California Employment Law Ramifications of Class Action Lawsuits in 2012

Friday, August 10, 2012
Numerous changes to California employment laws have developed over the past year. Employers determined to steer clear of possible legal action must familiarize themselves with the new legislation and take necessary steps regarding the amendments emerging as a result of consequential class action lawsuits. Interestingly, two decisive lawsuits that are playing a role in amending California employment laws are both related to the issue of employee meal and rest breaks.Denied Meal and Rest PeriodsA decision by the California Supreme Court in 2011 ruled in favor of a class action lawsuits filed by dozens of employees. The employees claimed that they were denied both meal and rest breaks by their employer and requested a change in premium pay policy. Until now, the labor board in California required employers to pay one hour of premium pay per day, regardless of the number of meal and rest periods missed.

The Supreme Court ruled in favor of the employees who called for entitlement of two hours of premium pay for missing both one meal and one rest period.In light of this verdict, employers must ensure that their employees are provided with adequate breaks for both meals and rest. Employers must afford nonexempt employees with a 10-minute paid rest break for every 4 hours of work.Enforce or Provide Meal and Rest Periods?Employers are waiting for a verdict in a drawn out class action lawsuit which is scheduled to conclude this spring. The central issue to be resolved is whether or not employers are required to *enforce*, or merely *provide*, the opportunity for meal and rest breaks for employees. The case has been combined with a collection of other cases pertaining to related issues, such as the timing of rest periods. Can employers be flexible in the timing of rest breaks, or are they obligated to specifically provide rest periods during the middle of each work shift?For large employers, or those currently facing similar class action lawsuits, the outcome of this class action is particularly pertinent as an unfavorable ruling will create logistical challenges that will require them to reassess their current lunch and break period schedule.

In the interim, employers are recommended to proceed cautiously and ensure that employees are availing themselves of meal and rest breaks and that meal and rest periods are generally granted in the middle of the shift. Policies of this nature will prevent difficulties in the case of an unfavorable ruling for employers.The are just two major cases affecting California labor law in 2012. There are dozens more, both pending and decided, so California employers are strongly advised to familiarize themselves with them, or to contact a professional human resources consulting or employment firm for assistance.

Information On Bankruptcy Law Truths And Myths

Tuesday, July 24, 2012
If you're considering contacting a bankruptcy lawyer regarding your financial situation, you've likely heard a lot of incorrect information on bankruptcy law. These laws can be complicated and confusing so if you have questions regarding your specific situation, it's best to contact an attorney for bankruptcy. However, here are some common myths -- and the truth behind them.Myth: Filing Will Ruin Your CreditOne of the biggest pieces of incorrect information on bankruptcy law is that your credit will be ruined for up to 10 years if you file. While it's true that it can take up to 10 years for a filing to be discharged from your credit report, that doesn't mean that you'll be unable to get a loan. Some people find that their credit score can be as high as 700 within just a few short years.

This means that you can qualify for a low interest rate on a car or mortgage not long after filing, as long as you're careful with credit.Myth: You'll Lose Your Home Or CarIf you've contacted an attorney for help, one of the first questions you probably had was 'Will I lose my home or car?' The answer is, it depends. Your bankruptcy lawyer can help you determine which type is best to file, depending on what assets you have and what you'd like to keep. However, you don't have to lose your home or your car, so don't let that myth stop you from meeting with an attorney for bankruptcy.Myth: Married People Must Request Debt Protection TogetherAnother myth is that one person in a married couple is unable to file by himself or herself. It is true that the courts will sometimes want to see a spouse's income to ensure that the spouse isn't extremely wealthy, it often doesn't impact the ruling. While many couples choose to file together, a qualified bankruptcy lawyer will be able to tell you whether you can leave your spouse out of the process.Myth: Only Irresponsible People FileLawyers would love to get this myth corrected. One of the biggest reasons that people file for protection isn't that they've had too much fun with a credit card! High medical bills (even for people who have insurance), job loss, acts of nature such as tornadoes, hurricanes and fires and other financial hardships have led many people to seek protection.Myth: You Can Only Request Debt Protection OnceThe truth is that there are restrictions as to how often you can request protection from your debts, but it is possible to file more than once.

These regulations can be confusing, which is why it's important to contact a lawyer for assistance.Don't let these myths keep you from filing for protection if you need it. If you're not sure whether filing is the right decision for you, consider calling a lawyer for help. He or she will be able to take a look at your situation and help you dispel any other myths.