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  • California IT professionals

    A layperson would believe that with presumably the best and most experienced labor attorneys at their disposal, why would these companies risk losing millions of dollars if they are sued by California class action attorneys for misclassifying employees? Well, these days in this economy, the answer might be easier than you think: simple economics and the bottom line. Companies seemingly hope that the statute will expire on all or part of the overtime pay due to these employees, or that a slick defense attorney can get them out of the case cheaply or perhaps settle for much less in litigation than they would otherwise be required to pay.
    Walter

    www.california-labor-laws-attorneys.com
    "Experienced Overtime Class Action Attorneys"


    This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

  • #2
    California labor law attorney

    I wanted to share some job titles that through the courts in California have been determined to be non-exempt (at least in the cases we or our colleagues have tried). What one will find is that in most instances these job titles will be non exempt yet these are some of the most abused in terms of excessive hours and typically misclassified as exempt.

    California IT Professionals
    nurses
    accountants
    title officers
    escrow officers
    mortgage loan officers
    Many types of assistant managers

    These are just a few. Any while obviously the job duties that each employee performs is central to exemption to overtime these types of employees are commonly misclassfied as exempt from overtime.
    Walter

    www.california-labor-laws-attorneys.com
    "Experienced Overtime Class Action Attorneys"


    This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

    Comment


    • #3
      California overtime lawyer

      Wage orders do not exempt employers from overtime pay, meal and break etc. due to their size. In fact, wage order 15 applies to private households presumably even though they do not engage in any business.
      Walter

      www.california-labor-laws-attorneys.com
      "Experienced Overtime Class Action Attorneys"


      This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

      Comment


      • #4
        California personal attendants

        Another highly abused area of overtime is against home care workers. If a home care worker is working on tasks such as cleaning the home, mowing lawns, running errands (tasks other than those of a personal attendant) more than 20% of the time, it is likely that worker is entitled to overtime pay.
        Walter

        www.california-labor-laws-attorneys.com
        "Experienced Overtime Class Action Attorneys"


        This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

        Comment


        • #5
          California Travel time and stand by

          If standby time is considered "controlled" it must be compensated. If "uncontrolled" it need not be compensated. This determination is fact driven. Generally if the employee must remain on call such that he cannot use such time for his own purposes this time is considered hours worked. Accordingly it must be also considered in the overtime calculation. One little known fact, is that it may be able to be paid at a different rate than other kinds of work.
          Walter

          www.california-labor-laws-attorneys.com
          "Experienced Overtime Class Action Attorneys"


          This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

          Comment

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