Answers Posted By Harvey Berger

Answer to Wrongful Termination Discrimination & Retaliation

Where are you?

posted Dec 21, 2002 7:10 PM [EST]

Answer to Exempt if only 2 employees?

San Diego Help

I agree (as usual) with what Janet Koehn said, but I also believe that travel time to mandatory training is considered hours worked.

Pope & Berger specializes in wage and hour matters, and we would be gled to speak to you, and the other employees. The group is too small for a class action, so each employee would have to bring an individual claim, but we could do so as a group.

Please call me anytimem.

Harvey Berger
Pope & Berger 550 West C St.
San Diego CA 92101
(619) 595 - 1365

posted Dec 8, 2002 08:18 AM [EST]

Answer to loss of wages

Overtime

As a security guard, you are entitled to overtime, and if the owner makes you work at 2 companies he owns to avoid paying you overtime, that is illegal, Both companies and the owner would be liable.

The Labor Code provides that the employer must pay attorneys fees for overtime violations.

If there are other employees in the same boat, a class action is available, which would recover overtime and other damages for all current and certain former employees.


Harvey Berger
Pope & Berger
619-595-1365


posted Jun 15, 2002 2:53 PM [EST]

Answer to AT-Will Terminitation

termination

yes, unfortunately they can terminate you immrdiately upon giving notice.
There is a WARN Act for mass layoffs which does provide for some protection in certain cases, but not if you resign before the layoff.


Harvey Berger
Pope & Berger
619-595-1366

posted May 31, 2002 7:05 PM [EST]

Answer to Employment Agency Overtime Laws

Employment Agency

If you are employed by the agency (i.e. they give you your paycheck) then you are definitely entitled to overtime.

Harvey Berger
Pope & Berger
San Diego
619-595-1365

posted May 13, 2002 09:24 AM [EST]

Answer to Meal Breaks Replay from Employee.

Meal Breaks

These answers must be short, and the law is long.... If the nature of the work does not allow a meal period, the employer and employee must agree in writing that the on-duty meal period will be counted as hours worked. Absent a written agreement, there is a violation. I must emphasize, however, that there is a very strict interpretation of what type of work does not allow a meal period. If there are multiple employees, I do not understand what about monitoring signals prevents a meal period. Lots of people monitor things, and staggered meal periods, or other solutions are available. Therefore, I doubt, that under any circumstances, the comapny can get away without meal periods. Penalties are significant, and the Labor Code requires the employer to pay attorneys fees, costs, interest and penalties.
Harvey Berger
Pope & Berger
619 595-1365
berger@popeberger.com


posted Mar 19, 2002 8:00 PM [EST]

Answer to Compensation for missed meal breaks.

Meal Breaks

As (almost) always, Janet is correct. If you are in San Diego, you may call Pope & Berger at 619-595-1365.
A claim could be brought by one or several individuals, or onn a class action basis, if sufficient number of employees are involved.

posted Mar 19, 2002 7:27 PM [EST]

Answer to Corporate Commission Re-structure

commission changes

Any changes to the commission structure must be prospective (i.e. in the future.) The company cannot take away commissions you have earned (retroactive changes are illegal forfeiture of wages.)
Harvey Berger
619-595-1365

posted Mar 4, 2002 10:51 PM [EST]

Answer to Non compete in seperation agreement

San Diego

Janet Koehn, as usual, is correct. If you are in San Diego, please feel free to call me at 619-595-1365.
Harvey Berger

posted Feb 28, 2002 11:26 AM [EST]

Answer to subsidiary severance smaller than parent corporation severance

Severance

You have not provided enough information to answer the question.

posted Feb 27, 2002 1:00 PM [EST]