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Issues at work? Not receiving regular breaks? Questions about COVID or unemployment? We’re here to help. 

California worker resources & clinics

Legal Aid at Work is a nonprofit legal services organization that has been assisting low-income, working families for more than 100 years.  They use four main strategies to enforce and strengthen workers’ rights:

  • Free clinics and helplines
  • Free legal info
  • Litigation
  • Policy Advocacy

In this webinar, GEKLAW Senior Attorney Amy Leung will discuss California’s Workers’ Compensation system and workers’ rights if they contract COVID-19 on the job. Learn about the burden of proof, the timelines involved, and how an attorney can help you secure Workers’ Compensation benefits.

EMPLOYMENT LAW ATTORNEYS

For over 30 years, the law firm of Gordon Edelstein has established itself as a recognized leader in Workers’ Compensation and Personal Injury.

We understand the need to protect and enhance the quality of life for members of our communities and work tirelessly to maintain and advance the legal rights of those we represent.

GEKLAW firm has gone remote. It is fully operational at this time. The Safe at Home/Shelter at Home Order may have changed the way we work, but we are still here to service our clients’ and prospective clients’ needs as best we can at this time. Any questions, call the main line 213-739-7000 or email info@geklaw.com.

CHIT-CHAT with Manuel and Jorge

Tune in for our weekly Facebook live streams with our organizers Manuel and Jorge inviting workers rights experts and law professionals to discuss the latest news happening for Los Angeles workers. We cover unemployment, closures, COVID-19 safety, FAQ’s, resources, advice and more. 

Mental Health Resources

Know Your Rights

As one the nation’s largest & fastest growing industries, the restaurant industry is rampant with wage theft, sexual harassment, and discrimination. Fortunately, people are sticking up for themselves and fighting back like never before. In 2019 alone, over 72,000 charges were filed with the EEOC over harassment & discrimination.  And the Department of Labor has received over 33,000 wage & hour complaints since 2015. It’s on us to hold employers accountable and bring justice to our workplaces. Learn more about your rights today!

No Longer On the Menu: Harassment
Chili’s to Pay $150,000 to Settle Sexual Harassment and Retaliation Lawsuit
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Panera Stealing the Bread
Panera to Pay $4.6M to Assistant Managers Lawsuit for Overtime Wages.
Read More
Superstar Wage Theft
Burma Superstar workers awarded $1.3 million in class-action settlement.
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Federal Law Wage & Hour FAQ

No, it is prohibited under the Fair Labor Standards Act.

Yes, however many states have different formulas for calculating overtime compensation, so check our state law pages to learn more about your specific state.

If you live in a state where you earn a sub-minimum wage (below the minimum wage), federal law calculates overtime as the following:

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage (for example, $7.25 per hour) by 1½ (1.5), subtract the tip credit (for example, if you are paid $2.13 per hour, you would subtract $2.13 from $7.25, giving you $5.12 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Here is the example of the formula: 7.25 x 1.5 – (7.25 – 2.13) = overtime wage.

The employer is required to make up the difference if the tips + wages earned by the end of the work week do not reach the minimum wage. Some states have higher thresholds. Click on the state labor law link below to learn more about your state.

No, it is prohibited under the Fair Labor Standards Act.

Again, no, it is prohibited under the Fair Labor Standards Act.

There is not a federal law prohibiting this shady practice provided they are not taking more than the cost of the transaction fee. Some states have banned the practice. Click on the state labor laws link below to learn more about your specific state.

The National Labor Relations Board protects the rights of employees to engage in “concerted activity”,  which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.  A single employee may also engage in protected concerted activity if they are acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.

A few examples of protected concerted activities are:

  • Two or more employees addressing their employer about improving their pay.
  • Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.
  • An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

Even if you are not represented by a union, federal law gives you the right to band together with coworkers to improve your lives at work – including joining together in cyberspace, such as on Facebook.

Using social media can be a form of “protected concerted” activity. You have the right to address work-related issues and share information about pay, benefits, and working conditions with coworkers on Facebook, YouTube, and other social media. But just individually griping about some aspect of work is not “concerted activity”: what you say must have some relation to group action, or seek to initiate, induce, or prepare for group action, or bring a group complaint to the attention of management.

Looking To Take Action?

Is the boss foolishly breaking the law? It’s time to take action. Fill out our legal intake form and one of our organizers will be in touch as quickly as possible.