The Law Office of Peter Shahriari

FREE CONSULTATION WITH A LABOR AND EMPLOYMENT LAWYER NOW

(310) 557-2222

LABOR AND EMPLOYMENT LAW FIRM  

The Law Office of Peter Shahriari offers individual and business clients experience in successfully representing large institutions in sophisticated labor and employment cases. Peter Shahriari has experience in representing well-known public officials and administrators dealing with serious labor and employment claims. Mr. Shahriari is UCLA trained and has worked on cases involving highly publicized matters with large monetary damage amounts claimed.

Our law firm is committed to helping our clients get results.

OUR LAW FIRM CAN HELP YOU

Employers are required to comply with a large number of laws when paying their employees.  Many times, they break the law. There are rules governing overtime, penalties for delays in paying employees, requirements to provide a “pay stub” when paying wages, and many other aspects of pay. Many employers misclassify their employees as “salary” employees to avoid paying overtime. Many employers misclassify their workers as “independent contractors” to avoid paying taxes and hourly wages. If an employer is found to have violated labor laws, they may be required to pay back the employee for up to 4 years of back pay, plus waiting time penalties and interest. Our law firm can help fight for employees to get their unpaid wages, overtime and other compensation. Do not wait. Call now for a free and confidential consultation with a skilled lawyer.

Types of Cases We Handle:

• Unpaid Overtime (OT)
• Whistleblower
• Unpaid Wages
• Misclassification of Salary Employee
• Misclassification of Independent Contractor
• Non-Exempt Workers
• Illegal Wage Deductions
• Wage Miscalculations
• Reimbursements for Job Related Expenses
• Inaccurate Wage Statements
• Minimum Wage Violations
• Denial of Meal & Rest Breaks
• Retaliation
• Inaccurate Timekeeping
• Unpaid Commissions
• Working “off the clock”
• Sexual Harassment

 

CAN MY BOSS DO THAT ? (Frequently Asked Questions)

Question:  Is there anything I can do if my boss owes me money?

Answer:  Yes. A worker may have legal claims which may be brought against the employer before the Office of the Labor Commissioner for the Division of Labor Standards Enforcement. Also, the employee may sue the employer in civil court. Our law firm can help you do this.

Question:  Whistleblower - I know my employer is doing something illegal. What should I do?

Answer: If you know that your employer is defrauding the government or cheating people in violation of the law, you should act quickly. Do not wait. Federal and California laws protect employees from retaliation when they report illegal conduct by their employer, such as the California Whistleblower Protection Act (CA WPA), California False Claims Act (CA FCA), Federal False Claims Act, Sarbanes-Oxley Act (SOX), and the Dodd-Frank Act (DFA). Some whistleblower laws (Qui Tam claims) allow individuals to sue on behalf of the government and receive large financial rewards for reporting the fraud or illegal conduct.  Some areas where illegal conduct is found: Medicare Fraud, Tax Fraud, Financial Services, and Construction Fraud.  Reporting illegal activity may also be the “right thing to do” because you might prevent harm to consumers and taxpayers. 
 
It may be in your best interest to act quickly because some laws have rules which may prohibit individuals from suing if they wait too long. Your privacy is important to us. Our law firm will be discreet. We can provide you a confidential consultation to determine if we can help you. 

Question:  I do a lot of work “off-the-clock”. Can I get paid for this “extra work" ?

Answer:  Off-the-clock work may include duties performed by the worker before or after their work/shift period. Some employers require their workers to do “off-the-clock” work which they are not paid for. If the employer controls the employee’s time and activities, then they may be required to compensate the employee for that time, even though they have not actually “clocked in”. Employees may be entitled to be paid for their time reporting to work (known as “reporting time pay“) or for time spent performing duties after their shift has ended. Our law firm can help you determine if you are owed wages for the “extra work” being done before or after your work shift.

Question:  My employer pays me a salary, but I think I need to be paid hourly. Can I do anything?

Answer:  Some employers take advantage of their workers by paying them a salary instead of hourly wages. They classify these workers in a way so as to “exempt” them from normal wage laws like overtime and required meal/rest breaks. Our law firm can help determine if the employees have been “misclassified”, entitling them to higher pay and back wages for work they did as a salary employee.

Question: How do I know if I am an independent contractor or an employee?

