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July 2016 Archives

Which employees are exempt from mandatory overtime laws?

The right of California workers to receive additional compensation for overtime work is protected by two statues: the Federal Fair Labor Standards Act and the California Labor Code. Both statutes require employers to pay extra compensation for all work in excess of 8 hours per day or 40 hours per week. The extra compensation is set at one-and-one-half times the employee's regular rate of compensation.

Former chief attorney sues LA County for wrongful termination

The former chief counsel to the Los Angeles County Board has sued the county and individual members of the Board of Supervisors, claiming that they wrongfully discharged him from the position and intentionally and negligently inflicted emotional distress. The facts alleged in the wrongful termination complaint paint a picture of the abuse of political power and paint the plaintiff as opposing many improper actions by the Board.

When can a person who quits a job claim wrongful termination?

Many employees in the Los Angeles area quit their jobs because working conditions have become intolerable, such as repeated incidents of sexual harassment or racial discrimination, unhealthy working conditions, being requested to perform an illegal act and the like. Employees who quit their jobs for these reasons often believe that they have no recourse against the former employer simply because they voluntarily quit. Fortunately, the law is neither so blind nor so simple.

Supreme Court returns service adviser FLSA case to Ninth Circuit

The current vacancy on the United States Supreme Court has apparently affected the outcome of another case. The Court agreed to review the decision of the Ninth Circuit Court of Appeals in Encino Motorcars, LLC v. Navarro, a case in which "service advisors" who worked for a Los Angeles car dealership claimed they were entitled to paid overtime because they were not supervisory employees. After granting certiorari, the Court declined to decide the central issue and instead sent the case back to the Ninth Circuit for further proceedings.

Wrongful termination lawsuit brought by woman in California

This blog recently discussed obligations employers have to pregnant employees. In a recent lawsuit, a California woman asserts that she was wrongfully terminated following her request for maternity leave. The woman brought the lawsuit against her former large corporate employer, a technology company, and others asserting wrongful discharge, violation of the Family and Medical Leave Act and additional wrongdoing. The woman asserts in her claim that she informed her employer in February that she was pregnant, requesting maternity leave in July.

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Law Offices of Allan A. Sigel, P.C.

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