There are many ways that your employer may have taken advantage of you while violating federal and California state laws:

• Asking you to clock out before finishing your shift
• Asking you to work through breaks and meal times
• Not compensating you for telecommuting or for work you take home with you
• Failing to account for the hours you worked at two locations for the company
• Classifying you as an “exempt” or salaried employee when you should be classified as “non-exempt” or hourly, meaning that your employer does not compensate you for overtime
• Classifying you as an “independent contractor,” to avoid paying you benefits
• Calculating overtime by hours worked during a one-week period, but ignoring single shifts in excess of 8 hours
• Asking you to turn over a portion of your tips
• Failing to pay you entitled bonuses or commission

Non-Exempt (Hourly) Employee

It is crucial that you understand that in California, hourly workers are legally entitled to receive minimum wage, as well as overtime pay for additional hours worked, and meal/rest breaks.

As a non-exempt (hourly) employee, you are protected by California and federal employment laws, such as the Fair Labor Standards Act, from illegal and demanding employer requests to work overtime without overtime pay or to skip meal and/or rest breaks.

Anyone who is not exempt from California’s wage and hour law is entitled to overtime pay. This can include on-the-clock employees forced to work off-the-clock without compensation, individuals with high salaries, managers who are misclassified as exempt employees and others. Not sure if you are nonexempt or exempt? We can help you determine your employment status and decide whether you should bring a claim.

Exempt Employee

Your employer may have you on salary and tell you that because you are on salary you do not qualify for overtime pay. Your employer may be wrong. Or your employer may pay you a salary and classify you as a so called “Exempt Employee” and tell you that you are not entitled to overtime pay because of that. Again, your employer may be wrong. Exempt by definition is determined on a case by case basis. Exempt and Non-Exempt employees fall under different overtime laws in California. Whether you are an Exempt Employee is determined by very technical overtime pay laws. The Exempt Employee overtime pay laws in California are very, very complex.

Sacramento Unpaid Overtime Lawyers

The experienced employment law attorneys of Bowman & Associates help clients across California from our offices in Sacramento and Folsom. If you or someone you know has legal questions regarding unpaid overtime wages, contact our office for a free case evaluation. We are here to help…

There is speculation on whether employers can limit what employees are allowed to post about the company on their own time, as well as whether or not social media use on off hours can result in getting fired.

A Georgia judge recently ruled against a (now former) school teacher who allegedly lost her job due to Facebook pictures showing her holding alcoholic drinks while on vacation. A parent called to complain and the school fired her, the judge ruled in favor of the school’s action in the resulting lawsuit.

Losing your job, especially for unlawful reasons, is very stressful. When you suddenly lose your source of income, there isn’t much you can do. You may have a right to bring a wrongful termination claim against your former employer, especially if there was unlawful activity behind your termination. You may be able to negotiate a severance package that include adequate compensation if you haven’t officially left your job yet. The attorneys at Bowman & Associates will explain your options and make sure you understand the laws regarding your claim.

There are many reasons for employers to decide to lay off an employee. Some of them make sense, such as if the employee repeatedly missed work, failed to perform their duties, or was doing something unlawful. But there are also unlawful ways for the employer to fire an employee, such as:

• Firing in violation of federal and state anti-discrimination laws
• Firing as a form of sexual harassment
• Firing in violation of oral and written employment agreements
• Firing in violation of labor laws, including collective bargaining laws
• Firing in retaliation for the employee’s having filed a complaint or claim against the employer.

These violations can have varied results for your wrongful termination claim. Sometimes your employer will have to pay damages based on your lost wages, and sometimes there are statutory penalties. In some cases, more than one person can be held responsible for your damages. Having a lawyer to help you sort out your issues will speed up your case and help avoid mistakes.

After being fired, it is important that you don’t overreact or do anything reckless. There are certain things you should do to make sure your wrongful termination claim won’t be refused. These steps may help you improve your position if you have been fired.

• Don’t act on negative emotions towards your employer
• Contact a wrongful termination or employee’s rights attorney for advice
• Familiarize yourself with your employment contract if you have one
• Formally inquire about the reasons for your termination
• Request access to your personnel file
• Find out who made the decision to fire you
• Gather evidence of any promises between you and your employer
• Negotiate a severance package if it applies to your situation
• Confirm, in writing, agreements regarding your termination/severance

Wrongful Termination Attorneys in Woodland, CA

If you have been unlawfully fired, you may have the right to severance pay, unemployment compensation, or damages. An experienced attorney can help you understand your rights and inform you about how to proceed. If you have a valid wrongful termination claim, the Employment Law attorneys at Bowman & Associates can help.

