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October 2017 Archives

Vacation Pay

Vacation Pay.jpgVacations are part of the American experience. If you think about it, we start getting vacations in daycare, in elementary school, and through our entire educational experience. So the concept is engrained in the structure of our lives. So when we enter the workforce, we consider it a given that vacation will be a part of the equation. Unfortunately, this isn't the case for everyone.

"Exempt" Employees in California

_Exempt_ Employees in California.jpgThe California Labor Code and the federal Fair Labor Standards Act (FLSA) provide broad protections for employees in California. Most of the workforce is California is classified as non-exempt. Most of the overtime and wage protections provided by the Labor Code and FLSA directly address non-exempt employees. However, there is also a classification of "exempt" employees, to whom a different set of rules may apply. The classification of an employee as exempt versus non-exempt is incredibly important, and employers are often caught improperly classifying employees as exempt.

Getting Paid After You Quit

Getting Paid After You Quit.jpgWhen you quit a job, things can get very bad, very quickly. Whether you were planning to quit or simply could not take it and impulsively quit, losing your primary source of income hits hard. It likely means that you will struggle or fail to pay rent, a car payment, car insurance, a phone bill, utilities, or credit cards bills. That is why your final paycheck from your employer is so important, because it is that last influx of money to tide you until you find another job. Fortunately, California has some of the most employee friendly laws when it comes to final pay. These laws establish strict and swift timeframes in which an employer must deliver a final pay check to an employee who quits.

Give Me A Break

Give Me A Break.jpgCalifornia has strong laws that protect employees. One area of these protections, established by the California Labor Code and a perpetually growing body of case law from the Appellate Courts, is breaks for employees. Employers are required to provide rest and lunch breaks to their employees if they work a certain number of hours each day. Unfortunately, employers often try to get around these laws or find ways to violate them. If you work in California, know the employers are required to provide the following breaks.

How the Fair Labor Standards Act (FLSA) Works

How the Fair Labor Standards Act (FLSA) Works.jpgWe all know that a work week in America is forty hours, that there is a minimum wage that an employer can pay you, and that children are not allowed to do hard labor. This hasn't always been the case. Established in 1938, the Fair Labor Standards Act (FLSA) was landmark legislation enacted in response to unregulated and oppressive working hours imposed by businesses on adult and child employees. The impact of the FLSA on American work life cannot be overstated. It provided sweeping reforms as to how the American working class are treated and paid.

When Your Paycheck Comes Late

When Your Paycheck Comes Late.jpgWhen you go to work at your job, you do so with the expectation of getting paid. Not only is this is the civic contract between an employer and an employee, but it is well-settled law. Unfortunately, as the attorneys at Moss Bollinger have seen many times, some employers either don't have their business in order or choose to play games with their employees when it comes to payment. One of these scenarios is when employers pay employees late.

My Employer Insists on Paying Me Federal Minimum Wage

My Employer Insists on Paying Me Federal Minimum Wage.jpg$10.50 per hour is the minimum wage in California. Remember that number. Because if a potential employer is trying to convince you to take less than this amount, you are being deceived. Employers in California are subject to both federal and state employee wage laws. The federal government mandates compliance with the Fair Labor Standards Act (FLSA), while California is governed by the California Labor Code.

Preparing to Meet with Your Employee's Rights Lawyer

Preparing to Meet with Your Lawyer.jpgEmployees have many rights in the state of California, which offers some of the strongest protections against employer misconduct in the country. When your rights have been violated by your employer, you should seek legal advice. At Moss Bollinger, we seek to stand up to businesses on behalf of employees. If you feel that your employer has violated your rights, call our office to set up a consultation. When you meet with an attorney for the first time, it is important to prepare the following:

How to Calculate Overtime When You Receive a Bonus

Thumbnail image for How to Calculate Overtime When You Receive a Bonus.jpgWe love bonuses. For all of our hard work, it is nice to be recognized and rewarded. Further, any bump in our bank accounts helps. However, with your bonus, it is important to be aware of how to calculate your overtime pay. This is because your bonus may positively impact your overtime rate of pay. Unfortunately, some employers do not properly account for your bonus when calculating your pay, which is a violation of California law.

