What To Do, And Not To Do, When You’re Getting Fired

One of the most exciting experiences I have as an employment lawyer is meeting a prospective new client, hearing their story, and starting to formulate in my own mind the many ways I’m gonna make that rotten company pay for what they did. As the story unfolds, I start to see a great case for […]

Wage and Hour Claims: Am I being properly compensated for the hours I work?

Wage and hour claims in California have been increasing in recent years due to changing employment laws and employee awareness. Still many employers fail to properly pay their employees for the hours they work. Although this may be intentional in some circumstances, many employers do not keep current with wage and hour laws and they […]

Hallie Von Rock Runs for Ronan

Aiman-Smith & Marcy is sponsoring Hallie Von Rock to represent us in the Boston Marathon on April 20, 2015.  Hallie is taking this opportunity to raise funds for childhood cancer by supporting the Ronan Thompson Foundation. The Ronan Thompson Foundation is a non-profit organization fighting to find a cure for neuroblastoma. The Foundation is fundraising to […]

Wells Fargo Instructed to Forfeit $203 Million in Overdraft Case

On May 15, 2013, a federal judge had again instructed Wells Fargo & Co. to forfeit $203 million to resolve class action litigation charging it with enforcing unnecessary overdraft cost on checking account customers, restoring a reward that had been dismissed in 2012. On May 14, 2013, U.S. District Judge William Alsup re-established a fine […]

California: Advocacy of Insubordination On Facebook Is Concerted But Not Protected Activity

Finally, there’s a breath of common sense in an NLRB Facebook decision. The board this week upheld the dismissal of a ULP against a neighborhood center which had fired two workers for a profanity-laced discussion on Facebook in which they advocated various acts of insubordination. Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014). It is critical to note […]

Google Just Got Hit with a Major Class Action Lawsuit

Hagens Berman, a consumer rights law firm, has filed a class-action lawsuit against Google, claiming “the search engine giant illegally monopolized, and financially and creatively stagnated the American market of internet and mobile search.” Do they have a case? The lawsuit accuses Google of creating secret “Mobile Application Distribution Agreements.” Berman believes these agreements were hidden from […]

Employees Forced to Remain on-call without pay

California law places limits on forced overtime for workers. Outside of safety standards, there is no legal labor requirement to stop an employee from working as many hours of overtime as he or she wishes, but an hourly or non-exempt employee who works more than 8 hours in a day must be paid extra for […]

Exempt Employee Misclassification

The Federal Fair labor Standards Act sets standards for basic minimum wage and overtime pay and regulates practices of most public and private employers.  In addition, California wage and hour lawsfurther define how employers are required to treat their employees.  Employment status is based on such factors as the type of work employees do, their responsibilities and rate […]