Vincent W Davis

Labor Law Blog

Retaliation & Work Situations

by Vincent Davis September 18, 2013

Retaliation & Work Situations

All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an […]

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Wages and Hours Worked: Minimum Wage and Overtime Pay Part 3 of 3

by Vincent Davis August 9, 2013

Minimum Wage and Overtime Pay

Employee Rights Employees may find out how to file a complaint by contacting the local Wage and Hour Division office(http://www.dol.gov/whd/america2.htm), or by calling the program’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). In addition, an employee may file a private suit, generally for the previous two years of back pay (three years in the case of […]

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Wages and Hours Worked: Minimum Wage and Overtime Pay Part 2 of 3

by Vincent Davis July 22, 2013

Minimum Wage and Overtime Pay

[Workers Exempt from Overtime Payments] The [Fair Labor Standards] Act exempts some employees from its overtime pay and minimum wage provisions, and it also exempts certain employees from the overtime pay provisions only. Because the exemptions are narrowly defined, employers should check the exact terms and conditions for each by contacting their local Wage and […]

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Waiting Time Penalties

by Vincent Davis July 22, 2013

Waiting Time Penalties

Did your employer fail to pay you all you were due when you quit or you were discharged?  If not, he owes you penalties.    The California Labor Code requires an employer to pay an employee all they are due within 72 hours of the employee voluntarily quitting, or within the same day if the employee […]

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Split Shift Rest Periods

by Vincent Davis July 22, 2013

Split Shift Rest Periods

Is your employer paying you all you earn?   Many employers try to squeeze extra time out of you without paying for it.  They do this in different ways.  One of the things your employer might do is require you to work for a shift in the morning, go home, and then return three or four […]

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Rest periods during the work day

by Vincent Davis July 22, 2013

Rest periods during the work day

Is your employer paying you all you earn?  Many employers try to squeeze extra time out of you without paying for it.  They do this in different ways.  One of the things your employer might do is not let you take a 10 minute rest period approximately in the middle of each four hour shift. […]

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Meal Periods

by Vincent Davis July 22, 2013

Meal Periods

Is your employer making you work through lunch?  Many employers try to squeeze extra time out of you without paying for it.  They also make you work through, and don’t provide time off for a lunch break.  They do this in different ways: Your employer asks you to clock out for lunch, but makes you […]

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Working off the Clock

by Vincent Davis July 22, 2013

Working off the Clock

Is your employer paying you all you earn?    Many employers try to squeeze extra time out of you without paying for it.  They do this in different ways: Your employer asks you to clock out, but stay until the job is finished. Your employer “manages” your time clock; telling you, “give me your card, I’ll […]

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Overtime

by Vincent Davis July 22, 2013

Is your employer paying you all you earn?

Is your employer paying you all you earn?  Some Employers just refuse to pay overtime.  Many employers try to avoid paying overtime in different ways: (1)      They claim you are an independent contractor, and therefore, not an employee. (2)      They give you an equal amount of time off as “comp time” (3)      They claim you […]

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Employment At Will Doctrine

by Vincent Davis July 15, 2013

Employment At Will Doctrine

The Employment at Will doctrine: Three Major Exceptions In the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all; judicial exceptions to the rule seek to prevent wrongful terminations. Public-Policy Exception Under the public-policy exception to employment at will, an employee is […]

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