Orange County Employment Lawyer

Zealous Representation with Integrity Contact Us Now Free Consultation Whistleblower Retaliation Whistleblower Retaliation Fundamentally, a whistle-blower is an employee who reports illegal activity occurring at their workplace. It can also be a person who refuses to participate in activities that violate federal or state law. At the workplace, we are always encouraged to say something when we see something is not right. However, we hear stories of people who have done exactly that and ended up getting terminated from their jobs. How Do You Know the Activity Done is Illegitimate? Most importantly, if you feel like the activity is illicit, it may be so. Even if you end up being wrong, a good-faith believe that the employer has engaged in illegal activity may suffice. Sometimes, after reporting the illegal activity, an employer will investigate, and take the necessary steps t...

More than 60 percent of tech managers report confusion over their job classification and wage eligibility. This confusion matters because a single misstep can cost both workers and companies thousands in lost wages and penalties. With job titles changing fast and companies seeking flexibility, it is easier than ever to cross legal lines without realizing it. Understanding how misclassification really works in the tech world puts you on solid ground for fair treatment and smart business practices. Table of Contents Defining Manager Misclassification In Tech Companies California Overtime Laws For Tech Managers Legal Criteria: Exempt Vs. Non-Exempt Status Common Schemes And Employer Tactics Explained Rights, Protections, And Employee Legal Remedies Risks And Consequences For Tech Employers Key Takeaways Point Details Manager Misclassification Tech companies may improperly classify non-managerial roles as exempt, risking legal violations and financial penalties. California Overti...

Zealous Representation with Integrity Contact Us Now Free Consultation 6th Circ. Won’t Nix Former FedEx Worker’s Retaliation Verdict Law360 (August 5, 2019, 9:04 PM EDT) — The Sixth Circuit on Monday upheld a former  FedEx SmartPost  employee’s $415,000 trial win in her suit accusing the package delivery giant of retaliating against her for complaining about sexist behavior. A three-judge panel let stand a June 2017 verdict and post-trial orders by U.S. District Judge George Caram Steeh awarding Sheryl  Hubbell  damages in her suit alleging that FedEx SmartPost, a unit of FedEx Corp., mistreated her based on her gender and eventually fired her because she made complaints about her manager, who purportedly didn’t want women in leadership roles. The panel said there was plenty of evidence to support both the jury’s decision on liability for Hubbell’s retaliation claims and its awar...

Zealous Representation with Integrity Contact Us Now Free Consultation PAGA Class Actions When an employer acts against multiple employees in a similar way, class action lawsuits are a useful tool to collectively hold those them responsible. Class actions allow an individual to file a single complaint on behalf of others to allege the same harm.  Employers have commonly included arbitration agreement provisions in employment contracts that force employees to waive their rights to be involved in class actions when these types of disputes arise. However, California’s Private Attorney’s General Act of 2004 (or PAGA) allows employees to file a representative lawsuit acting as “private attorney generals,” in lieu of a traditional class action suits, to hold their employers liable for violations of employees’ rights. Orange County employment attorneys at the Serendib Law Firm assist em...

Zealous Representation with Integrity Contact Us Now Free Consultation Fair Labor Standards Act Orange County Employment Lawyers The Fair Labor Standards Act (FLSA) is the federal statute that regulates wage and hour requirements nationwide. The FLSA establishes a federal minimum wage as well as includes provisions regarding overtime pay and what employees are entitled to for differing hours. The Act also sets out what penalties an employer faces if it violates those provisions. If you believe your rights as an employee have been violated and you were denied wages owed to you, an Orange County FLSA attorney at the Serendib Law Firm can help you take proper legal action. Both federal and California state laws protect workers and establish standards to make sure they receive adequate pay. When an employer violates those laws, they must be held accountable. If you have question...

Zealous Representation with Integrity Contact Us Now Free Consultation Arbitrations in Employment Law Cases Arbitration agreements are a speedily growing trend in managing employment law disputes. Arbitration is an alternative dispute resolution method between a worker and an employer. Arbitration usually takes place in front of a retired judge or an experienced attorney who acts as a judge during the arbitration. Employers prefer arbitrations to civil litigation for many reasons. First and foremost, arbitrations proceed only in front of an arbitrator, there are no jurors. They usually progress much more quickly as courts usually are backlogged. The discovery process is much more flexible and faster. Finally, arbitrators do not award as much damages as the jurors usually do. While arbitrators must be neutral, the reality of the matter is that they often times side with employers simply because employers kee...

Zealous Representation with Integrity Contact Us Now Free Consultation Workplace Disability Discrimination- Common Violations by Employers California’s Fair Employment and Housing Act (FEHA) protects employees with medical conditions or injuries in the workplace. Employers are required to abide by FEHA and can be held responsible for violations, whether intentional or unintentional. While the below-discussed violations are non-exhaustive, they are certainly the most common ones. Misunderstanding Terms When an employee is determined to be Temporarily Totally Disabled (TTD) or Temporarily Permanently Disabled (TPD), the employer is required to engage in a timely, good-faith, interactive process with the employee in order to identify and provide reasonable accommodations for that employee. A common violation is when employers take the literal dictionary definition of the terms TTD and TPD to mean that the empl...

Whistleblower protections in financial services might sound dry, but they are anything but ordinary. Under the Dodd-Frank Act, whistleblowers can receive rewards of up to 30 percent of recovered sanctions . Most people picture these rules as a shield for employees, but there is far more at stake. These laws are quietly shaping the entire financial industry and changing how corruption gets exposed from the inside. Table of Contents Defining Whistleblower Protections In Financial Services What Constitutes A Whistleblower In Financial Services Legal Framework And Protections The Importance Of Whistleblower Protections For Employees Preserving Organizational Integrity Psychological And Professional Safety How Whistleblower Protections Work In Practice Reporting Mechanisms And Channels Legal Safeguards And Procedural Protections Key Concepts Related To Whistleblower Protections Protected Disclosures And Qualifying Violations Burden Of Proof And Legal Standards Legal Framework Supp...