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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.

Minimum Wage Law

Are you being paid less than the minimum wage?

Effective July 24, 2009, federal law requires employers to pay their employees at least a minimum hourly wage of $7.25. In addition, many states, including California, have their own minimum wage, which may be higher than the federal minimum wage (the California minimum wage is currently $8.00 an hour). If an employee is covered by both federal and state minumum wage law, they are entitled to the higher minimum wage.

Minimum Wage Violations

Unfortunately, not all employers comply with minimum wage requirements. A 2004 study by the Department of Labor found that 54% of employers in the Los Angeles garment industry underpaid their employees in violation of minimum wage law. A 2008 New York Department of Labor study found that over 78% of car washes inspected paid their employees less than the minimum wage. According to the Employment Standards Administration’s Wage and Hour Division (WHD), the industries where minimum wage violations occur the most, include: restaurants, health care, agriculture, day care, hotels, and garment manufacturing. Examples of minimum wage violations include:

• Simply paying an employee less than the minimum wage.

• Deducting expenses such as the cost of equipment, uniforms, spills, breakage, or cash register shortages from an employee's paycheck so that their wages are less than the minimum wage.

• Forcing employees to work for tips or commission alone.

What can I do if I believe that my employer violated minimum wage law?

Employees who are subject to a minimum wage law violation, may be eligible to bring a suit against their employer to recover lost wages. If you believe that your employer is paying you less than the minimum wage, please call (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.

Learn more about the Federal Minimum Wage

Learn more about the California Minimum Wage

Minimum Wage Law Frequently Asked Questions

1. Can I sign a contract with my employer agreeing to be paid less than the minimum wage?

2. Are minors exempt from the federal minimum wage law?

3. Can my employer fire me because I inquired about my employment rights?

4. How much will Girard Gibb's labor and employment law attorneys charge me?

 


1. Can I sign a contract with my employer agreeing to be paid less than the minimum wage?

No. The minimum wage is an employee right, and cannot we waived by an any agreement between the employer and employee.

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2. Are minors exempt from the federal minimum wage law?

Under the FLSA, employees under 20 are required to be paid at least $4.25 an hour for the first 90 consecutive days of employment. Following the completion of this period, or the employee's 20th birthday, whichever comes first, the employee must be paid at least the federal minimum wage of $7.55 an hour.

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3. Can my employer fire me because I inquired about my employment rights?

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.

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4. How much will Girard Gibb's labor and employment law attorneys charge me?

Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

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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 Attorney
601 California Street, Suite 1400
San Francisco, California 94108


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

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