Discrimination in the workplace should never be tolerated. The Bainer Law Firm is dedicated to fighting this behavior, whether it be in the form of wrongful termination, harassment, or other types of discriminatory behavior based on an employee's race, gender, age, religion, sexual orientation,disability or national origin. If you have been a victim of any of these practices, our firm is happy to provide you a confidential consultation to explain your rights and how we can help achieve the justice you deserve.
Many employers in the tech, retail or high-end sales industries pay their employees through partial of full commission arrangements. Too often, employees are not ultimately paid the commissions they have rightfully earned. These withheld commissions can occur even where the employee has a formal commission agreement or contract, especially where those agreements were drafted exclusively by the employer and purport to provide the company the unilateral right to change its terms at any time. Fortunately, the law provides protections for employees to ensure their right to recover the commissions they have fairly earned.
Employee wage theft is a well documented rising problem. Employers utilize all sorts of tactics to deny their employees the wages they are owed, some as brazen as simply refusing to pay employees the legally required minimum wage, refusing to properly pay overtime or forcing employees to clock out and work without compensation. Others use more subtle tactics, like requiring employees to submit to uncompensated "security checks" or requiring employees to perform work from home. Our firm has successfully challenged all of these practices and forced them to pay their employees what they are owed.
The IRS recently reported that "the misclassification of employees as independent contractors is a nationwide problem affecting millions of workers that continues to grow." Employees improperly classified as independent contractors are deprived of their legal rights and benefits, often including higher wages and overtime, legally required breaks (and compensation for missing them) and reimbursement for their work expenses. The Bainer Law Firm is challenging this growing problem for fighting for these employees to recover the compensation they arr due.
Meal and Rest breaks
California, like many other states, has laws requiring specific minimum times and frequencies that employees must be allowed both meal and rest breaks. The exceptions to these rules are incredibly narrow and rarely apply. Yet, employers regularly require their employees to postpone, cut short or completely skip their breaks in order to meet their job requirements and increase their employers profits. The counsel with The Bainer Law Firm has helped successfully recover some of the largest unpaid break verdicts in the state's history.
State laws, including those in California, require that employees be reimbursed for their employment-related expenses. In fact, in California, the law actually precludes employers from imposing contracts on their employees forcing them to waive this right. These rights require employers to reimburse for anything from use of an employees' own car, to the purchases of supplies to use on the job to even requiring employees to purchase their own uniforms. Many employees aren't aware of their rights to these reimbursements. If you've experienced any expenses you were not reimbursed for, we can help you get your money back.