Buffington Law Firm, PC | Attorneys And Counselors at Law
Litigators For Your Business,
Real Estate, and Trust Disputes 714-450-6568
View Our Practice Areas

March 2013 Archives

Family Medical Leave Act -- Employment Disputes

            Buffington Law Firm's experienced employment attorneys are experienced at dealing with issues concerning the Family Medical Leave Act ("FMLA"). The FMLA is a well-intentioned law that is intended to make it easier for employees to deal with certain family situations such as illness or childbirth without fear of losing their jobs. The FMLA applies to most private sector businesses that employ 50 or more employees. A covered employee can take up to twelve workweeks of leave in a 12 month period. For more detailed information, consult one of Buffington Law Firm's Orange County employment lawyers. Contact us. You can also refer to the US Department of Labor website here.

Wage and Hour Claims -- a Common Form of Employment Dispute

            Wage and Hour claims are a common type of employment dispute that often leads to litigation. Wage and hour claims usually arise when a business classifies and pays an employee as a salaried employee rather than paying that employee hourly inclusive of overtime. Under California law, most employees are required to be classified as non-exempt, i.e. paid by the hour and paid overtime.  There are exceptions, but these exceptions are narrow and often do not apply even if common sense seems to indicate that a given employee should be paid via salary. For example, very responsible employees may appear to be "management" because they have considerable responsibility and do not appear to do the kind of work that should involve "punching a timeclock." Unless these employees actually have people reporting directly to them and unless certain other criteria apply, the State will often hold that these employees are non-exempt and must be paid overtime. One of the most common errors that California employers make is to pay employees a weekly salary rather than pay them as hourly employees. 

Email Us For A Response

Questions? Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

VISA | Master Card | American Express

Buffington Law Firm, PC
8840 Warner Avenue Suite 300
Fountain Valley, CA 92708

Toll Free: 800-835-2447
Phone: 714-450-6568
Fax: 714-842-6134
Fountain Valley Estate Planning Office