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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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Get Your Personnel File & Payroll Records Now

folder1 Get Your Personnel File & Payroll Records NowDid you know you have a legal right to inspect your personnel file and payroll records? Or get copies of your payroll records and any job-related document you have signed? If not, you’re not alone. But more important, what are you waiting for? All employees should check their personnel file and payroll records periodically to guard against unfair negative evaluations or warning letters, or mistakes in paychecks, withholdings or vacation accruals. It’s also important to do if you’re thinking about making a complaint or filing a lawsuit.

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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…)

Popularity: 5%

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