Articles

Does My Employer Have to Pay Me If I Report to Work and I Am Sent Home?

Under California law, if an employee is called to work but is sent home, the employer must pay the employee a minimum of 2 hours of pay.  Specifically, Section 5 of the Industrial Wage Commission (“IWC”) wage order provides that for each workday an employee is required to report for work and does report, but is not put to work or is given less than more »

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Private Attorneys General Act (PAGA) Claim in an Employment Lawsuit

In California, a lawsuit can be brought by an aggrieved employee under the Private Attorneys General Act (“PAGA”) (Lab. Code. Sec. 2968 et seq.) against an employer to recover civil penalties both on behalf of himself or herself and as to “other current or former employees.”  Under PAGA, the employee bringing the claim acts as an agent of the state in enforcing California’s more »

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Harassment by Debt Collectors

The Fair Debt Collection Practices Act (FDCPA) limits the way debt collectors can try to collect a debt from consumers.  The FDCPA covers personal, family, and household debts, including amounts owed on auto loans, medical bills, mortgages, and personal credit cards.  It is a violation of the FDCPA for a debt collector to contact a person regarding his or her more »

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Can My Employer Do a Background Check on Me?

An employer who uses consumer reports or background checks, including credit reports and criminal records, to make hiring, retention, promotion, or reassignment decisions must comply with the requirements of the Fair Credit Reporting Act (“FCRA”).  The employer must:  (a) tell the applicant or employee in writing in a stand-alone document that a consumer report may be requested; (b) get written more »

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Misleading Health Ads

Consumers buy products everyday claiming that they will improve one’s health, such as by stating on the label or advertising that they “help support your immunity,” “nourish your children with whole grains,” contain “antioxidants” or confer other health benefits.  Unfortunately, these health claims are sometimes unsupported by real facts and any claimed health effects are insignificant at best.  For example, the Federal Trade Commission (“FTC”) investigated more »

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Are Unsolicited Text Messages, Telephone Calls and Faxes Legal?

The Telephone Consumer Protection Act, 47 U.S.C Sec. 227, prohibits the making of unsolicited calls to any residential telephone line using an artificial or prerecorded voice to deliver the message.  It also prohibits the use of any fax machine, computer, or other device to send an unsolicited advertisement.  However, a call is exempted from the Act if the call is more »

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Are Labor Laws Violated When Employees Work During Meal Periods?

In Brinker Restaurant Corporation v. Superior Court, S166350 (Apr. 12, 2012), court opinion available here, the California Supreme Court decided the scope of an employer’s obligations with respect to meal and rest periods for hourly employees. Facts in the Case: Plaintiff brought a putative class action seeking to represent the cooks, stewards, buspersons, wait staff, host staff and other hourly employees more »

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The Benefits of Class Actions

Let’s suppose you suffered losses in some way – for example, you acquired stocks at artificially inflated prices because the company you invested in had overstated its revenues, or your employer misclassified you as an “exempt” employee so that it can avoid paying you for overtime, or you purchased a product that did not perform as advertised.  You believe that the corporate more »

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