Recent Blog Posts

Implied Contracts

Attorney Karl Gerber — Tue, 10 May 2011 04:25:00 GMT

These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel document the employee signed, stating the employee is at-will or there is not a contract of employment there will almost certainly not be an implied or oral contract.

Even if you worked for a small employer without any written policies, you will have to affirmatively show that something happened worthy of the court implying a contract. Implied contracts can exist if the employee is a very long-term employee, or promises of longevity such as retirement are made.

Promises creating an implied contract may also include employees who are promised large sums of money or longevity if they institute a new process, set up a new location, or do something quite large for a company. However, any written language about the employer being at-will most likely will defeat an implied contract. Moreover, in the case of commissions, any written commission agreement is likely to defeat an implied or oral contract for commissions.

No Contract: You Might Still Deserve to be Paid

Attorney Karl Gerber — Tue, 03 May 2011 04:20:00 GMT

The absence of a contract does not preclude recovery under quantum meruit because quantum meruit does not require the existence of a contract. Actions lie in common counts even when the services were rendered under an unenforceable contract.

The recovery for quantum meruit is the reasonable value of the services rendered. A person who has been unjustly enriched at the expense of another is required to make restitution to the other. The law independently imposes restitution and compensation regardless of express contract. Unjust enrichment is a remedy available for benefits one unjustly obtains including through fraud.

One form of common count is a common count for work or labor done and that form of common count is known as quantum meruit. Another form of common count is for fraud and when a common count is based upon fraud, the fraud does not need to be alleged with specificity. Because quantum meruit was recognized as an action at law in 1950, there is a right to jury.

Quantum meruit does not depend on an implied contract, and is not a legal theory rooted in quasi-contract. However, quantum meruit is also appropriate when a plaintiff, working under an express contract, performs additional work, at defendant's request that is not specific in the contract.

Dealing with Unpaid Wages

Attorney Karl Gerber — Tue, 26 Apr 2011 04:10:00 GMT

Employees may estimate the number of hours they worked, and were not paid, if the employer has inadequate payroll records. In every jury trial, the jury is given an instruction on what the law is. If the employer has failed to keep accurate records of the hours that the employee works, or does not bring them to trial, the following jury instruction is read:

State law requires California employers to keep payroll records showing the hours worked by and wages paid to employees. If Defendants have not presented accurate information about the hours worked by the Plaintiff then your decision may be based upon a reasonable estimate of the hours worked, CACI 2703.

Do not be afraid to file a lawsuit for unpaid wages, including overtime, if you or your employer do not have completely accurate records of the times you worked such as through time cards. However, do not exaggerate your claims of hours worked. Contact a Los Angeles unpaid wages lawyer from our firm today to find out if you have a case.

Non-Exempt Workers are Entitled to Uninterrupted Meal Breaks

Attorney Karl Gerber — Tue, 19 Apr 2011 04:07:00 GMT

California Code of Regulations, Title 8 Section 11020(12) requires that employees receive a meal period if they work more than 5 consecutive hours, and the meal period must be at least 30 minutes.

During this meal period, the employee is supposed to be relieved of all duties. California Labor Code Section 226.7 provides that employers may not require their employees to work through meal periods.

California Labor Code Section 226.7 and Title 8 Section 11020(11) require that if the employer fails to provide the employee with a meal period they must pay the employee one hour of pay each time that meal period is not provided. Additionally, California Labor Code Section 512 sets forth schedules and requirements that employees receive meal breaks.

Issues Relating to Overtime

Attorney Karl Gerber — Tue, 12 Apr 2011 03:45:00 GMT

California Labor Code Section 510 specifies that work in excess of 8 hours in a day, or in excess of 40 hours in a week, is to be compensated at an overtime rate. The specified overtime rate is one and a half times the normal rate for all hours between 8 and less than 12 in a day, or hours in excess of 40 in a week presuming not more than 12 hours have been worked in any one day which is double time.

California Labor Code Section 1194 allows an employee to receive the full amount of overtime and double time compensation along with interest, reasonable attorney fees, and costs of suit.

In order to be entitled to overtime, one either must not spend 51% or more of their time supervising two or more full-time employees, or they cannot make more than twice minimum wage on a full-time basis ($16.00 per hour 40 hours a week). Double time is due when one has worked more than 12 hours in a day.

Welcome to our Unpaid Wages Blog

Attorney Karl Gerber — Wed, 23 Mar 2011 04:07:00 GMT

We are pleased to announce the launch of our Unpaid Wages Blog.