Employment Lawyer

FAIR PAY

Employees deserve to be fairly and fully paid for their work. Nearly 80% of American workers say they’re living paycheck to paycheck. Therefore, it is egregious for employers to cheat hard working people on their wages.


WORKERS RIGHTS

I am proud of standing up for fair compensation and just treatment of workers. Although my expertise began from serving businesses, I am just as zealous in my advocacy of individual employees – from blue-collar workers to executives – who have been wronged by their employers. I am in a unique position to represent workers because I have defended wage and hour claims.


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ARE YOU FAIRLY PAID FOR WORKING

Working off The Clock.

Slavery was abolished in 1865; workers don’t work for free. Under California wage and hour law, employers may not require employees to “work off the clock” without compensation. Working off the clock is work that employees do for their employer, with their employer’s knowledge, but without pay.

Working off the clock may occur when an employer subtly requests, pressures, or encourages working off the clock.


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What Is The Minimum Wage?

In California, the minimum wage for employers with 25 employees or less:

  • 2019 = $11 per hour
  • 2020 = $12 per hour
  • 2021 = $13 per hour
  • 2022 = $14 per hour

For employers with 26 employees or greater:

  • 2019 = $12 per hour
  • 2020 = $13 per hour
  • 2021 = $14 per hour
  • 2022 = $15 per hour

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What is Overtime and Double Time Wage?

What is Overtime and Double Time Wage?

  • More than 8 hours per day is overtime pay = 1.5X your hourly wage.
  • More than 40 non-overtime hours in a work week is overtime pay = 1.5X hourly wage.
  • 7th Consecutive day in a workweek is overtime pay = 1.5X hourly wage.
  • More than 12 hours in a workday, is double time pay = 2X hourly wage.
  • More than 8 hours in 7 consecutive day in a workweek is double time pay = 2X hourly wage. reat stories to help turn potential customers into loyal ones.

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My employer deducts my tips from my paycheck. Is this legal?

No. Your employer can neither take your tips (or any part of them), nor  deduct money from your wages because of the tips you earn.  Furthermore,  your employer cannot credit your tips against the money the employer  owes you.

May An Employee Agree to Work for Less Than The Minimum Wage?

No. The employer and employee cannot agree for wage to be less than the minimum wage. Employees deserve fair pay and the fair pay is the minimum wage.

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Am I An Independent Contractor?

Employers may not avoid minimum wage, overtime pay, and double time pay by declaring a worker an “independent contractor.”

Does your boss tell you how to do your work, and when to do your job? You’re likely an employee and not an independent contractor.

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COMMON TIPS VIOLATIONS

What is a tip?

A tip is money a customer leaves for an employee over the amount due for the goods sold or services rendered. Tips belong to the employee, not to the employer.

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When do I receive tips given on a credit card payment?

Payment of a gratuity made by a patron using a credit card must be paid to the employee not later than the next regular payday following the date the patron authorized the credit card payment.

My employer is deducting the credit card processing fees from my tips. Is this legal?

No.  Labor Code Section 351  provides that the employer must pay the employee the full amount of the  tip that is indicated on the credit card.  The employer may not make any deduction for credit card processing fees or costs that are charged  to the employer by the credit card company from gratuities paid to the employee.

Am I required to share my tips with the employer, manager, or supervisor?

The law prohibits tips sharing with the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron or are in the chain of service to a patron.

Are the tips I receive considered part of my regular rate of pay for overtime calculations?

No. Since tips are voluntarily left for you by the customer of the business and are not being provided by the employer, they are not considered as part of your regular rate of pay when calculating overtime.

Can my employer pay me less than the minimum wage because he includes my tips in my hourly pay?

No. In California an employer cannot use an employee’s tips as a credit towards its obligation to pay the minimum wage.  California law requires  that employees receive the minimum wage plus any tips left for them by  patrons of the employer’s business.

Can my employer pay me less than the minimum wage because he includes my tips in my hourly pay?

No. In California an employer cannot use an employee’s tips as a credit towards its obligation to pay the minimum wage.  California law requires  that employees receive the minimum wage plus any tips left for them by  patrons of the employer’s business.

