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California Employment Law Blog

Restaurants and wage violations

Wage disputes seem to be a common problem for restaurant employees -- whether they're working at a burger joint or waiting tables at a four-star establishment. Lawsuits over wages have doubled in the last decade, leaving employers and employees equally disgruntled.

How do wage violations happen in restaurants? There are several common issues:

Terms of a severance agreement might be up for negotiation

Some employers announce that job positions are going to be phased out before the people holding those jobs are actually let go from them. When this happens, there is a chance that the person who is being terminated will be able to work out a severance agreement. These agreements are important for the employees because they can provide some measure of financial stability until they are able to find a new job.

If you are being terminated and are being offered a severance package, you need to think about the terms of the package carefully. In many cases, there is room for some negotiation about the points in the agreement. You have to decide what is important to you so that you can work toward terms that help you accomplish your goals.

Find out what might be in a severance package

The news of companies filing for bankruptcy or simply closing their doors brings up the question about what is going to happen to the employees who are losing their job. For some of these employees, there might be a severance package waiting for them. This can also happen even if the business isn't closing but an employee's position is being terminated.

A severance package is meant to ease the person into unemployment and help him or her to survive until able to find a new job. In many cases, the actual compensation received depends on the length of the person's employment with the company. The longer a person has been with a company, the better the benefits in the package.

Sexual harassment is reprehensible -- take action immediately

You go to work to earn a paycheck. You shouldn't have to deal with reprehensible behaviors like sexual harassment when you are at work. If you are subjected to sexual harassment, your priority needs to be protecting yourself. Once you make sure that you aren't in danger, you can explore the options that you have to address the issue.

We realize that trying to battle your employer isn't something that is high on your bucket list. This is especially true if you are living paycheck to paycheck or depend on the income to pay your bills. Still, you know that you can't just sit back and let the behavior continue.

Did discriminatory interview questions cause you to miss out?

As a woman, you may already know that finding your dream job may come with some difficulties. Though you certainly have worked hard with your education and experience gaining, you likely know that gender and pregnancy discrimination remain serious issues in many industries. Unfortunately, discrimination could take place before or after you start a job.

As with most job applications, you may have recently gone through the interview process at a prospective place of employment. While overall you may think that the interview went well, you may also have some lingering concerns over some of the questions asked. In fact, your prospective employer may have made certain inquiries that were not entirely legal.

Sexual harassment claims rarely include accusations against women

When many people think about sexual harassment claims, they think of the ones that are made against men. Some people might wonder why there aren't many claims made against women.

One reason why there aren't many claims made against women is because men are generally prideful and don't want to make this type of claim. They don't want anyone to know that they didn't welcome the sexual advances of a woman.

Your employer must follow the law

Employment law is a complex area of the law. In many cases, there are specific qualifications and conditions that must be met in order for a law to come into the picture. This can make it difficult for employees to know when an employer is breaking the law. We are here to help you learn if your employer's actions violated the law.

One area that is very complicated is the entertainment industry, particularly when it comes to the movie industry. Companies and workers in this area have some laws that are much different from other areas. This means that it is often even more difficult for someone in this industry to find out about violations. We can help all employees, including those in the entertainment industry, who think that they might have an employment law violation case.

What's the Family and Medical Leave Act and who qualifies for it?

The Family and Medical Leave Act (FMLA) was crafted by lawmakers as a way to ensure that employees who missed as much as 12 weeks from work due to illness wouldn't face losing their jobs. Although employers aren't required to pay employees while they're out on FMLA leave, they are required by law to continue providing them with medical insurance.

All public sector employers are required to offer FMLA to their employees. Private employers that have at least 50 workers on staff either at their facility or within 75 miles during at least a 20 week period are required by law to offer FMLA leave as well.

Know the overtime pay rules employers must follow

When you work, you might want to get as many hours as you can. Some employers might balk at this and might even limit the amount of hours you can work. This is partially because of the overtime laws that require employers to pay employees more when they work more than 40 hours per week.

Overtime pay is important for employees because it compensates them at a rate of 1.5 times their normal hourly pay for the extra time they are away from home. There are a few different circumstances in which employees are eligible for overtime pay, so understanding these is imperative for anyone who is in the workforce.

Wage and hour disputes must be taken seriously

People who have a job rely on their income to make ends meet. When they aren't given the money they are due, it can make life difficult to live in the same manner in which you are accustomed to living. This is where wage and hour laws come into effect.

Workers can count on these laws to help keep them protected. If you are a worker who has worked and haven't gotten paid for that work, you need to take steps to get the money that is due to you. Wage and hour disputes must be taken seriously. We can help you explore the options that you have to get what is due to you.

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