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Although gender and race are often the basis of workplace discrimination and harassment, so too are “age, disability, religion, national origin, sexual orientation, and gender identity,” according to a Select Task Force (STF) assembled by the U.S. Equal Employment Opportunity Commission (EEOC).

Established in January 2015, the STF includes academic, legal, business and labor professionals who have been focused on identifying and developing strategies for successful preventing or eliminating workplace harassment. The most recent meeting of the Task Force, the third convening of this group, took place in Washington, D.C. earlier this month. Below is a look at some of the most important developments to come out of this meeting.

Identifying How Discrimination Contributes to Workplace Harassment

Workplace Harassment Often Stems from Discrimination, EEOC Task Force Notes

Workplace Harassment Often Stems from Discrimination, EEOC Task Force Notes

As part of the STF’s most recent meeting, experts identified the following as basis of workplace harassment:

  • Disability, with visible impairments commonly giving way to “playground-type taunts” while not-visible impairments (e.g., mental impairments) more often leading to “intrusive medical questions or gossip and innuendo”
  • Religion, with harassment against Muslims (particularly those who wear religious garb) being a prominent problem, especially in light of current events (in the U.S. and abroad)
  • Sexual orientation gender identity, with harassment often take the form of “epithets and ostracism” and with the harassment of these individuals commonly being “severe”
  • Age, which experts noted is often not taken as seriously by the courts.

Commenting on the outcome of this recent meeting, EEOC Commissioner Chai R. Feldblum has stated:

The testimony we heard underscores the import of the Select Task Force’s work… Unfortunately, harassment in the workplace is not limited to just sexual harassment, but rather, impacts workers from many different backgrounds. Just as “it’s on us” to prevent sexual assault on college campuses, it’s on us – all of us – to prevent and stop harassment in the workplace, and the EEOC intends to play a critical role in doing so.

Expressing similar concerns about workplace harassment – and underscoring the importance of the Task Force’s work, EEOC Commissioner Victoria A. Lipnic noted that:

Today’s witnesses added important testimony to the body of evidence presented to the Select Task Force… Harassment can cover many bases in many different workplaces. Equally important, new digital platforms may provide meaningful ways to communicate within workplaces about unacceptable and potentially harassing workplace behaviors.

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

Have you been the target of harassment in the workplace? If so, you can turn to an experienced Los Angeles employment attorney at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice. At Moon & Yang, our lawyers are trial attorneys with significant experience representing both individuals and businesses in state and federal courts at both the trial and appellate levels.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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The U.S. Restaurant Industry Is Rife with Gender & Racial Discrimination, Study Reveals

The U.S. Restaurant Industry Is Rife with Gender & Racial Discrimination, Study Reveals

The restaurant industry is among the fastest growing sectors in the U.S. economy. It is, however, plagued with gender and racial discrimination, according to the findings of a study conducted by the Labor Center as the University of California, Berkeley.

This study, “Ending Jim Crow in America’s Restaurants: Racial and Gender Occupational Segregation in the Restaurant Industry,” focused on evaluating the pay rates and job positions for restaurant workers of different genders and races, based on data from the Bureau of Labor Statistics (BLS).

And what they found was that women and minorities working in the restaurant industry are commonly the subjects of discrimination.

A Closer Look at the Findings

According to these researchers, in the U.S. restaurant industry:

  • White males typically earn the highest wages, making in at least 22 percent more than male minorities and at least 25 percent more than females.
  • More than 80 percent of the management positions were held by white workers, with a significant majority of these individuals also being male.
  • Minority workers were far more likely to be employed in the “back-of-the-house,” filling kitchen or janitorial positions.
  • Back-of-house employees tend to earn about 12 percent less than “front-of-house” workers (like hostesses and servers).
  • Although women occupy about 60 percent of the front-of-house positions, they still only take in about 78 percent of the income earned by their male counterparts in front-of-house positions.
  • Minority women in front-of-house positions are far more likely to be occupied in lower-level positions, such as bussers.
  • Minority workers tend to have less upward mobility, and nearly 30 percent have cited their race as being the primary reason for their lack of mobility/opportunities to advance their careers.
  • “After adjusting for education and language proficiency, workers of color receive 56 percent lower earnings when compared to equally qualified white workers.”

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

Have you been the target of gender and/or race discrimination in the workplace? If so, you can turn to an experienced Los Angeles employment attorney at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

At Moon & Yang, we have a strong commitment to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters. In in various legal areas, we have helped our clients achieve short-term and long-term goals while keeping a realistic assessment of what to expect in the future.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page. From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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Important Facts to Understand about Workplace Sexual Harassment

Important Facts to Understand about Workplace Sexual Harassment

Workplace sexual harassment is illegal and unacceptable. While many workers may be aware of this fact, they may not understand what to do or how to deal with workplace sexual harassment when it occurs.

