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Employment Disputes Archives

How to Handle Employee Claims Against Employers

Buffington Law Firm's Orange County trial lawyers often deal with situations in which a present or former employee of a company makes a high-dollar demand for unpaid past wages.  California law is strict concerning the manner in which employees are paid.  Employees know this, and a common scenario is a situation in which an employer terminates an employee for cause or as part of a structural layoff, and the employee then files a high-dollar claim against the employer for unpaid wages.

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. 

Wrongful Termination Claims -- Some Basics

           Employment disputes constitute one of the most common types of litigation that confronts California businesses. One of the most common types of employment disputes are claims of wrongful termination. If you are involved in a wrongful termination claim or need to discuss the possibility of filing such a claim, you can speak at no charge directly with one of our experienced employment litigation attorneys. Call 714-450-6568 for a free legal consultation one of our experienced California labor law attorneys.

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