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LEARN MORE ABOUT YOUR RIGHTS UNDER THE WARN ACT

The Federal WARN Act

Consult with a WARN Act attorney

The California WARN Act

Consult with a WARN Act attorney.

The Illinois WARN Act

Consult with a WARN Act attorney.

The New Jersey WARN Act

Consult with a WARN Act attorney.

The New York WARN Act

Consult with a WARN Act attorney.

LABOR LAW FREQUENTLY ASKED QUESTIONS



General Questions


Q: What should I do if I want to speak to a labor and employment attorney?

A: Fill out the form on the right side of the page or call toll-free (866) 981-4800 for a free consultation with one of our labor and employment lawyers.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment lawyers do not charge our clients for bringing a lawsuit.

Overtime Law Questions


Q: If I work overtime without authorization, is my employer obligated to pay for it?

A: Yes, California employment law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

Q: Can my employer penalize me for working unauthorized overtime?

A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However,California employment law requires that employers pay overtime, whether or not it is authorized.

Q: Are salaried employees entitled to overtime?

A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

Q: Can an employer require an employee to work overtime?

A: Yes, an employer may dictate the employee’s overtime. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Independent Contractor Law Questions


Q: How can an employment law attorney help me if I was denied overtime pay as a result of being missclassified as an independent contractor?

A:If a worker can establish that they should have been classified as an employee rather than an independent contractor, they can file a lawsuit to recover past overtime pay. Our experienced employment attorneys are committed to helping our clients understand the nuances of independent contractor law and obtain the compensation they are owed.

Exempt vs. Non-Exempt Questions


Q: Is salary a factor in determining if an employee is exempt or non-exempt?

A: Under California Labor Code 515, employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment to be considered exempt. Under the Fair Labor Standards Act, employees generally must be paid no less than $455 per week to qualify for an exemption.

Q: What other jobs are exempt under the FLSA?

A: Computer employees (such as computer systems analysts, computer programmers, and software engineers), outside sales employees, and highly paid employees(i.e. employees earning more than $100,000 per year).

Q: Are there exceptions to the requirements for exemption under the FLSA?

A: Yes. The exemptions do not apply to manual laborors, including carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, and construction workers, regardless of their salary or rank. The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees.

WARN Act Questions


Q: What are the penalties for employers who violate the WARN Act?

A: Employers in violation of the WARN Act are generally liable to each affected employee for an amount equal to back pay and benefits for the period of violation for up to 60 days. New Jersey WARN Act differs from other WARN Acts in that it instead requires employers in violation of the Act to pay affected employees severance pay equal to one week of pay for each full year of employment.


Q: How can a WARN Act attorney help me?

A:The WARN Act is enforced when employees, or their representatives, bring individual or class action suits alleging that an employer violated the WARN Act. Our experienced WARN Act attorneys are committed to helping our clients understand the nuances of the WARN Act and obtain the compensation they are owed.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > THE CALIFORNIA WARN ACT: WARN ACT ATTORNEYS

The California WARN Act:
WARN Act Attorneys

What is the California WARN Act?

In January 2003, the California Worker Adjustment and Retraining Notification Act (WARN) was established, expanding on the requirements of the Federal WARN Act. Both the California and Federal WARN Acts protect workers in the event of a covered mass layoff, plant closing, or relocation by requiring employers to give 60 days notice to affected employees. This advance notice gives employees the opportunity to seek employment elsewhere, or to make other preparations in response to the upcoming layoff.

Several other states also have their own "mini" version of the Federal WARN Act. For more information please see the Illinois WARN Act, the New Jersey WARN Act, and the New York WARN Act.

What are my rights under the California WARN Act?

The California WARN Act differs from the Federal WARN Act in a number of ways ways. For example:

  • The California WARN Act applies to layoffs that affect 50 or more employees within a 30-day period. Unlike the Federal WARN Act, the California WARN Act does not require the laid-off employees to constitute a certain percentage of the total work force.

  • The California WARN Act applies to businesses with 75 or more employees, while the Federal WARN Act applies to businesses with 100 or more employees.

  • Unlike the Federal WARN Act, the WARN Act applies to part-time employees in addition to full-time employees.

What should I do if I believe my former employer violated the California WARN Act?

If you believe that you or your colleagues were denied the notification required by the WARN Act, or that your employee rights have otherwise been violated, please fill out the form to the right or call us at (866) 981-4800 for a free consultation with a WARN Act attorney.

WARN Act Class Action Lawsuits Update

SPANSION WARN ACT CLASS ACTION LAWSUIT

Girard Gibbs filed class action lawsuit on behalf of terminated Spansion employees. To learn more about the case and receive updates regarding the status of the case, please visit our Spansion WARN Act Class Action page.

FLEETWOOD WARN ACT CLASS ACTION LAWSUIT

Girard Gibbs filed class action lawsuit on behalf of terminated Fleetwood Enterprises employees. To learn more about the case and receive updates regarding the status of the case, please visit our Fleetwood Enterprises WARN Act Class Action page.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.


Why Girard Gibbs LLP?

Girard Gibbs is a San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our California labor and employment attorneys are knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.







If you would like to contact one of our California employment lawyers by mail at our California or New York offices, please write to:


Girard Gibbs LLP - San Francisco Office
c/o California Labor Attorneys
601 California Street, Suite 1400
San Francisco, California 94108


Girard Gibbs LLP - New York Office
c/o New York Labor Attorneys
711 Third Avenue, 20th Floor
New York, New York 10017

MASS LAYOFF WITHOUT PROPER ADVANCE NOTICE? QUESTIONS ABOUT YOUR RIGHTS UNDER THE WARN ACT?

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