December 2000

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work WORKERS’ COMPENSATION AND MORE Workers’ Compensation for workplace injuries helps both the employee and employer. The injured employee gets prompt payment for lost wages and individual bills regardless of who caused the injury. The employer is even required to carry insurance to guarantee the payment. The employer also can’t retaliate by disciplining or firing you for filing a Workers’ Compensation claim. On the other hand, your employer gains because Workers’ Compensation is supposed to be your only method for seeking compensation if you’re injured, avoiding a high‑risk lawsuit. The amount paid out is also very limited. In recent years, however, the exclusive nature of Workers’ Compensation has not consistently been upheld by the courts. They have ruled that an employee physically injured as a result of discrimination or possibly other illegal practices may also sue for damages in court. Injured employees should evaluate not just their Workers’ Compensation rights, but all other rights as well.		Employee Rights Update MINIMUM WAGES ARE RISING The California Industrial Wage Commission has approved a $1 increase in the state minimum wage to be phased in over the next two years. The state minimum wage will increase from the current $5.75 per hour to $6.25 per hour on January 1, 2001, and then to $6.75 effective January 1, 2002. These increases keep California’s minimum wage rates ahead of federal levels. Presently, the federal minimum wage is $5.15 per hour, though Congress is considering a hike to $6.15 per hour. With minimum wages on the rise, it is even more important to watch out for employer abuse of overtime rules. Every California workplace must have an appropriate Wage Order posted where employees can read it and learn about their rights to overtime pay. If you think your rights have been violated, consult with an attorney or file a claim with the State Labor Commissioner’s office. By Sharon J. Ormond Attorney at Law
		Update on our attorneys - Sharon J. Ormond and Michele J. Morgan were elected to the Board of Directors of the Orange County Women Lawyers Association for a term of one year each in 2001. Joseph Powell, a well-respected workers’ compensation attorney, now has a branch office on our premises, which will help us provide even broader employee rights services.
Look for our answers to employees’ questions in the "Shop Talk" column of the Times’ Sunday Business Section or the Register’s "Business Monday" Section. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information, 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. ©2000 by Don D. Sessions.