Comments for California Labor and Employment Law http://www.CALaborLaw.com Legal news and tips for employees Tue, 09 Mar 2010 17:58:35 +0000 http://wordpress.org/?v=2.9.2 hourly 1 Comment on How Much Do Lawsuits Cost? by Eugene Lee http://www.CALaborLaw.com/2008/09/26/how-much-do-lawsuits-cost/comment-page-1/#comment-1360 Eugene Lee Tue, 09 Mar 2010 17:58:35 +0000 http://www.CALaborLaw.com/?p=198#comment-1360 Tom, I couldn't agree more. I had a case where the defendant filed 37 affirmative defenses. Just before trial, all but 1 defense was dismissed. All the time spent by the parties trying to prove/disprove the 36 other defenses was wasted. Maybe you and I should start a website devoted to frivolous defenses. Tom, I couldn’t agree more. I had a case where the defendant filed 37 affirmative defenses. Just before trial, all but 1 defense was dismissed. All the time spent by the parties trying to prove/disprove the 36 other defenses was wasted. Maybe you and I should start a website devoted to frivolous defenses.

]]> Comment on How Much Time Do Lawsuits Take? by San Antonio Employment Law Blog http://www.CALaborLaw.com/2009/12/01/how-much-time-do-lawsuits-take/comment-page-1/#comment-1359 San Antonio Employment Law Blog Tue, 09 Mar 2010 14:15:02 +0000 http://www.CALaborLaw.com/?p=574#comment-1359 <strong>Length and Cost of a Lawsuit...</strong> My friend Gene Lee wrote a good post about how long discrimination lawsuits can take. He refers to statistics showing that from start to finish, the average lawsuit will take 22 months. That sounds about right for the San...... Length and Cost of a Lawsuit…

My friend Gene Lee wrote a good post about how long discrimination lawsuits can take. He refers to statistics showing that from start to finish, the average lawsuit will take 22 months. That sounds about right for the San……

]]> Comment on How Much Do Lawsuits Cost? by Tom Crane http://www.CALaborLaw.com/2008/09/26/how-much-do-lawsuits-cost/comment-page-1/#comment-1330 Tom Crane Mon, 01 Mar 2010 15:03:44 +0000 http://www.CALaborLaw.com/?p=198#comment-1330 "frivolous" lawsuits do exist, but generally not in the employment area. As Gene points out, they are too expensive and risky to file without a strong factual basis. BUT, some lawyers do "dabble" in employment law and file suits that are more based on lack of fairness than on actual violation of some law. More common IMO are frivolous defenses. Defense attorneys routinely lodge pointless defenses that cannot possibly pertain to a particular lawsuit. Some defense attorneys not all, but some then will file weak or frivolous motions for summary judgment. “frivolous” lawsuits do exist, but generally not in the employment area. As Gene points out, they are too expensive and risky to file without a strong factual basis. BUT, some lawyers do “dabble” in employment law and file suits that are more based on lack of fairness than on actual violation of some law.

More common IMO are frivolous defenses. Defense attorneys routinely lodge pointless defenses that cannot possibly pertain to a particular lawsuit. Some defense attorneys not all, but some then will file weak or frivolous motions for summary judgment.

]]> Comment on How Much Time Do Lawsuits Take? by Tom Crane http://www.CALaborLaw.com/2009/12/01/how-much-time-do-lawsuits-take/comment-page-1/#comment-1329 Tom Crane Mon, 01 Mar 2010 14:35:15 +0000 http://www.CALaborLaw.com/?p=574#comment-1329 Good post, Gene. Very helpful for laypersons. Good post, Gene. Very helpful for laypersons.

