtime_pay_in_hard_economic.html However, if an employee who does not fit one of the exemptions, i.e. managerial, administrative, software, etc., then he or she may still be entitled to overtime for hours worked over 8 or 40 hours. Overtime Fakhimi & Associates 2009-06-01T19:53:36-08:00 http://www.californiaemploymentlawyerblog.com/2009/05/how_far_does_an_employers_duty.html In the case of Nadaf-Rahrov v. Neiman Marcus 166 Cal.App.4th at 952, a California Court of Appeal reversed the trial judge’s decision which had held that an employer “was not required to wait indefinitely for [the employee’s] medical condition to improve” so that she could perform an available job. Disability Law Fakhimi & Associates 2009-05-20T22:32:44-08:00 http://www.californiaemploymentlawyerblog.com/2009/04/fakhimi_associates_in_associat.html Attorneys of Fakhimi & Associates along with other co-counsel and associated counsel were able to reach a settlement agreement on a class action on behalf of truckers working for a central California company hauling petroleum products. Class Action Fakhimi & Associates 2009-04-24T16:54:42-08:00 http://www.californiaemploymentlawyerblog.com/2009/03/new_dol_wage_and_hour_opinion.html On March 6, 2009, the United States Department of Labor (DOL) released two Opinion Letter FLSA2009-16 which approved "compressed work schedule" by employers. although at first glance this opinion letter may seem to undermine the single workweek rule of Fair... Fakhimi & Associates 2009-03-23T15:24:45-08:00 http://www.californiaemploymentlawyerblog.com/2009/02/new_developments_in_labor_law.html Beginning January 1, 2009, California’s Senate Bill 940 creates new requirements for employers in the temporary service field. Although current laws require employers to pay employees at least twice a month, new law mandates that temporary service employers pay employees... New Laws Fakhimi & Associates 2009-02-23T14:22:55-08:00 http://www.californiaemploymentlawyerblog.com/2008/11/new_changes_to_fmla.html FMLA was passed during the Clinton administration, to address issues related to leaves requested by employees who needed to attend to their own medical conditions or conditions of a family member. FMLA lets workers take unpaid leave to tend to medical and family needs. To learn more about FMLA and its California counterpart visit our site at http://www.employmentlawteam.com/lawyer-attorney-1327455.html. Draft regulations put forth by the Department of Labor have now become official through the 60 day rule. Although there are aspects of the law that are welcomed by most ( help provided to military families) there are changes implemented than can severely affect an employee’s rights. For a detailed review of new changes visit DOL’s site at http://www.dol.gov/esa/whd/fmla/finalrule.htm. The new changes put in place will take effect on January 19, 2009. New Laws Fakhimi & Associates 2008-11-21T21:46:36-08:00 http://www.californiaemploymentlawyerblog.com/2008/10/repeat_labor_code_offenders.html In criminal law an offender with a prior record gets enhanced sentencing for new violations. Should we apply the same standard to violators of the Labor Code too? If we did then that threat might act a deterrent to many employers who simply violate the law because they know they can’t be caught for each violation. Overtime Fakhimi & Associates 2008-10-18T15:23:45-08:00 http://www.californiaemploymentlawyerblog.com/2008/09/attorneys_fees_and_their_propr.html Without such provisions (attorney’s fees statutes) employees would never be able to hire qualified attorneys and will always be “out gunned” by employers. Removal of attorney’s fees clauses will have a “chilling effect” on employees seeking their rights. Of course, frivolous lawsuits and cases brought maliciously should always subject the party who brings it or the attorney who knowingly takes part in it to penalties and sanctions. Damages Fakhimi & Associates 2008-09-30T14:14:13-08:00