Tag: blog

Interview Questions Employers Cannot Ask

Martin

Due to legislative updates over the last year, California employers are becoming increasingly limited in the types of questions they can ask candidates during the application and interview process. Here are a few examples of questions that California employers cannot ask in 2019.

Although asking the question “have you ever been convicted of a crime?” was previously common practice during interviews and online applications, it is now illegal for employers with more than five employees to ask about or consider conviction history until after the candidate has received a conditional offer.

Additionally, while employers are free to inquire about salary expectations, asking a candidate how much they previously made is prohibited. The employer may only take salary history information into consideration along with other factors if it is voluntarily provided by the applicant

The question “where are you from?”, while seemingly innocent, can be interpreted as a question about the applicant’s national origin. And although the employer may ask if the applicant has the legal right to work in the US, California’s Labor and Workforce Development Agency prohibits employers from taking immigration status into consideration.

Other personal questions such as “when did you graduate high school?” or “are you married?” are off limits since they could lead to discrimination. Any questions related to parenthood, marital status, or age (unless the job has a legally enforced minimum age requirement) are prohibited until after the applicant has been hired.

If you or someone you know has been discriminated against during the hiring process, call (818) 630-7280 today for a free consultation with our employment attorney.

Three Common Wage and Hour Issues Workers Face

Martin

One of the basic tenants of the worker and employer relationship is that employees receive payment for the time they work. While this arrangement is supposed to be straightforward, some employers try to bend the rules or withhold payment to their employees. Because wage theft is one of the most common employment problems that workers face, every employee should be aware of some common ways that businesses withhold wages from workers and the steps you can take to get compensation. 

Some unscrupulous employers may attempt to withhold your overtime pay, or they may inaccurately calculate your wages. Workers should keep track of the time they work and compare that to their paycheck. Some businesses may also classify their employees as independent contractors so they can deny overtime payment and pay workers under the minimum wage. Misclassified employees may be able to get compensation from their employer for unpaid overtime, employment taxes and other forms of lost income. Additionally, keep in mind that nonexempt workers in California have a right to meal and rest breaks depending on the length of their shift.

The California Labor Code section 250 requires employers to give workers a 30-minute meal break if they work for more than five hours in a day. Employees who work at least three and a half hours in a day must receive a 10-minute rest break for every four hours worked or major fraction thereof. 

If you believe that your employer failed to pay your full wages, please call us at (818) 630-7280 to schedule a free consultation with an attorney.

When To Write Your Will

Martin

There are a few big life events that can happen to a person that can bring up the question “is it time I write my will?” This can sometimes happen after a medical diagnosis or when you have your first child. For everyone, deciding when to write your will is going to be different based on the individual’s experiences. Here are a few big life events where you should consider drafting up your will.

After The Wedding

Combining your family and assets is a perfect occasion to create a will. This will also have an affect on your beneficiaries. The same idea applies in situations of divorce as well.

Your First Child

This one is obvious. When drafting your will after having children, you are considering them first and foremost and what is important for you to leave behind. You will have more control of how to divide your assets and who you want to appoint as guardian. Once your child or children have reached legal age (or after your family has grown in numbers), it’s a good idea to revisit the will for any revisions you might want to make.

Medical Diagnosis

This can apply to you, a family member, or a friend. Witnessing tough medical diagnoses can have a big affect on how you see your future. Whether you personally are facing these experiences, or someone you know is facing a difficult time, this is a good time to consider creating your will.

Making Large Investments

Buying a house? Beach home? Rare collectibles? Whenever making a large investment, it’s a good idea to put some focus on the will, even if you are just adding assets.

It’s Just Time

No real excuse to write your will, but you’re still considering it? If you already have property and assets you want to protect, there’s no better time than now. Not much to your name? Maybe now isn’t the right time. Don’t overthink it. If you have any questions about Estate Planning, don’t hesitate to call us at 818-630-7280 for a free 30 minute consultation.