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Employment Attorneys

Taking a look back at the American labor laws, we’ll find that the first laws were passed in the 20th century as a result of public uproar against the domineering and repressive practices of the Industrial Revolution. The first laws were about establishing a minimum wage and compensating injured workers and they helped in setting a precedent that was followed in the upcoming years.


Labor laws help elucidate and codify the responsibilities of employers to their employees. The primary reason behind implementing employments laws was to ensure that employees are protected from the wrongdoing by their employers. This protection ranges from many forms to discrimination to minimum wage and even workplace safety.


There is no denying that trying to fully comprehend California labor and employment law can be overwhelming. That’s why you need a California employment lawyer and labor lawyer to fully understand it. Nakase Law Firm is here to help you find and understand all the information all in one place. Brad Nakase is a renowned California labor lawyer who has been dedicatedly assisting his clients for over a decade.



Employee and Labor Rights Matter

Although a California employer must ensure that his/her employees have a fair bit of understanding of the California labor and employment law, unfortunately, that doesn’t always happen as most employers intentionally or unintentionally keep their employees in the dark. As a result, employees have very little knowledge of their rights. What you need is a California labor lawyer to help you understand your rights.


It is important to understand that when an employee tries to assert his /her right, that’s when things start to complicate. It is because most employers are represented by big employment law firms that charge a huge sum to save them once a lawsuit is filed against them. These employment law firms mostly succeed with their legal strategies that even include settling a lawsuit by intimidation or using other means. This is where Brad Nakase steps in to help employees and labors as a trusted California labor lawyer.


Nakase Law Firm realizes the problems of employees because it is difficult for an employee to win a lawsuit against an employer who has an experienced California employment lawyer advising him/her on California State’s labor and employment law.  Although an employee is protected by a lot of provisions in the California employment law, having knowledge of them and using them legally is the key to winning a lawsuit.


Nakase Law Firm prides itself on protecting workers and employees. We have the knowledge and extensive experience of using the provisions in California labor and employment law to help you fight back.



Employment Cases Nakase Law Firm Handles

At Nakase Law Firm, we have vast expertise in handling all areas of California labor and employment law cases, including but not limited to:



Employment Discrimination

According to the Fair Employment and Housing Act (FEHA), public employers, private employers, employment agencies, and labor organizations are prohibited from discrimination in the workplace.[1] Harassment is prohibited by the FEHA in all workplaces, even the ones that have fewer than five employees. Employers cannot exhibit discrimination against an employee based on his/her:

  • Religion
  • Race or ethnicity
  • age
  • National origin
  • Pregnancy
  • Sexual orientation
  • Sex or
  • Gender


Nakase Law Firm can help you file a discrimination complaint with the California Department of Fair Employment and Housing (DFEH). And if required, we will also help you file a lawsuit for discrimination against your employer.

 


Workplace Harassment

Like employment discrimination, workplace harassment is also prohibited by the Fair Employment and Housing Act (FEHA). As a California worker, you are legally protected from workplace harassment, but it is imperative for you to fully understand which actions are considered as wrongful (harassing) behavior. This workplace harassment can take many forms, such as:

  • Verbal or implied threats
  • Visual harassment (e.g. offensive signs or posters)
  • Physical assault or harassment (e.g. unwanted touching)
  • Requesting for sexual favors
  • Offensive jokes or pejorative comments

Although you most probably are aware of sexual harassment, you need to know that hostile work environment harassment is also included in California employment law. Non-sexual harassment can also take place in the workplace on the basis of:

  • Religion
  • Race or ethnicity
  • age
  • National origin
  • Pregnancy
  • Sexual orientation
  • Sex or
  • Gender


Non-citizen workers can also seek for Nakase Law Firm’s legal advice and assistance if their employer threatens to have them deported just because they raised their voice about the violation of California Labor Law.[2] Brad Nakase is a respected California labor lawyer and he will take into account every aspect before advising you on taking the best course of action on workplace harassment.

 


Wrongful Termination

As a California employee, if you are wrongfully terminated then you have a strong claim against your employer and you can collect benefits, lost wages, back wages, a fee of California employment lawyer and much more.

