Monthly Archives: November 2012

Is Your Exemption From Overtime Appropriate? San Diego Employment Lawyer – 619.202.0264

I received several questions over the past month regarding proper exemption from overtime requirements. The question that begs itself here is am I properly exempt from overtime and therefore I am not legally entitled to receive overtime compensation since my … Continue reading

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When Can Your Employer Legally Discriminate Against You!? – San Diego Employment Lawyer – 619.202.0264

We all know that employers may not discriminate against employees on basis of race, religion, national origin, gender, pregnancy, creed, color, or disability. The issue here is when is it legal for employers to discriminate against employees. Here are the … Continue reading

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Tricks Used By Employers To Avoid Paying Overtime

Some employers, in an attempt to cut costs, use illegal tricks to avoid paying overtime. As an employment attorney, I’ve seen lots of maneuvers, but below are the 10 most common tactics that I’ve seen employers use to cheat workers … Continue reading

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OVERTIME – If an employee works unauthorized overtime is the employer obligated to pay for it? San Diego Employment Lawyer – 619.202.0264

If an employee works unauthorized overtime is the employer obligated to pay for it? The simple answer is Yes. California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s … Continue reading

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OVERTIME – Calculating “Regular Rate of Pay” – San Diego Employment Lawyer – 619.202.0264

The following are examples of how to calculate the regular rate of pay: If you are paid on an hourly basis, that amount is the regular rate of pay. If you are paid a salary, the regular rate is determined … Continue reading

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OVERTIME – What is the “regular rate of pay,” and how is it determined? San Diego Employment Lawyer – 619.202.0264

Overtime is based on the regular rate of pay, which is the compensation you normally earn for the work you perform. The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework … Continue reading

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California Overtime – In General – San Diego Employment Lawyer – 619.202.0264

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by … Continue reading

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Rise of Wrongful Termination Lawsuits – San Diego Employment Lawyer – 619.202.0264

According to a number of insurance companies, wrongful termination lawsuits are on the rise—and they are the single most frequent labor claim. Even though most employment in the US is considered “at will,” wrongful employment termination claims have spiked for a … Continue reading

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Grounds For Wrongful Termination Claim – San Diego Employment Lawyer – 619.202.0264

Even if your employment is at will, your employer may not terminate you when such termination violates public policy. There are various grounds for wrongful termination lawsuits. So what are grounds to make a wrongful termination claim? A wrongful termination … Continue reading

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Sexual Harassment in Work Place on The Rise – San Diego Employment Lawyer – 619.202.0264

Sexual harassment in the workplaces is a well-known issue that thousands of women encounter on a daily basis. But now there is a growing trend of men filing claims of harassment in the workplace. According to a report by the … Continue reading

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