To help empower and inform workers, below, we have pointed out some of the more important facts to understand about workplace sexual harassment, workers’ rights and options for justice after harassment occurs.

Workplace Sexual Harassment: Here’s What You Should Know

  1. Sexual harassment does not have to involve physical contact – Sexually charged comments, displays of sexually explicit materials and even sexual emails/texts from colleagues can all constitute sexual harassment. Additionally, sexual harassment can occur when the harasser/victim are of the same gender, as well as when the harasser may be a non-employee (like a contractor or even a customer).
  2. Sexual harassment generally has to be persisting and/or severe – In other words, one incident will typically not be sufficient to constitute sexual harassment at work unless the event is especially egregious. Nevertheless, each incident should be reported to an employer, as these reports can be key to documenting a pattern in the future.
  3. You have to report the harassment to an employer before a lawsuit can be filed – The intention here is to provide an employer with the opportunity to investigate and address the issue before the courts step in.
  4. Your employer has to conduct an unbiased investigation of the incident – And this can (and should) involve interviewing any witnesses involved and evaluating any other evidence related to the incident. If the investigation reveals that sexual harassment did occur, the employer should take appropriate action to remedy the situation and/or discipline the harasser. The employer is not, however, obligated to fire the harasser.
  5. You can get help and more advice by consulting with an attorney – And this is the single best step you can take to protect your rights and gain an experienced advocate to help you pursue justice.

Contact a Los Angeles Sexual Harassment Attorney at Moon and Yang Professional Corporation

Have you been the target of sexual harassment in the workplace? If so, you can turn to an experienced Los Angeles sexual harassment attorney at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice. At Moon & Yang, we have a strong commitment to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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If you are harassed at work, here’s what to document in order to start collecting evidence.

If you are harassed at work, here’s what to document in order to start collecting evidence.

Workplace harassment can leave you feeling ashamed, embarrassed, upset and maybe even angry. While these feelings can be difficult to deal with, starting to gather evidence of the harassment can be one powerful thing you can do to take action, start fighting back and prepare to possibly file a case against the harasser and/or an employer.

How to Keep a Harassment Log

One important way to gather evidence of workplace harassment can be to keep a log, documenting specific details about each incident of harassment. To ensure your log is as helpful as possible in the future, here are the specifics to record in it (for each event that takes place):

  1. Who the harasser or harassers were/are – Record the names of all parties involved in the harassment. For each individual, it can also be helpful to document his or her work relationship to you (e.g., supervisor, colleague, client, etc.). These details can be easy to forget if or when the harassment persists.
  2. When the harassment occurred – Record the date, time and exact location of the incident. It is also important to note what exactly was occurring prior to the incident, such as a work meeting, a work party, etc. These details can set the scene, and documenting them now can help you track how frequent the harassment is/has been occurring.
  3. What took place to constitute the harassment – Essentially, describe the event in as much detail as you can remember, recording who said what, whether there were any witnesses present, etc. Your records on this may prove to be very helpful later, especially if the harasser or employer tries to tell a different story about what occurred.
  4. Whether or not you told the employer about the harassment – If you did not report the incident, record why not. If you did, record who you told, what was said and what (if any) actions were taken following your report. If there is a pattern of harassment and the employer fails to take action, your records on this can be crucial to proving the employer has violated your rights.

Documenting Harassment at Work: More Important Information

  • When harassment is not verbal – The above assumes that incidents of harassment involve someone saying something to another person. However, workplace harassment can be non-verbal also. For instance, harassment can occur via the display of offensive materials. In these cases, finding the appropriate manner to record the event (e.g., taking a picture) will be necessary.
  • The next steps – When you have experienced (and recorded) ongoing workplace harassment (i.e., a pattern of harassment), contact an experienced harassment lawyer to find out more about your best options for proceeding.

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

Have you been the target of harassment in the workplace? If so, you can turn to an experienced Los Angeles employment attorney at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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Wage theft describes the illegal practice of employers failing to adequately compensate workers for their labor, based on state and federal labor laws.

Given that wage theft can take many forms – and that many workers may not realize when they have been the victims of wage theft, below we have debunked some of the most common myths about this illegal practice.

The Facts about Wage Theft: What Workers Should Know

Myth 1: I agreed to be paid less than minimum wage, so my employer hasn’t committed wage theft.

Get the facts about wage theft from an experienced Los Angeles employment lawyer. Contact us for help holding an employer accountable for wage & hour violations.

