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Employee lunch breaks and rest periods

December 27, 2016 by John McIntyre

For every time you work 3-1/2 hours, you should be getting a 10-minute rest break that’s paid. Any time you work more than 5 hours in a day you are entitled to a 30-minute unpaid lunch break, meaning you are supposed to clock out and clock back in. So, every interval of that 3-1/2 hours, […]

Filed Under: California Labor Law, Wage Claims

Common Contract Disputes

December 22, 2016 by Marc Shea

Common contract disputes and the types of litigation claims associated with those contracts include: Real property sales and purchase contracts.These contracts frequently give rise to claims for breach of contract, specific performance, constructive trust, improper disclosures, and fraud. Real estate lease agreements.Commercial lease and residential lease contracts give rise to claims for breach of contract, […]

Filed Under: Breach of Contracts, Business Disputes, Contracts

Attorneys’ Fees in Unpaid Wage Cases

December 18, 2016 by John McIntyre

What if I can’t afford to hire a lawyer? We take cases on a contingency, meaning we only collect a fee if we recover for you. Our contingency fee is based upon a percentage of the amount that we are able to recover for you. We also offer an hourly fee arrangement and a blended […]

Filed Under: Attorney's Fees

Unpaid Overtime Cases: Calculating Damages

December 15, 2016 by John McIntyre

Q: In an unpaid overtime case, when your law firm successfully gets an exempt employee properly reclassified as non-exempt, can what the employee recovers from their employer in terms of unpaid overtime and other damages be substantial? They can be. The size of the recovery largely depends on how many hours of overtime the employee […]

Filed Under: Employee Classifications, Exempt, Independent Contractors, Nonexempt, Unpaid Overtime, Wage Claims

Contract Disputes: Common Topics

December 14, 2016 by Marc Shea

Contract disputes typically concern one or more of the following topics: Was a contract formed?That is: (a) were there parties capable of contracting? (b) did they consent? (c) did their agreement have a lawful object? (d) was their agreement supported by consideration? The issue of consent is sometimes is phrased as whether the parties had […]

Filed Under: Breach of Contracts, Business Disputes, Contracts

Misclassified Exempt Employees and Unpaid Overtime

December 9, 2016 by John McIntyre

Q: If an employee is classified as exempt and working over 40 hours per week, how would your law firm make the argument that they are entitled to overtime? A: The first consideration we take into account is how much the employee is getting paid. One of the requirements to being exempt in California is […]

Filed Under: California Labor Law, Employee Classifications, Exempt, Independent Contractors, Nonexempt

Breach of Contact: Material and Immaterial

November 28, 2016 by Marc Shea

A breach of contract may be “material” (i.e., an important breach) or “immaterial” (a relatively unimportant breach).  When a breach is material, the party not in breach can terminate the contract and will be excused from further performance of the contract. An immaterial breach may give rise to a right to sue for breach of […]

Filed Under: Breach of Contracts, Business Disputes, Contracts

Is there ever an instance where it is better to be an independent contractor than an employee?

November 25, 2016 by John McIntyre

It really depends on the circumstances of the particular person, but I could envision a scenario where it might be more beneficial to be an independent contractor. If you have significant business expenses that you otherwise would not be able to deduct from your taxes if you were classified as an employee, working as an […]

Filed Under: Employee Classifications, Exempt, Independent Contractors, Nonexempt

Misclassified Employees

November 20, 2016 by John McIntyre

Q: An employee comes into you, has been characterized as an independent contractor for years. How can you help that person? A: There are a lot of factors to be considered such as: How are you paid? Is there a written contract? What does the contract say? And as for the contract, it may be […]

Filed Under: California Labor Law, Employee Classifications, Exempt, Independent Contractors, Nonexempt, Overtime

When Does a Breach of Contract Occur?

November 9, 2016 by Marc Shea

A breach of contract occurs the party in breach fails to perform timely. Often, some leeway is given for time of performance. It is not unusual for a party expecting performance to wait awhile (a few days, a week, maybe more) for the promised performance.   Oftentimes, a phone call, email, or letter, can clear up […]

Filed Under: Breach of Contracts, Business Disputes, Contracts

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