Category: Legal

Legal

What To Keep in Mind for 2017: Legal Reasons #31

Sanjay Sabarwal

car-accident-2With the new year, come resolutions. What if this year, you take responsibility by getting the best help for your needs? The reality is, that more often than not, most people take what is offered them by insurance companies when involved in a personal injury case.  One of the lessons I tell potential clients is that an accident when you are not the one at fault and the other party has insurance, there is additional compensation available to them which an experienced attorney would know to ask for.

Insurance companies depend on the idea that most people do not get representation, and thus do not have the knowledge or tools to be made whole. Usually, the party takes the first offer given which does not include pain and suffering, lost of wages, or physical therapy costs. They end up signing away all their rights with a minimal offer, not realizing that they are leaving money on the table.

This is also not to say that one will become rich from a claim, but a fair offer can also get one what they are actually entitled to not what the insurance company decides.

So make 2017 the year where you have the best person on your side!

Legal

Premium Pay For Meal and Rest Breaks: Legal Reasons #30

Sanjay Sabarwal

wf_20111216_news02_111219964Most California employers I run into know about overtime, but many are not aware about Premium Pay or Premium Overtime (to be discussed fully in a another post) for missed meal and rest breaks.

Employees are owed “premium pay” when they miss a meal break and/or a rest break in one day. The law requires employers to pay two hours of premium pay for each day that two separate violations occur.

The additional hour of pay requirement is found in Labor Code section 226.7, which discusses the remedies together, rather than in separate sections. However, the actual language of the statute states that if a meal or rest break is not provided, the employer owes the employee one hour of pay for each work day that the meal or rest break is not provided. The Wage Orders address meal and rest breaks in two different sections.

A review of the legislative history of Labor Code section 226.7 shows that the Legislature intended to match the Wage Order provisions, which clearly provide for two separate remedies — one for a violation of the required meal break and one for a violation of the rest break.1 In United Parcel Service v. Superior Court of Los Angeles County, a California Court of Appeal ruled that there are two separate remedies because the premium wage requirement is contained in two separate sections of the Wage Orders.2

Further, the one hour of pay is a wage, not a penalty. Wages are benefits that an employee is entitled to as part of compensation, including money, vacation pay and room and board. Employees who must forego the meal and rest breaks give you free work and lose a benefit to which they are entitled. In other words, the employees lost wages they were owed. The hour of additional pay is not only an incentive for employers to comply with the law but, foremost, a premium wage that compensates employees — not a penalty.3

The distinction between a penalty and a wage is important as there is a three-year statute of limitations for the one additional hour of pay employers must pay employees when a meal or rest break is not provided as opposed to only one year for a penalty.

Legal

When You Dont Need A Lawyer:Legal Reasons #29

Sanjay Sabarwal

robert-mankoff-excuse-me-does-this-joke-need-a-lawyer-new-yorker-cartoonOkay, this may sound strange coming from me, and against my self-interest. The reality is that are many instances when getting a lawyer is not only not helpful, but can make things worse. Recently. I came across a divorce matter where husband and wife do not speak to each other, and use their attorneys as their communication device, which at an average rate of $350 an hour, is great for the lawyers, but not so great for the parties.

While I am not suggesting that you never get an attorney, it really does come down to whether what you are looking for can be solved by giving it time, being calm, present and empathetic. A lawyer should not be first choice for all matters, but there are times it is advisable. When dealing with insurance companies, or any agencies that affect your rights, it is imperative you have knowledgeable counsel. But if your friend borrows $1000 and never returns, that more of a non lawyer situation.

As my old law school teacher said, you can always sue, the real question is will you win?

Legal

What Do I Need a Lawyer For?: Legal Reasons #28

Sanjay Sabarwal

courage-is-the-most-important-attribute-of-a-lawyer-quote-1I get that as a question from many in a somewhat joking manner, but really the undertone is always the same. What can a lawyer do that a laymen not do?  Well, to be fair, I can see the logic in that question, but in the realm of personal injury, family and employment law, knowledge and experience play a key role in ensuring you are not taken advantage. The reality is that Insurance companies notoriously count on non-represented parties to be unaware of what they are actually owned.