How To Stop Robocalls From Reaching Your Phone and Your Rights

Martin

According to research done by the communications security firm First Orion, from 2017 to 2018, the amount of spam calls placed jumped from 3.7% to 29.2%. In 2019, it’s expected that almost half of all cell phone calls will be spam calls if this trend continues.

The first step you can take to minimize the amount of robocalls you receive is to put your number on the National Do Not Call Registry, which is maintained by the Federal Trade Commission. However, since there are many marketers who will ignore the registry, another way to filter these calls is to let an app screen your calls. Some apps that carriers offer for free include T-Mobile Scam Block, Sprint Premium Caller ID, Verizon Call Filter, and AT&T Call Protect. Additionally, there are third-party apps which are designed and widely used to smartly block spam calls such as YouMail, Truecaller, Hiya, and RoboKiller.

If a specific spam caller continues to reach you after taking these steps, the good news is you can easily block that number. However, if several robocalls continue to get through after taking these steps, you can take advantage of your iPhone’s “Do Not Disturb” feature. This will allow you to change your settings so that you are only notified of calls and texts from the contacts you choose, sending any unknown numbers directly to voicemail.

The Telephone Consumer Protection Act (TCPA) generally regulates advertising over the phone in-cluding robocalls and the sending of text messages. Unsolicited robocalls and text messages are harassing and annoying, and they can cost you by using your wireless-plan minutes or by having you incur other charges. The TCPA allows consumers subjected to prohibited conduct to file a lawsuit to recover statutory damage amounts of $500 to $1500 per violation.

If you believe you have received an illegal advertising call or text, please call us today at 818-630-7280 for a free consultation.

An Option to Reorganize and Save Your Business

Martin

If your company has faltered on the road to success, and debts have overtaken your ability to pay them, Chapter 11 Bankruptcy is an option to reorganize your business. Filing a Chapter 11 bankruptcy does not require closing your doors or selling the company to appease the debtors. Instead, it is a legal way to end collections harassment and come up with a plan for repayment of debts, capital improvements and future success. The question of whether to file a Chapter 11 bankruptcy usually comes down to having limited options.

Of course, other chapters of bankruptcies may be considered, but they frequently require downsizing, selling off assets, or closing up shop completely. If you want to hold on to your company and still believe that it can succeed over time, Chapter 11 gives you that opportunity. The majority of Chapter 11 bankruptcy cases are filed by business entities such as LLCs, and large corporations. Individuals are also eligible to file for Chapter 11 and it can be the best option for someone who is highly leveraged with valuable or cash flowing assets. In some cases, this is the only way to hold on to a company and remain solvent when income fails to meet expenses. JLG Lawyers delivers a professional and customized approach to your specific needs, depending on the situation at hand. If you believe that your company might benefit from a Chapter 11 bankruptcy, call our office at 818-630-7280 to schedule a free consultation with an attorney.

Legislation Updates Every Employer Should Know

Martin

Employment laws are constantly changing, and it’s important for employers to stay updated on new legislative requirements so they don’t unknowingly violate them. Under the new Senate Bill 1343 which will take effect January 1, 2021, employers with five or more employees (including temporary or seasonal), must provide at minimum two hours of sexual harassment training to supervisory employees and one hour of sexual harassment training to nonsupervisory employees.

Employers are mandated to provide this training within six months of hiring a new employee and once every two years thereafter. Additionally, a second bill was introduced to clarify that an employer who provided the required training and education to an employee in 2019 is not required to re-train that employee for another two years. Furthermore, there are two new requirements regarding the mandatory notices that must be posted in the workplace.

All employers covered by the California Family Rights Act (CFRA) and/or the New Parent Leave Act (NPLA) must post a notice explaining the Acts’ provisions and procedures. Employers with 20 to 49 employees must post new notices at their location, while employers with over 50 employees must update their existing notices. Lastly, this new regulation requires that employers updated their handbook to include a description of the CFRA and/or NPLA leave information by April 1, 2019. While these changes may seem minor, it is crucial that employers abide by these new regulations and make the necessary adjustments in order to avoid liability. If you or someone you know has an employment issue and is in need of legal assistance, please call our office at (818) 630-7280 to schedule a free consultation with an attorney