Answer:  There is no set definition of an independent contractor. Courts and enforcement agencies look at the type of duties performed by the worker and the nature of the working relationship with the employer to determine if the worker is an independent contractor or actually an employee. Simply calling a worker an “independent contractor” is not enough. Many employers intentionally misclassify their workers as independent contractors to avoid paying minimum wages, overtime and reimbursement of job related expenses.  If you believe that your boss has misclassified you as an independent contractor, call our office now so that we can help you determine if you have been misclassified.

Question: My employer calls me an “independent contractor,” but I think I should be an "employee" instead. Is there anything I can do?

Answer:  Yes. Do not be fooled by titles and unenforceable independent contractor agreements. The nature of the work done for the employer determines whether a worker is an independent contractor, not the title given by the boss. Our law firm can help you determine if you have been misclassified as an “independent contractor” when you are actually an employee. If you have been misclassified as an independent contractor, you might be entitled to back wages, overtime, meal/rest break compensation, reimbursement for job expenses, and waiting time penalties.

Question: Do wage laws apply to undocumented immigrants?

Answer: Yes. All California workers - even if they are not legally allowed to work in the United States - are protected by state laws governing wages and work conditions.

Question: I have job related expenses. Does my boss have to pay me back for those expenses?

Answer: An employer is required to pay back (or reimburse) to the employee all expenses or losses taken as a direct result of performing the work duties pursuant to Labor Code Section 2802. Many employers will force the worker to pay for equipment, materials or services to use at work, but they fail to pay the employee back for those expenses. Some bosses require their workers to buy a laptop, buy insurance, purchase a car to do their job, or use their own gas but never pay this money back to the worker. Other employers may simply misclassify their employees as independent contractors and then deprive the worker of reimbursement altogether.  Our firm can help you determine if you are owed money by your boss for incurring job related expenses.

IMPORTANT AREAS OF LABOR AND EMPLOYMENT LAW

Overtime - Time and a Half and Double Rate Pay

California law requires that nonexempt employees be paid overtime at one and one-half times the employee’s regular rate of pay for time worked in excess of 8 hours in any workday (including up to 12 hours for that day), or 40 hours in the work week. An employee is also entitled to time and a half for the first eight hours of work if they have to work on the seventh consecutive day. An employee is entitled to double the rate of pay for hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight hours on the seventh day of consecutive work in a given workweek.

Whistleblowers

State and Federal laws protect employees from retaliation (including wrongful termination) for reporting fraud and other serious violations of law. Whistleblower laws protect the employee from reporting illegal activity in areas which may include:

Medicare Fraud

Conduct Causing Significant Danger to Public Health/Safety

Tax Fraud

Abuse of Authority

Whistleblowers should act quickly to preserve their rights and to protect their interests. Whistleblowers often report illegal activity in such industries as: medical industry, financial services industry, defense industry, construction industry and pharmaceutical industry. Some whistleblower laws (Qui Tam claims) allow individuals to sue on behalf of the government and receive large financial rewards for reporting the fraud or illegal conduct.

How Can We Help The Whistleblower?

We Can Give You:

Confidential Consultation

Evaluation of Your Claims

Consultation Regarding How To Protect Yourself From Retaliation

Misclassification- Salary Employee

Some employers try to avoid paying their employees hourly rates and overtime by simply misclassifying them as salary employees. However, an employee might be entitled to overtime pay even if they are paid a salary. Employers may also try to avoid paying hourly wages and overtime to employees simply by giving them the title of manager or supervisor. They may also give the employee extra work or added responsibility to avoid paying overtime. Employers often try to misclassify their employees as managers or supervisors to make them exempt from minimum wage and overtime laws. This attempt to make exempt the employee from hourly pay and overtime by simply changing their job title may be in violation of California labor laws. The title of the employee or that they are paid a salary rather than hourly wages is not as important as the type or nature of work they do for the employer. Some exempt duties might include work that is administrative, executive, or professional in nature. Employees who exercise independent judgment and are allowed to make business decisions might be exempt.

A skilled attorney can help you determine if in fact you are owed hourly wages for your work, or if you are exempt. You may be owed overtime as well, despite being paid by a salary. An employee who has been misclassified may be legally entitled to recovery their unpaid hourly wages, including overtime, and they may also recover waiting time penalties and interest for the wages owed to them. The denial of your overtime wages may be in violation of the U.S. Fair Labor Standards Act of 1938 (FLSA). Our law firm can help determine if the employee has been misclassified by their employer and are entitled to hourly and overtime pay.

