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legal news & tips for employees published by Law Office of Eugene Lee

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  • What Break Periods Am I Entitled To?

    What Break Periods Am I Entitled To?

    Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you ...

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  • Can My Employer Break My Employment Contract? Can I?

    Can My Employer Break My Employment Contract? Can I?

    Whenever it comes to contracts, the answer is always the same: it depends on what the contract says. A contract is a contract is a contract. Neither you nor your employer can breach a contract without facing the consequences. That is, unless the contract says it's ok. This is why ...

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  • Top 5 Tips: So You Want to Sue Your Boss?

    Top 5 Tips: So You Want to Sue Your Boss?

    So you want to sue your employer for racial discrimination, sexual harassment, whistleblower retaliation, failure to pay you your last paycheck, what have you. Now what? Here are five tips all clients should keep in mind before they pick up the phone to call a lawyer. Tip 1: Write it, don’t ...

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  • Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

    Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

    "At-Will". California is an "at-will" employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she doesn't like you thinks you're too tall or short thinks you talk too ...

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  • Background Checks — What Are My Rights?

    Background Checks -- What Are My Rights?

    If you're applying for a job, or want to keep one, you're going to have to accept that background checks are becoming a part of work life. An estimated 50% of resumes submitted by job applicants contain false or inaccurate information. Bad employees who slip through the hiring process can ...

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New 2008 IRS Standard Mileage Reimbursement Rate is 50.5 Cents

121107 1727 new2008irss1 New 2008 IRS Standard Mileage Reimbursement Rate is 50.5 CentsDo you drive your car for your employer? If so, you should know that on November 27, 2007, the (more…)

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Thou Shalt Not Send Emails from the Office

Does your employer have a policy that employees have no property right in their emails? If they’re like most employers, then the answer is probably yes. Then watch out. In New York, a judge ruled that a hospital’s email policy means a doctor’s emails to his lawyers are not protected by attorney-client privilege. Normally, communications with your attorneys are privileged and can’t be used against you in a lawsuit. But if you send the (more…)

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House Passes Bill Banning Discrimination of Lesbians, Gays, Bis (but not Transgenders)

On November 7, 2007, the Employment Non-Discrimination Act (“ENDA,” H.R. 3685), a federal bill which bans employment discrimination on the basis of sexual orientation, was passed by the U.S. House of Representatives. The vote was decisive at 235-184. The bill is backed by the Leadership Conference on Civil Rights, NAACP, ACLU, (more…)

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DLSE: Retaliated Employees Need Not File with State Labor Commissioner

There has been some confusion among federal and state courts in California as to whether an employee who has been the victim of whistleblower retaliation by their employer (under Cal. Labor Code s. 1102.5) must first file a complaint with the Labor Commissioner (under Cal. Labor Code s. 98.7) before they can proceed with filing a lawsuit in court. This is important because it potentially creates yet another hurdle for an (more…)

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