Many characteristics are protected against discrimination by employers, such as race, religion, ethnicity, disability, and many others. Your rights as an employee should not be violated by an employer. If you feel you have been discriminated or retaliated against, harassed, or treated in an offensive manner, contact the law offices of Bowman & Associates, APC, today. Our employment law attorneys have 30 years of combined experienced protecting the rights of employees across Northern California.

Discrimination Attorneys

The worst of people will always find some reason to put someone else down. Discrimination in the workplace is a different story – employers are required to follow certain standards and policies, and most of all avoid discrimination. Age, gender, race, religion, ethnicity, pregnancy, disability, and several other characteristics are protected by the law. If you have been singled out for one of these traits, or others, you have every right to pursue it in court. Modifying wages, denying promotion, rejecting your application, or terminating your employment can all be the result of discrimination from your employer. Our lawyers are experienced in all areas of discrimination law, and will work with you in your case to make sure your interests are met.

Wages, Hours & Overtime Attorneys

The Fair Labor Standards Act regulates federal wage, hour, and overtime laws. Employees that are non-exempt should receive 1.5 times their normal hour salary for overtime hours. Overtime means working more than 40 hours per week or more than 8 hours per day. Some companies refuse to honor these requirements due to greed and ignorance, resulting in you losing your entitled pay. If you are being asked to work “off the clock,” your time sheet is altered, you are automatically clocked out for breaks whether you take them or not, you received your normal wage for overtime, or denied breaks that you are entitled to, you may have a case. If your employer has not paid you overtime to which you’re legally entitled, we can help you enforce your rights.

Employment Law Attorneys

If you have been affected by a breach of duty by an employer or are an employer being tried, contact the Law Offices of Bowman & Associates, APC. Our experienced employment law attorneys will protect your rights aggressively in court, and take care of the complicated paperwork and phone calls that draw out the legal process. The sooner your problems at work are resolved, the sooner you can return to a normal, worry-free lifestyle. Contact us today for a free consultation.

Filing a claim for unemployment compensation can be a drawn out and lengthy process. You can make it easier on yourself by being prepared before filing. It is important to make sure you are eligible in the first place, and you must have the following information ready when you file your claim:

• Your name and Social Security Number
• Your mailing address and telephone number
• Your driver’s license or ID
• The last date you worked for any employer
• Last employer information, including: name, address and telephone number
• Information on all employers you worked for during the 18 months prior to filing your claim
• The name of the employer you worked for the longest within the last year and a half
• The reason you are no longer working for your last employer. – be as specific as possible
• Whether you are receiving, or expect to receive any payments from a former employer
• Whether you are able to work and available to accept work.
• Whether you have a legal right to work in the United States.

Sacramento Unemployment Compensation Attorney

If you have been unfairly denied of your unemployment benefits, or are an employer being challenged, contact an experienced unemployment compensation attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation. There is no reason for you to wait any longer to settle your compensation claim.

Consider this as a type of insurance policy, similar to your homeowner’s insurance – you hope you never have to use it but you feel secure having it. And, if that storm ever blows through and levels your house, you’ll be really glad that you have it!

After all, the divorce statistics do not bode well. Approximately half of all first marriages and about 70% of second and third marriages end in divorce. So even if you are happily married—or not yet married – you should never assume that this can’t or won’t happen to you.

If you’re a successful woman business owner, you’ve worked hard to build your business. You’ve sacrificed so much and spent untold hours making it what it is today. However, in a divorce, your husband (or future husband) can put all your hard work and your ownership stake in your business at risk. This is true whether or not he was involved in the company, and regardless of who initiated the divorce.

It can seem incredibly unfair, but if your business grew in value while you were married, the amount of increased value must usually be included in the pot of marital assets to be divided between you and your husband.

When a marriage is troubled, divorce should rarely be the only solution considered. When divorce is necessary, contact an experienced Sacramento divorce attorney of the Law Offices of Bowman & Associates, APC., for a free initial consultation. Helping people across Northern California, we advise our clients to consider a collaborative process that conserves both emotional and economic resources. However, if interests can’t be protected in a cooperative setting, we are the tireless and assertive litigators that you want on your side.

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In September, records show, the department outsourced the traffic-ticket reviews to a company called Anytime Solutions, which was incorporated Sept. 1 by Police Commander Edwin Hosli, a close family friend of Serpas. Hosli is listed as the company’s director and vice president. Serpas is godfather to Hosli’s child.

Anytime Solutions billed the city for more than $96,000 during the next five months, records show. The company’s billings included a 10 percent “supervisors fee,” plus hourly rates of between $35 and $55 for each of the 20 employees listed on some invoices.

The invoices that include names list three police commanders as being on the “photo enforcement payroll” — Darryl Albert, Eddie Selby and Hosli. However, for the billing periods provided to The Times-Picayune by the city pursuant to a public records request, Hosli was the only one of the three who billed for any work.