In the context of family law, if you have significant assets such as a house or a partner who suddenly empties out the bank accounts before leaving, it is important to have a lawyer to ensure you are able to recover or have your interests defended.

In employment law, if you are an employer in California, it is important to have someone who can update you on the new changes in the law such as recent suitable seating law or the fact on discharge, an employee must be paid all wages due.  Most employees are not aware of the penalties due to them because of improper payment.

So while it may look to you that a lawyer may be overkill, more often  than not, it will be well worth your time to give one a call. Our offices offers free consultations, and even if it’s a small claim, you at least, may get to know if you have a claim, and its potential worth.

Legal

My Boss Did Not Pay Me on Payday: #Legal Reasons 27

Sanjay Sabarwal

64009370Civil Penalties

When an employer fails to pay wages (as required by Labor Code Section 204) on a regular payday, the employer, under Labor Code Section 210, is subject to a civil penalty for each such missed payday.

The initial penalty for failure to pay wages is $100 per employee per missed payday. So if your company has 25 employees, the potential civil penalty is $2,500.

Civil penalties for subsequent missed paydays are much more severe. The penalty is $250 per employee, plus 25 percent of the amount unlawfully withheld.

Most penalties required by the Labor Code and the Industrial Welfare Commission Wage Orders go to the employees; however, payday penalties go to the state of California. These penalties may be recovered by the Labor Commissioner through a hearing process outlined in Labor Code Section 98(a) or by going directly to the courts.

Labor Code 1194.2 provides for recovery of wages because of nonpayment of the minimum wage. An employee can recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. The Labor Commissioner may assess liquidated damages based on the current minimum wage multiplied by all unpaid hours in the pay period (except overtime hours).

Failure to pay wages at all can result in hefty fines. The Labor Commissioner can also:

  • Issue stop-work orders against employers who fail to comply with final orders against them relating to nonpayment of wages,
  • Issue levies against employers bank accounts, and
  • Place liens on real and personal property.
Legal

I Just Got Fired, What Should I know About My Final Check: Legal Reasons #26

Sanjay Sabarwal

quote-in-the-final-analysis-you-get-what-you-pay-for-james-sinegal-171714

The time requirement for giving a final paycheck to an employee depends on whether the employee quit without notice, quit with at least 72 hours’ notice or was terminated or laid off. State enforcement agencies can penalize employers for not providing an employee with a final paycheck in a timely manner.

1. Review Hours

Were you paid all wages due?   All reimbursements?

2. Review Rates

Does it contain all regular and overtime hours? All commissions?

Note: Did the employer determine commission wages owed at the time of termination, they must pay the commission owed as soon as the amount is ascertainable and in a manner consistent with their commission pay policy.

3. Were Deductions Proper?

After determining the amount due to the employee, make proper calculations for any deductions, including:

  • Federal, state and local income taxes
  • Social Security
  • Medicare
  • State unemployment insurance

Note: These deductions can’t include any amount representing the unpaid balance of a debt owed by the employee. In addition, these deductions cannot include the value of any of your property the employee might have, even if the employee doesn’t return the property to you. You can be fined if you do so.

4. Provide the Final Paycheck Within Required Timelines

  • If the employee quits with 72 hours’ notice or more (clock hours, not business hours), you must have the final paycheck ready to give to the employee on his/her last day of work.
  • If the employee quits with less than 72 hours’ notice (clock hours, not business hours), you must have the final paycheck ready for the employee within 72 hours of when the employee gave notice.
  • If you are terminating the employee, you must hand the employee the final paycheck at the moment you inform the employee that he or she is terminated.
  • If the employee requests to have the final pay delivered by direct deposit to one or more bank accounts, you need to get authorization