Get the facts about wage theft from an experienced Los Angeles employment lawyer. Contact us for help holding an employer accountable for wage & hour violations.

Fact: Wrong! Per California labor laws, all employers in the state are legally obligated to pay their workers at least the state minimum wage (which is $9 through the end of 2015 and will increase to $10 as of Jan. 1, 2016; rare exceptions may apply). This means that, even if you signed something that stated you would agree to accept less than minimum wage, that document is not a legal contract, and it does not allow your employer to get around California minimum wage laws.

So, the bottom line is that, regardless of whether you agreed to be paid less, wage theft will have occurred if your employer fails to pay you at least the applicable California minimum wage.

Myth 2: Working ‘off of the clock’ doesn’t constitute wage theft.

Fact: Wrong again! Workers should be compensated for all of their labor. So, even if you agree to work off of the clock, the agreement doesn’t trump the state labor laws. If the employer fails to pay you the rate you deserve (either your standard hourly rate or overtime if applicable), wage theft will have occurred.

Myth 3: If my employer promised to pay me one wage and then ends up paying me less, there’s nothing I can do.

Fact: This is not true at all! First of all, if employers fail to pay workers some promised wage (paying them less when paychecks are issued), this is another form wage theft. There can be various ways to prove that wage theft has occurred in these situations, depending on the circumstances. For instance, initial employment contracts, paystubs and even witness statements can be helpful in establishing when this type of wage theft has taken place.

Myth 4: It’s better to not do anything about wage theft so that my employer doesn’t retaliate against me.

Fact: Absolutely not! Employers that commit wage theft need to be stopped. And, if they try to retaliate against the workers who speak up, they can face additional legal problems and penalties (as now they will face charges of wage theft and retaliation).

Contact a Los Angeles Employment Lawyer at Moon and Yang Professional Corporation

Have you been the victim of wage theft? Or has your employer violated any of your worker rights? If so, you can turn to an experienced Los Angeles employment lawyer at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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Earlier this month, the California Fair Pay Act1 was signed into law by Governor Jerry Brown. This remarkable new law, which will go into effect on January 1, 2016, has been hailed as being the strongest wage equality law in the nation, according to the National Partnership for Women & Families. And the facts about this law discussed below reveal just why that is.

What Workers Should Know about the CFPA

  1. The CFPA is a remarkable milestone in the wage equality movement, a Los Angeles employment lawyer explains. Here’s why. Contact us if you’ve been the target of wage theft.

    The CFPA is a remarkable milestone in the wage equality movement, a Los Angeles employment lawyer explains. Here’s why. Contact us if you’ve been the target of wage theft.

    The CFPA provides for equal pay for workers who perform “substantially similar” work – This broadens the state and federal laws regarding pay and gender discrimination, as the statutes pre-existing the CFPA only provided for equal pay for workers with the same job titles. Now, however, doing the same work – rather than holding the same job title – will be the basis for determining when workers should be paid the same rates as others of the opposite gender.

  2. Workers for the same company do not have to work at the same work site to be entitled to equal pay for the same work – This, again, serves to broaden the existing laws, which previously only allowed workers for the same company to be paid equal rates as other workers with the same title at the same job site. Now, however, the location of where the work is being performed is not relevant, so long as the work is being done for the same company. This effectively means (along with the above new right) that a female employee who performs the same work as a male employee for a company will be entitled to equal pay as the male counterpart regardless of job title and the job site.
  3. Workers can discuss wage issues without fear of retaliation – In fact, the CFPA empowers workers to talk about wage issues and question the wages of their co-workers, clarifying that it is illegal for employers to retaliate against these workers for doing so. Should employers take any adverse action against California employees for talking about wages and attempting to assert their rights under the CFPA, the employers can face lawsuits, fines and other punitive actions.

Contact a Los Angeles Employment Lawyer at Moon and Yang Professional Corporation

Have you been the target of wage and hour violations? Or has your employer violated any of your rights? If so, you can turn to an experienced Los Angeles employment lawyer at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

At Moon & Yang, our lawyers are trial attorneys with significant experience representing both individuals and businesses in state and federal courts at both the trial and appellate levels. We have a strong commitment to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page. From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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1: Full text of the CFPA

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At least 16 percent of working women may not have a clear understanding of what workplace sexual harassment is or when it may have taken place, a recently published survey1 has indicated.

In fact, according to this study, while about 1 in 6 women has been subjected to sexually explicit language or obscene remarks at work, these women did not consider that to be sexual harassment at work. While this may be unsettling for some, it does seem to beg the next question…

What Is Workplace Sexual Harassment?