The list of employees also includes officer Travis Ward, Serpas’ son-in-law, and officer Darnell Saunders, Serpas’ driver and bodyguard. Both men did bill the NOPD for work.

Depending upon the offense, a traffic violation conviction can mean hefty fines, suspension or revocation of your driver’s license, and long-term costs if it causes your insurance premiums to go up. There may be a defense to your traffic ticket, contact an experienced Sacramento traffic violation attorney of the Law Offices of Bowman & Associates, APC., for a free initial consultation. We are able to help people across Northern California prevent their premiums from increasing using our deep knowledge of California traffic law.

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The committee is conducting a hearing based on a resolution filed by Cagayan de Oro Rep. Rufus Rodriguez urging President Benigno Aquino III to look into the possibility of reaching an amicable settlement and putting an end to an expensive and long-drawn litigation.

The resolution also urged government to pay the builders just compensation.

Calling the NAIA-3 dispute “a blackeye” on the administration’s efforts to lure foreign investors, Ejercito cited the need for government to come to terms with the legal problems confronting NAIA 3.

The controversy surrounding the project have given potential investors something to think about, according to the lawmaker, referring to the involvement of Germany’s Fraport AG, a principal investor in the Philippine International Airport Terminal Co. Inc. (Piatco) which built the world-class facility.

Across Northern California our clients include domestic and international private companies ranging from entrepreneurial start-ups to mature ongoing concerns, predominately operating in technology and service sectors. Contact the experienced Sacramento business & contracts attorneys of the Law Offices of Bowman & Associates, APC., for a free initial consultation. We are poised to represent smartly operated companies with their capital formation and corporate development plans. We advise clients at every step regarding the fiduciary duties of boards of directors and shareholders rights. We also advise our corporate clients on their worldwide operations and assist them with a broad range of strategic planning needs, taking into account the myriad of requirements of different legal regimes.

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Repeated, continuous calls throughout the day and night was the most common form of harassment consumers reported from debt collectors. False claims inflating the amount of debt, misinformation about the status of debt amounts and the withholding of federally required explanations of consumer rights were all common as well.

As consumer debt rises and debt buyers are suing consumers, debt collection abuse has risen drastically says the Consumers Union. The non-profit organization who publishes the popular Consumer Reports is calling for legislation that protects consumers from debt harassment and abuse. The Consumer Financial Protection Bureau was formed to help protect U.S. Consumers from financial scams, and it should take action against unlawful debt collection practices asserts the group.

Consumers Union has done its own research and report on this topic earlier in 2011, in conjunction with the East Bay Community Law Center. One shocking practice that the report highlighted was lawsuits being pressed by debt buyers without any proof to document the claim. Debt collectors are legally allowed to sue for debt repayment without documentation. This allows consumers to be sued over amounts they have already paid or settled with the company.

Consumers Union is calling for a number of new protections. They are recommending that debt collectors be required to sign paperwork attesting to the legality of their claim and keep accurate documentation of the debt. Debt that has passed from a credit report after seven years should not be recoverable, and all debt collectors should have to inform consumers of their rights and give them full disclosure on the owner and amount of their debt.

If you or someone you know is a victim to debt collection harassment, contact the knowledgeable California debt collection harassment attorneys, at the Law Offices of Bowman & Associates, APC., for a free consultation. Our attorneys will discuss the automatic stay and other important aspects of the bankruptcy process to ensure that the harassing phone calls will stop, and your piece of mind returns.

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The decision restores a $57,640 jury verdict in favor of Vincent Staub, an Army reservist who was fired from his job as a medical technician at the Proctor Hospital in Peoria, Ill.

Staub contended two of his supervisors were biased against him because he was absent on weekends because of his military duties.

They said he put a “strain on the department,” and others had “to bend over backwards to cover” for him.

The justices said the crucial issue is whether illegal bias was a “motivating factor” in the decision to a fire an employee.

Companies and public agencies are not shielded from liability, they said, simply because the supervisor who made the decision to fire a worker did so for valid reasons. If biased supervisors influence the outcome, the employer can at fault, they said.

For at least a decade, lower courts have been split over whether workplace civil rights laws should focus narrowly on one supervisor who makes hiring and firing decisions, or more broadly on many supervisors who influence the outcome. The high court opted for the broad approach.

“An employer’s authority to reward, punish or dismiss is often allocated among multiple agents,” said Justice Antonin Scalia. “The one who makes the ultimate decision does so on the basis of performance assessments by other supervisors.”

The California employment discrimination lawyers of Bowman & Associates help clients across the state from their offices in Sacramento and Folsom. If you or someone you know have legal questions about discrimination issues at your job, contact our experienced Placer County employment law attorneys for a free consultation. We are here to help.