Written on July 2, 2010 by admin
Filed Under: Labor Law
Paul J Napoli, Super Lawyer for Napoli Bern Ripka LLP, has been heading some major cases recently regarding Labor Law. Labor Law comes into play when an employee is injured on the job. Much of labor law cases are consumed with construction accidents. Construction accidents occur due to shoddy equipment, failure to comply with safety standards, as well as many other factors. Labor law becomes an issue especially when safety standards are not complied with an give way to injury of an employee. Many times construction siteâs managers will even bribe inspector so that they pass all of their standards. Paul J Napoli has seen too many cases where inspectors have been bribed so that a site is deemed âsafeâ. However the truth is that construction site is the farthest away from being safe. Another factor that gives way to labor law issues is when construction workers are paid under the table, which do not give them any type of insurance rights. Many times if a construction worker is being paid under the table and gets injured on the job, they are fired because they cannot work. In this case not only is the construction worker injured, but they are also out of work. In these situations the medical bills alone can cause the injured construction worker to be out of their means. Paul J Napoli urges anyone who has been denied his or her rights to contact him so that justice can be reached.For many workers, filing a labor law claim is a hard thing to do because most of the time that person is out of work, injured, and unable to provide for their family. However, Paul J Napoli urges anyone in this situation to step forward because they are helping to give an end to this type of treatment. Labor law issues can pose many threats to both parties; therefore it is in the best interest for both parties that they comply with all of the rules and regulations. Too many times have construction workers been hurt on the job due to shoddy equipment. A prime example of this is the recent summer crane fallings. The fact of the matter is that the crane company bribed investigators so that they could continue to use a crane that could not pass the safety standards. Due to the shady dealings of both the investigator and the crane company numerous people died and massive destruction was done to the upper east side of Manhattan. Hopefully this occurrence scared general contractor companies so that they would not even think of bribing safety inspectors. If you or a loved one has been victim to an act of negligence on behalf of an employer, contact Paul J Napoli and Napoli Bern Ripka LLP. They will be able to assess your case and determine the proper steps needed to take your case to justice. Donât let your employerâs misjudgment affect the way you live your life.
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases. To get information about some famous lawyers like Marc Bern – Marc J. Bern Paul J. Napoli, – Paul Napoli and other Malpractice lawyers visit www.nbrlawfirm.com
Written on July 1, 2010 by admin
Filed Under: Labor Law
California Labor Law comprised of statutes and regulations that govern employers and industries with respect to the labor and working conditions of their employees.Controversial Issues of California Labor LawExempt and Non-exempt EmployeeThe California Industrial Welfare Commission has classified employee into exempt and non-exempt employee.The classification depends on the level of responsibility given to the exempt employee or their status as a professional. Exempt status is not related to the employee’s job title or the salary he or she received.The following are considered exempt employees by the International Welfare Commission:• Licensed professionals – This includes doctors, lawyer, engineers and other professional.• Managers whose principal work is to hire, fire or train and its work is not 50% related with other employee.• Administrator who formulate policies in the business• Outside salespersonA non-exempt employee is subject to all pay rules provided by the International Welfare Commission. It includes payment of overtime pay even if he is receiving a salary.Non-compete agreement in the Employment ContractMany companies, in order to protect their business or trade secrets, provide a non-compete agreement in their employment contract. This refers to a stipulation in the contract, which prohibit employee from engaging similar business from their previous employer.However, unlike any other states a non-compete agreement in the contract is illegal in California. This agreement is construed to include a stipulation, which prohibit a former employee from seeking employment in other companies offering the same service with his former employer.Wrongful TerminationGenerally, in California employment is “at- will”. This means that an employer can terminate the service of the employee with out any reasons as long as it will not amount to violation of another law like the discrimination act.Also in this law, an employee can quit their job for any reason or for no reason at all.However, this law is not without exception. The following are the exceptions provided by law:• Employment agreements, which provide not terminate the employee except for good cause.• Employment agreements, for a specified period• Discrimination in violation of California Fair Employment and Housing ActThis Act provides that even at will employee cannot be terminated if the termination is based on the prohibited characteristics of a person such as age, race, sex and other.• An employee cannot be terminated in retaliation in asserting a right protected by the California Fair Employment and Housing Act.• Termination in violation of public policy• Participation in a protected activity• Constructive discharge. An employer cannot force an employee to resign by creating an inhospitable working environment.Who can be sued in Wrongful Termination?An employee can only sue his or her employer with regard to wrongful termination. FEHA only allows an employee to sue the manager or supervisor after asserting a protected right.Damages RecoverableAn employee in wrongful termination cases can recover the following:• Lost wages and value of benefits• Future lost wages and benefitsIn this case, an employee cannot recover punitive damages and attorneys fee.However, if the reason of the termination is a violation of the Fair Employment and Housing Act the employee can recover emotional distress damages, attorney’s fee and punitive damages. Our labor trial lawyers are competent in handling cases brought about by any form of Labor Law violation. For free legal advice, log on to our website and seek assistance from our legal staff.
Maribel Roncales, once aspired to become one of the member of the elite force in the military before she pursue her law studies. Her exposure in writing starts during her high school days. For now, she is pursuing her dream to become a lawyer while working as a writer in a Los Angles based law firm.