The Federal Arbitration Act (FAA), based on rulings from the United States Supreme Court, trumps a variety of other types of laws. There is currently a split of authority between federal appeals courts as to the interaction between National Labor Relations Act (NLRA) and the FAA. Some circuits, including the Ninth (which covers California) have […]
Misclassified Employees in a Class Action
Quite often it happens that an employer has a policy that is applicable to a group of employees. That is where, typically, the class action vehicle may come in where a group of workers are harmed in the same way so that a single lawsuit against the employer can be brought on behalf of the […]
Proving hours worked in an unpaid overtime case
How do you prove how many hours someone worked a year ago? If there are records, it is a relatively simple task. However, if the employee was classified as exempt, they likely did not punch a time clock. However, there are other ways to prove how many hours and employee worked. For instance, if there […]
Employee lunch breaks and rest periods
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, […]
Misclassified Exempt Employees and Unpaid Overtime
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 […]
