Frivolous Wage & Hour Claims in Temecula
Call Our Employment Lawyers in Temecula
Has your business been hit with a frivolous wage and hour claim? You are not alone. Over the past several years the California legislature has passed a number of extremely “employee friendly” statutes. Most impartial observers deem the majority of the new laws as anti-business.
The Temecula employment law attorneys at Davis Wojcik Duarte, A Professional Law Corporation have more than 50 years of combined experience in defending businesses from these types of frivolous lawsuits and can use this insight in your case.
Understanding Employment Laws in California
Under California law, employees are entitled to a certain standard of treatment by their employers. For instance, employers are required to pay employees at least the minimum wage and provide break periods. In addition, California law recognizes two kinds of employees: nonexempt and exempt. Nonexempt employees are those who do not perform managerial responsibilities and meet certain other criteria. If an employee is classified as nonexempt, they are entitled to overtime pay and other benefits.
While these requirements may appear simple, our firm recognizes that most small and medium size businesses do not have the ability to maintain a dedicated H.R. department to keep the company abreast of new laws and interpretations of existing laws, ordinances, and regulations. These type of businesses can often find themselves violating California’s multitude of labor law statutes without realizing it or intending to do so. That is why it is so important to have reliable legal counsel who can guide you through these disputes.
Anticipating Changes in California Employment Law
Unfortunately, many of the new regulations will simply place additional burdens on employers in California. We at Davis Wojcik Duarte, A Professional Law Corporation are here to assist you and your business as you fight your way through existing and new laws and regulations.
The following is just a sampling of new laws that go into effect in 2015:
- Mandated paid sick leave is will be provided for all employees that qualify, including accrued sick leave (AB 1522).
- The Child Labor Protection Act now provides additional damages for victims and the penalties violators can face (AB 2288).
- Volunteers and interns will now receive anti-discrimination protections under the California Fair Employment and Housing Act as employees do (AB 1443).
- Worker’s compensation and wage responsibilities for the main employer extends to independent contractors that have crews of six or more on the job (AB 1897).
- Employers that have 50 or more employees must now provide supervisorial training on "abusive conduct" (AB 2053).
- There will be no longer be mandatory arbitration of hate crimes or other issues that waive a person’s rights found in California Civil Code 51.7 or 52.1 (AB 2617).
- Citations for minimum wage violations may include waiting time penalties as well now under Labor Code section 203, as well as civil penalties (AB 1723).
- Victims of retaliation may now be entitled to a civil penalty of up to $10,000 if an employer discharges them (AB 2751).
Employer Notice on Minimum Wage Ordinances
As we have seen the minimum wage fluctuate over the past several months, our firm is seeking to keep employers informed on new ordinances. We encourage you to continually monitor local minimum wage ordinances as they are subject to change over time.
Currently, the minimum wage in California is $9.00 per hour, however, it is slated to be raised to $10.00 per hour on January 1, 2016. In addition to state changes, local wage ordinances may also be updated. For example, the City and County of San Francisco raised the minimum wage to $11.05 on January 1, 2015. Under Proposition J, the minimum wage will be increased further to $12.25 by May, 2015 and every July thereafter until 2018. If you do not remain in compliance with these changes, you could face legal complications.
Need to protect yourself from frivolous wage or hour claims?
Contact the employment lawyers at our firm today for legal counsel and representation you can trust. We also have an office in Hemet that can be reached at (951) 652-9000!