]]> Comment on Tip-Pooling – Can My Employer Take My Tips and How? by jen http://www.CALaborLaw.com/2009/07/31/tip-pooling-%e2%80%93-can-my-employer-take-my-tips-and-how-2/comment-page-1/#comment-1296 jen Mon, 22 Feb 2010 07:25:20 +0000 http://www.CALaborLaw.com/?p=318#comment-1296 how do you guys feel about this one and can you offer me somewhere to look for laws concerning it becuase i've been scouring the internet for a week and cant find what i need to feel that i have a concrete case. i worked for a day spa for a year in washington state. i was paid an hourly wage and all tips went to my employer to be kept track of and also to be taxed for us as employees to make tax time easier on us (so they told us). the week we would get paid 3 things would happen. monday a tip information sheet would be printed and given to each employee telling them how much tips they made in that pay period. (say mine was 247) wedneseday we would get our hour print up to be looked over, signed and returned. friday we would get paid. when i compared my tip print outs to the corresponding check stubs i noticed differences. tip print out said $247. on my check stub in the "net tips allocated" line it said $197, which was added to my hourly wage and then all of it taxed. and there was no tip pooling here. in addition when i called the local L&I office they told me that washington does not consider tips to be part of an employees income or wages so they shouldnt have been adding to my wages which they did on my W-2. it is not stated anywhere on my W-2 that i made any tips. which according to IRS is illegal becuase federally tips ARE considered to be part of an employees income or wages earned..... anyone got advice or comments? how do you guys feel about this one and can you offer me somewhere to look for laws concerning it becuase i’ve been scouring the internet for a week and cant find what i need to feel that i have a concrete case. i worked for a day spa for a year in washington state. i was paid an hourly wage and all tips went to my employer to be kept track of and also to be taxed for us as employees to make tax time easier on us (so they told us). the week we would get paid 3 things would happen. monday a tip information sheet would be printed and given to each employee telling them how much tips they made in that pay period. (say mine was 247) wedneseday we would get our hour print up to be looked over, signed and returned. friday we would get paid. when i compared my tip print outs to the corresponding check stubs i noticed differences. tip print out said $247. on my check stub in the “net tips allocated” line it said $197, which was added to my hourly wage and then all of it taxed. and there was no tip pooling here. in addition when i called the local L&I office they told me that washington does not consider tips to be part of an employees income or wages so they shouldnt have been adding to my wages which they did on my W-2. it is not stated anywhere on my W-2 that i made any tips. which according to IRS is illegal becuase federally tips ARE considered to be part of an employees income or wages earned….. anyone got advice or comments?

]]> Comment on What Break Periods Am I Entitled To? by Chris http://www.CALaborLaw.com/2008/03/20/what-break-periods-am-i-entitled-to/comment-page-1/#comment-1292 Chris Tue, 16 Feb 2010 22:37:59 +0000 http://www.CALaborLaw.com/2008/03/20/what-break-periods-am-i-entitled-to/#comment-1292 Do you if EXEMPT employees are entitled to the same laws? Do you if EXEMPT employees are entitled to the same laws?

]]> Comment on Filing a Discrimination Complaint in California by Joe Markowitz http://www.CALaborLaw.com/2010/01/19/filing-a-discrimination-complaint-in-california/comment-page-1/#comment-1103 Joe Markowitz Fri, 22 Jan 2010 20:07:41 +0000 http://www.CALaborLaw.com/?p=688#comment-1103 Have you noticed that the processing time for right to sue letters seems to have substantially increased lately? Thanks for putting up all this information. It is really useful. And thanks for visiting my site and for all the comments. Have you noticed that the processing time for right to sue letters seems to have substantially increased lately?

Thanks for putting up all this information. It is really useful. And thanks for visiting my site and for all the comments.

]]> Comment on What Break Periods Am I Entitled To? by sam http://www.CALaborLaw.com/2008/03/20/what-break-periods-am-i-entitled-to/comment-page-1/#comment-1081 sam Thu, 21 Jan 2010 03:43:19 +0000 http://www.CALaborLaw.com/2008/03/20/what-break-periods-am-i-entitled-to/#comment-1081 can my boss tell me if i tack a brack hey can fire me and i did not tack a brack when i shud it was 1 hr befor i go home can my boss tell me if i tack a brack hey can fire me and i did not tack a brack when i shud it was 1 hr befor i go home

]]> Comment on How to Read an Employment Contract: Part 2 by Legal Aid http://www.CALaborLaw.com/2009/12/22/how-to-read-an-employment-contract-part-2/comment-page-1/#comment-1066 Legal Aid Wed, 20 Jan 2010 00:38:36 +0000 http://www.CALaborLaw.com/?p=590#comment-1066 Read the economic provisions of the contract such as the provisions regarding salary, bonuses and other benefits. You should also check the terms involving grounds for termination and other pertinent matters. Read the economic provisions of the contract such as the provisions regarding salary, bonuses and other benefits. You should also check the terms involving grounds for termination and other pertinent matters.

]]> Comment on Employers Are Now Screening Employee Facebook and MySpace Pages by Food Poisoning Attorneys http://www.CALaborLaw.com/2009/08/20/employers-are-now-screening-employee-facebook-and-myspace-pages/comment-page-1/#comment-1002 Food Poisoning Attorneys Thu, 14 Jan 2010 18:51:17 +0000 http://www.CALaborLaw.com/?p=478#comment-1002 Users Beware! Not a safe way to share private information, because it is no longer private! Users Beware! Not a safe way to share private information, because it is no longer private!

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