Although an at-will employee can be fired with or without notice at any given time, the good news is there are several illegal termination reasons which are off-limit for employers. For instance, if you are fired by your employer in violation of public policy (performing legal obligations or refusing to break the law) or an implied contract, then you have the right to file a lawsuit, assert your rights and determine claims.


If you are fired due to reasons such as business relocation/closure or a mass layoff without being given a 60 days’ notice, then you can file for a claim and receive compensation under the Worker Adjustment and Retraining Notification (WARN) act. [3] As a prominent California employment lawyer, Brad Nakase will not only advise on taking the best course of action but will also help you have a strong claim against your employer.



Family and Medical Leave Laws

Employers in California must comply with the FMLA[4] and the CFRA. [5]

These laws enable employees to take up to 12 weeks of unpaid leave for certain family or health reasons. These laws apply to you only if:

  • You have worked in the company for at least one year
  • In the previous year, you’ve worked for at least 1250 hours
  • There are at least 50 employees working for your employer within 75-miles radius

Under the CPDA, you are eligible for a 4-month unpaid leave if you’ve given birth to a child. According to California employment, you can take leave on the following:

  • Domestic violence
  • Paid sick leave
  • Victims of crime
  • Attempting to acquire relief from sexual assault or stalking
  • Receiving literacy education
  • Voting
  • Complying with a subpoena or serving on a jury
  • Drug or alcohol rehabilitation

Given that employers must comply with these laws, you can seek legal advice from a trusted California employee lawyer if the employer terminates you or threatens to fire you. As a successful California employee lawyer, Brad Nakase can help you file a claim and get the compensation you deserve.

 


California Wage and Hour Law

California wage and hour laws encompass various issues such as minimum wage, overtime, meal and rest breaks, and so on. Although employers are allowed by the federal Fair Labor Standards Act (FLSA) and the laws in some states to pay minimum wage to tipped employees, it is not the case in California. This means that all employers must comply with minimum wage laws that ensure employees are provided minimum employee pay, hours and overtime, as well as meal and rest breaks. For nonexempt employees who work for 8 hours a day or 40 hours a week, employers must pay overtime. [6] If you are misclassified as an independent contract, you can file for a wage and hour lawsuit because the employer must treat you as a W2 employee. If your employer is not following the California Wage and Hour Law, call Nakase Law Firm to sue your employer.


You should know that some employers misclassify their nonexempt employees as exempt just to avoid wage and hour laws. So, make sure you contact us if you are being paid less or paid no amount for overtime. Brad Nakase is an experienced California labor lawyer who has vast expertise in helping his clients file claims and get compensations they deserve.



Employment Contracts

As a California employee, you must thoroughly read your employment contract before signing it. However, most employees don’t pay enough attention to their contracts. This can affect your chances of filing a lawsuit against your employer because sometimes they breach the employment contract. For instance, they can breach it in ways such as job requirements, work environment, terms of termination, etc. Your employer can insert clauses such as a non-compete clause. This clause doesn’t permit you from leaving the job to start your own business or work for another company. Therefore, it is imperative for you to read the contract and take the appropriate approach accordingly.

At Nakase Law Firm, we can help you understand the employment contract. Brad Nakase is the best California labor lawyer who has successfully assisted many of his clients over the years. He will not only thoroughly review your employment contract but will also advise you on taking the best approach that would help protect your rights.

 


Contact Our California Labor and Employment Lawyer for Free Consultation

As an experienced and highly respected California employee lawyer, Brad Nakase is known for delivering results for his clients by relentlessly pursuing every possible solution to their problem. He will take his time to listen to your problem before coming up with an effective solution. Brad is considered among the top California labor lawyer and he will incorporate all his expertise and skills to determine the best legal strategy for your case.


You can also contact Nakase Law Firm for free consultation at 619-550-1321. Your contact us by email.

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Legal Reference

[1] https://www.dfeh.ca.gov/employment/

[2] Labor Code section 244 

[3] https://www.edd.ca.gov/jobs_and_Training/Layoff_Services_WARN.htm

[4] https://www.dol.gov/general/topic/benefits-leave/fmla

[5] https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/pdl-cfra-fmla-guide/

[6] https://www.dir.ca.gov/dlse/faq_overtime.htm

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