When You Need an Employee's Rights Lawyer

When You Need an Employee's Rights Lawyer.jpgBusinesses do wrong by their employees a lot. And they often get away with it. This is because many employees feel like it is easier to throw up their hands than it is to stand up to aggressive bosses who are backed up by expensive lawyers. This is unfortunate, as there are many federal and California state employment laws that are designed to protect employees. This is why if you feel you have been wronged by your employer, you should contact Moss Bollinger. For years, we have fought against big businesses to protect the rights of employees.

Do Your Homework Before Picking a College

Do-Your-Homework-Before-Picking-a-College.pngRegardless of where you are in your life, choosing a college can be one of the most significant decisions in your life. The right college can provide you the tools and foundation to begin a career in the field that you want. Unfortunately, on the other side of the coin, choosing the wrong college can lead you toward a path of heavy debt and regret. This is why we recommend that you take some time and do your homework before deciding on a college. Here are some practical ideas that you might try.

Ripped Off by a For-Profit College? Read This.

Ripped-Off-by-a-For-Profit-College-Read-This.pngCollege is supposed to be an exciting time. We have been taught our entire lives that in order to make more money and provide a better life for ourselves and or families, we should go to college. In other words, if we dedicate ourselves and work hard, we can improve our situations. It is the American way. Unfortunately, as attorneys at Moss Bollinger, we have seen that some colleges are far too eager to prey on people who are just trying to get ahead in life.

For-Profit Colleges Create Disadvantage for Maine Students

For-Profit-Colleges-Create-Disadvantage-for-Maine-Students.pngFor-profit colleges often advertise and recruit students with a message of hope. That is, these colleges show commercials about hard-working people with children who had better lives and were better able to provide for their children after graduating. In addition, for-profit colleges have gotten in trouble, like DeVry, for advertising false statistics to back up their claims. A recent study conducted by the Center for Responsible Lending examined the student loan burden of college students in Maine. The result? For-profit colleges target lower income students and put them in heavier debt than other colleges.

Corinthian College Students Eligible for Loan Cancellation

Corinthian-College-Students-Eligible-for-Loan-Cancellation.pngWere ripped off by Corinthian College? Were you promised a great education and better job prospects, yet left with nothing but a massive student loan when the college shut down and went into bankruptcy? Unfortunately, you are just one of tens of thousands of students who was defrauded by the for-profit college. But in some rare positive news, you may be entitled to some relief in the form of student loan forgiveness.

Veterans Harmed by For-Profit Colleges May Get Relief

Veterans-Harmed-by-For-Profit-Colleges-May-Get-Relief.pngVeterans who serve our country with honor do not deserve to get ripped off. Unfortunately, since World War II, there has been a disturbing trend in for-profit colleges seeing uniformed service members as a source of easy money. This is because the G.I. Bill, created after the second World War, was established to provide tuition to veterans so they can get a college education. For-profit colleges have a special incentive to target veterans due to a loophole in the law, referred to as the 90/10 rule, which allows them to get significantly more Federal money per veteran student than they do for non-military students. Some proposed laws in Congress are being considered to protect our veterans.

Beware of Aggressive College Recruiters

Beware-of-Aggressive-College-Recruiters.pngWhen the giant for-profit college ITT abruptly went out of business, thousands of students were left in the cold with worthless college credits and massive student loans that did not result in better job prospects. In addition, taxpayers were left having to pay off hundreds of millions of dollars in defaulted federal student loans. All of this has been a cautionary tale for prospective students looking to get ahead by going to college. One of the takeaways from the ITT debacle? Beware of aggressive college recruiters.

Legislative Update: Making College More Accessible

Legislative-Update-Making-College-More-Accessible.pngPart of the American dream for many families is going to college or sending your children to college for the chance at a more prosperous life. The unfortunate reality for many people is that college is simply unaffordable, unless they want to take on a giant student loan. Did you know that over the last 45 years, the median income for a household has only increased about 10%, while the cost of attending a public college has increased by 530%? The math simply doesn't work out. Current legislation before the California legislature is attempting to bring attention to this problem and offer a chance at free tuition for California residents.

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