CONTACT US | REPORT A FRAUD

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.

Class Action Settlement Reached in Lawsuit on behalf of Former Spansion Employees

The Spansion WARN Act Class Action Lawsuit

On February 26, 2009, Girard Gibbs LLP and Stueve Siegel Hanson LLP filed a class action lawsuit on behalf of former employees of Spansion who were terminated by the company on or around February 23, 2009. The lawsuit charged Spansion with failing to provide the terminated employees with advanced notice of the layoff, as required by the Worker Adjustment and Retraining Notification Act (“WARN” Act). The lawsuit sought a recovery of up to 60 days worth of back-pay and benefits on behalf of each employee that was laid off. After Spansion filed for Chapter 11 bankruptcy in March 2009, the WARN Act class action was re-filed in bankruptcy court and the Court certified the case as a class action on July 22, 2009.

Settlement

On October 6, 2009, the parties in the lawsuit met with a neutral mediator to discuss a potential resolution to the case, and ultimately came to a settlement of $8.568 million, to be distributed to more than 750 former Spansion employees, including more than 600 terminated employees from the Sunnyvale, California location and more than 150 employees that were let go in Austin, Texas. Pending the bankruptcy court’s approval, each employee will receive a direct cash settlement payment, and some class members will have the option of receiving a portion of their settlement benefits in stock or a liquidated stock distribution.

Settlement Approved by the Bankruptcy Court

On June 3, 2010, the Court granted “final approval” of the settlement. What this means is that class members will receive their settlement checks in the coming weeks. If you have questions about the settlement benefits you may receive, please read a copy of the notice that was distributed to class members in March. You can view a copy of those notices below.

California Class Notice

Texas Class Notice

Am I included in the Spansion WARN Act Class Action Lawsuit?

If you were laid off from Spansion in Sunnyvale, California or Austin, Texas on or about February 23, 2009, you may be a member of the proposed class. To ensure receipt of all settlement-related communications, please fill out the form to the right, and include your current mailing address in the comments section. If you have any other questions, including whether or not you will be included as a class member in this settlement, please fill out the form or call us at (866) 981-4800.



Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been chosen as Superlawyers by Law & Politics, recognizing them as among the top 5-percent of attorneys practicing in Northern California.






Learn more about our California labor law attorneys and WARN Act class action lawsuits.


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

SPANSION MASS LAYOFF CLASS ACTION IN THE NEWS

Laid-off Spansion employees outraged over execs' pay increases San Jose Mercury News
February 26, 2009
Read More...

WANT MORE INFORMATION ABOUT THE SPANSION WARN ACT CLASS ACTION LAWSUIT?

Please fill out the form below, or call toll-free (866) 981-4800.

First Name:
Last Name:
Phone:
Email:
State/Province:
Message:

I would like to receive updates concerning this investigation.

Your use of this web site, or sending of email to Girard Gibbs LLP, does not, by itself, create an attorney-client relationship between you and Girard Gibbs LLP.

Privacy Policy: Girard Gibbs maintains the privacy of your message. We do not transfer your personal information, including your email address, to any third party. Information entered in the form will be used solely for informational purposes to assist in our case investigations.