Do you know workplace sexual harassment is? A new study has found that about 16% of working women don’t, a Los Angeles employment lawyer explains.

Do you know workplace sexual harassment is? A new study has found that about 16% of working women don’t, a Los Angeles employment lawyer explains.

According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Bringing this definition into a real-world work setting, common examples of sexual harassment at work can include (but are by no means limited to):

  • Commenting on workers’ bodies or their gender in general
  • Touching or having any unwanted physical contact with workers
  • Making ongoing employment and/or opportunities for promotion contingent on the performance of sexual favors
  • Sending workers lewd emails, text messages, etc.
  • Demoting, laying off, firing or taking any adverse action against workers who don’t submit to sexual advances.

Workplace Sexual Harassment: More Findings from the Study

While the study we cited above did reveal that many workers may not be aware of when workplace sexual harassment has occurred, it also indicated that:

  • Sexual harassment at work impacts workers across all education levels and professions, though these complaints are far more likely to arise in some industries (like the hospitality and retail industries) than others (like the medical and education industries).
  • More than 70 percent of sexual harassment victims never report the harassment or try to hold their harassers accountable.
  • For those who do have the courage to stand up to their harassers, more than half are not satisfied with the outcome of their report or case (via corporate/business HR channels).

Are you astonished by any of these findings about sexual harassment at work? Tell us your opinions and thoughts on Facebook & Google+.

Contact a Los Angeles Employment Lawyer at Moon and Yang Professional Corporation

Have you been sexually harassed at work? If so, you can turn to an experienced Los Angeles employment lawyer at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice. At Moon & Yang, our lawyers are trial attorneys with significant experience representing both individuals and businesses in state and federal courts at both the trial and appellate levels.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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1: Survey published by the Huffington Post (Feb. 2015)

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In light of our last blog regarding the high-profile worker misclassification case filed against Uber, now is a good time to answer some commonly asked questions about this issue so that people understand when they may have been misclassified as an independent contractor – and so that they know when to consult a lawyer and fight back to get the back wages and compensation to which they are entitled.

Important Answers about Worker Misclassification

Q: What is an independent contractor and how can I determine if I’m an independent contractor or an employee?

Wondering if you have been misclassified as an independent contractor? Here are some helpful answers. Or contact our Los Angeles employment attorney for a free case evaluation.

Wondering if you have been misclassified as an independent contractor? Here are some helpful answers. Or contact our Los Angeles employment attorney for a free case evaluation.

A: There is not currently a standard definition for an “independent contractor,” so these determinations are typically made on a case-by-case basis. That being stated, however, workers should understand that the Division of Labor Enforcement Standards (DLES) typically assumes that workers are employees and then assesses the situation more closely to determine if certain mitigating factors apply.

In particular, factors that could indicate that a worker is an independent contractor (rather than an employee) include (but are not limited to) the fact(s) that the worker:

  • Performs work that is distinct from the employer
  • Supplies his or her own tools and/or work location
  • Has freedom to work without supervision
  • Has a temporary relationship with the employer.

Q: If I’m 1099ed, does that automatically make me an independent contractor?

A: No, the method by which a worker is paid is not a determining factor as to whether that person is legitimately an independent contractor. Additionally, as the California Department of Industrial Relations (DIR) explains:

Your employer cannot change your status from that of an employee to one of an independent contractor by illegally requiring you to assume a burden that the law imposes directly on the employer, that being, withholding payroll taxes and reporting such withholdings to the taxing authorities.

Q: Why should I care if I’m classified as an independent contractor, rather than an employee?

A: You should care because California laws offer a number of protections to employees that are not provided to independent contractors. In fact, while wage and hour laws offer employees protections regarding minimum wage, overtime and break times, other California laws protect employees against discrimination and retaliation. Independent contractors don’t get such protections and, instead, only have recourse when it comes to breach of contract.

You should also care because employers who misclassify you as an independent contractor are typically trying to compromise your rights and protections in an effort to save their own profits.

Q: What should I do if I think I’ve been misclassified as an independent contractor?

A: Consult a lawyer ASAP for a thorough case evaluation and professional advice regarding your best options for proceeding. If you have, indeed, been misclassified, you may be entitled to back wages and other damages.

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

If you believe you have been misclassified as an independent contractor – or if an employer has violated any of your rights as a worker, you can turn to an experienced Los Angeles employment attorney at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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Driver suing Uber in a misclassification case have won a notable victory recently, as a judge has granted them class action status, a Los Angeles employment attorney explains.

Driver suing Uber in a misclassification case have won a notable victory recently, as a judge has granted them class action status, a Los Angeles employment attorney explains.

