WIN AT WORK MONTHLY
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A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys |
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Win At Work RELEASES THAT AREN’T So you signed a release when you lost your job. You waived all your rights, . . . but maybe you didn’t. A release arising from duress or undue influence is void. Were you forced to sign it before allowed to leave, thinking about it, or knowing your rights? A release is void if given for benefits that are yours anyway, even in part, such as your last paycheck, accrued vacation pay, or continuing insurance rights. For an employer of twenty employees or more to enforce a release of age-related claims, it must be understandable, refer to certain laws, give you something you don’t already deserve, advise you to consult an attorney, and give you at least 21 days (45 days if a group of employees is involved) to decide and seven days after you sign it to revoke your decision. In fact, a release may not only be void but also give you additional claims against your employer. Touché. |
Employee Rights Update WHEN IS A MANAGER NOT A MANAGER? Recently, managers have successfully sued for unpaid overtime. Taco Bell shelled out $9 million to 3,000 managers; Mervyns paid $11.3 million, and Rite Aid paid $25 million. The Gap is in a similar pickle with its managers. Generally, managers are exempt from overtime pay. Under federal law, a person is a manager if they carry that title; but under California law, managers must spend over 50% of their time actually “managing.” If a “manager” in California spends more time working alongside subordinates, doing the same tasks (taking orders, serving food), they can sue for unpaid overtime for the past three years. This can amount to $25,000 - $35,000 per manager. Know what your job duties actually are, and not what your employer calls your job. You may be entitled to overtime, even going back for three years. Know your rights! - Mark J. Keough, Attorney
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Update on our attorneys – Patrick Turner commented on legal issues on OCN recently after a television crew interviewed him at our office. The bill we authored on the right of employees to copy personnel files was vetoed by Governor Davis even though it passed the Senate and the Assembly. We believe he had to “give one” to business for political reasons as he signs other bills for employees. Legislators may reintroduce it in another form next year. | ||||
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Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Sunday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2001 by Don D. Sessions. |
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