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I Am a Commissioned Salesperson with a Base Salary Guarantee. Do I Qualify for Overtime Pay?

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 8, 2011

In California, a commissioned salesperson who earns more than one-half of his or her compensation from commissions, either by flat fee per sale or as a percentage of each sale, is exempt from overtime.  That is, the employee does not qualify for overtime.  ...

Employees Need to Carefully Provide Enough Medical Info to Employers to Qualify for FMLA Leave.

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 8, 2011

A Ninth Circuit Court decision clarifies that the employee may be fired for unexcused abences from work even if actually having a “serious medical condition” if the employe fails to provide the employer enough information at the time of requesting the...

I’m about to open the monthly Labor & Employment Law “Section Meeting” as 2011 Chair of the Section.

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 8, 2011

The August topic is “Workplace Investigations:  The Gold Standard.”  Anticipating about 100 members to be present. http://www.jobattorney.net “Fighting for the Little Guy”

It is Illegal for an Employer to Use Lay-Offs to Hide Biased Selection of Older Workers for Termination.

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 5, 2011

Yes, an employer is of course free to reduce force, and re-organize operations with new lines of reporting.  It is not legal to prefer younger workers over older ones in deciding who to retain.  Matthews v. Commonwealth Edison Co. (7th Cir. 1997).  See...

“It’s A Small World” Just Got Smaller: No Wheelchair Access or Ride Evacuation for Disabled at Disneyland.

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 4, 2011

Joe Martinez is a quadraplegic who got through the Disneyland turnstile, but that is where the fun ended.  He was not allowed to board “The Pirates of Carribean” because it was not wheelchair accessible.  He was allowed on the “It’s A...

Using Facebook to call your boss a “puta” or that you hope your customers “choke on glass” can get you fired.

by EMPLOYEE RIGHTS EXCLUSIVELY | Aug 3, 2011

Excerpt: “That includes a Walmart worker who referred to his manager as a “puta” — Spanish for “whore” — on the social networking site after a spat over store displays, as well as a frustrated Illinois bartender who took to...
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