Drivers suing Uber in federal court recently won a notable victory, as they have been granted class action status by U.S. District Judge Edward Chen (in Douglas O’Connor et al vs. Uber Technologies Inc., Case No. 13-3826).

In the ruling, which was handed down at the beginning of this month in a federal court in San Francisco, Chen agreed that the Uber drivers should be able to collectively sue the company regarding the issue of whether they are independent contractors or employees of the company.

Notably, Chen wrote in his ruling that Uber’s reasoning for pushing back against the class action had an “inherent tension” in that, “on one hand, Uber argues that it has properly classified every single driver as an independent contractor.” Nevertheless, Uber has also stated that its drivers are so unique that the court, “unlike, apparently, Uber itself,” has been unable to issue a determination.

Background on the Worker Misclassification Issue

The issue of worker misclassification has been a hot topic in the U.S. over the past few years, particularly in light of the U.S. Department of Labor’s guidance on the matter issued this past July. In that “Administrator’s Interpretation,” the DOL specifically noted that:

  • “Although independent contracting relationships can be advantageous for workers and businesses, some employees may be intentionally misclassified as a means to cut costs and avoid compliance with labor laws.”
  • Issues like the permanency of the work relationship, the nature of the work and the degree of control a worker has over the job should be considered when determining whether a worker is an independent contractor or an employee.
  • Most workers in the U.S. are employees, not independent contractors.

Potential Implications of Chen’s Ruling

This remarkable ruling could end up meaning that as many as 160,000 Uber drivers in California could join the class action case. It could also end up resulting in:

  • Uber drivers winning their suit and gaining the opportunity to be classified as employees.
  • This, in turn, would result in Uber likely having to provide certain benefits to drivers (such as workers’ compensation coverage and/or healthcare benefits), as well as possibly even having to reimburse drivers for their operating/work-related expenses.
  • A dramatic shift in the business model of the ride sharing industry, which has built its success and profits on the independent contractor model.

Given all that is at stake in light of Chen’s recent ruling, some suspect that Uber will be compelled to try to settle this case before it goes to trial.

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

If you believe you have been misclassified as an independent contractor – or if your employer has violated any of your rights as a California worker, it’s time to contact Los Angeles employment attorney at the Moon and Yang Professional Corporation. We have a strong commitment to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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Days ago, the public comment period for the new proposed rule to update overtime laws in the U.S. closed. As lawmakers review the feedback and focus on taking the next steps, below is an overview of what you should know about this proposed new rule and how it could impact you.

Proposed Changes to Overtime Laws: What You Should Know

1 – The changes are aimed at fully implementing the intended overtime protections of the FLSA.

Did you know that overtime pay laws may soon change? Here’s a look at the proposed updates, a Los Angeles employment attorney explains.

Did you know that overtime pay laws may soon change? Here’s a look at the proposed updates, a Los Angeles employment attorney explains.

In fact, it’s been more than 10 years since this provision of the FLSA has been updated. This has led to the current exemption for the salary threshold being about $23,660 per year (or $455 weekly). This outdated threshold has led to managers, administrative workers and others being exempt from overtime eligibility, despite the fact this exception was not intended for them (and was, instead, intended for highly-compensated executive, HCE, workers).

As President Barack Obama has stated about this issue:

In this country, a hard day’s work deserves a fair day’s pay. That’s at the heart of what it means to be middle class in America… Let’s invest in America’s future. Let’s commit to an economy that rewards hard work, generates rising incomes, and allows everyone to share in the prosperity of a growing America. Let’s reverse harmful cuts to vital programs, and instead make the critical investments we need to grow our economy and strengthen the middle class.

2 – The new rule would up the compensation requirements for exemption.

Specifically, the proposed rule intends to up the “total annual compensation requirement” to the 90th percentile of earnings for full-time salaried workers. This would set the threshold at $122, 148.

3 – The rule also proposes implementing a mechanism for “automatically updating the salary & compensation levels going forward.”

While much about the proposed new rule for overtime pay is remarkable, this may be one of the more important points, as the rule intends to set up a framework for regularly raising the standard salary and HCE “to ensure that they remain meaningful tests for distinguishing between bona fide executive, administrative and professional workers who are not entitled to overtime and overtime-protected white collar workers.”

What do you think about these proposed updates to the FLSA? Post your opinions on our Facebook & Google+ pages.

Contact a Los Angeles Employment Attorney at Moon and Yang Professional Corporation

If you believe your employer has failed to pay you the wages and/or overtime pay you deserve, it’s time to contact an experienced Los Angeles employment attorney at the Moon and Yang Professional Corporation. At Moon & Yang, our lawyers have a strong commitment to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

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