Misclassification - Independent Contractor

Misclassification of an employee as an independent contractor is a common labor law violation. Employers often misclassify their employees as independent contractors to save money. An independent contractor may be a worker who is not an employee. Although employees generally have less freedom in their work than independent contractors, the employer may also have more responsibilities they owe the employees compared to independent contractors. Some employers will require their workers to perform the same duties as “employees", but they simply call them independent contractor to avoid paying for minimum wages, overtime, payroll taxes and social security. They might also misclassify their workers as independent contractors to avoid buying workers’ compensation, disability, and unemployment insurance and to avoid giving the workers benefits which employees are entitled to such as meal and rest breaks.

Simply calling an employee an independent contractor is not enough to legally classify them as an independent contractor. An employer is not allowed to change the status of an employee to an independent contractor simply by issuing the worker an IRS 1099 tax form rather than a W-2. Many employers try to trick their employees by having them sign a contract which explicitly says that they are not employees, but rather independent contractors. California law requires that the nature of the workers duties be examined when determining if the worker is in fact an independent contractor or not. Job titles alone are not enough to classify the worker an independent contractor.

There are many government agencies which provide rules for classifying and treatment of independent contractors. These agencies may include: the Employment Development Department (EDD), which deals with employment taxes, and the Division of Labor Standards Enforcement (DLSE), which provides rules regarding wage, hour and workers' compensation insurance, the Franchise Tax Board (FTB), the Division of Workers' Compensation (DWC), and the Contractors State Licensing Board (CSLB).

Pursuant to the Business and Professions Code Section 7000 et seq. and the Labor Code Section 2750.5, if the worker needs a license to perform the work, then there is a presumption that the worker is an employee, not an independent contractor.

If a worker is treated as an independent contractor, but is later determined to be an employee according to labor laws,  there may be significant liabilities and penalties for the employer. Our law firm can help misclassified employees determine if they are entitled to additional wages, overtime, waiting time penalties and interest for the time they worked.

“Off-the-Clock” Work

Off-the-clock work may include duties performed by the worker before or after their designated work/shift period. Some employers require their workers to perform “off-the-clock” work which they are not paid for. If the employer controls the employee’s time and activities, then they may be required to compensate the employee for that time, even though they have not actually “clocked in”. Employees may be entitled to be paid for their time reporting to work (known as “reporting time pay“) or for time spent performing duties before and after their shift has ended. For example, some employees may be required to write reports or collect equipment after their shift, but then are not paid for the time they spend performing this off-the-clock work.

Illegal Paycheck Deductions

Employers are allowed to deduct money from an employee’s paycheck, however there are some types of deductions which are not legal. The right of an employer to deduct money from an employee's wages because of a cash shortage, breakage, or loss of equipment is regulated by the Industrial Welfare Commission Orders and is limited by court cases. Many recent court cases have limited the right of employers to take deductions out of an employee paycheck.

Tips - An employer cannot deduct tips or gratuities left for an employee by a customer pursuant to Labor Code Section 351. Restaurants may have a policy for tip pooling/sharing for certain employees however.

Uniforms - An employer must pay for the cost of a uniform if they require the worker to wear one during work.

Photograph - The employer must pay for the cost of a photograph when required for the worker or job applicant pursuant to Labor Code Section 401.

Medical or Physical Examination - There are limitations imposed on deductions from an employee’s paycheck for medical or physical examinations which are required for the job, especially where those medical or physical examinations are required by law. 

Failure to Reimburse Job Related Expenses

An employer is required to pay back (or reimburse) to the employee all expenses or losses taken as a direct result of performing the work duties pursuant to Labor Code Section 2802. Many employers will force the worker to pay for equipment or services, but then fail to pay the employee back. Some bosses require their workers to buy a laptop, buy insurance or purchase a car to do their job, but never pay this money back to the worker. Other employers may simply misclassify their employees as independent contractors and then deprive the worker of reimbursement altogether. 

Meal and Rest Breaks

Labor Code Section 512 requires employers to give employees at least 30 minutes for lunch when the work period is more than five hours. The employee must be free from all work duty during this time and must be allowed to leave the work area, otherwise it will be considered an “on duty" meal. On duty meals must be counted in the hours worked. On duty meal periods might be allowed under circumstances where it would be impractical for the employee to be relieved of duty and where the employee and employer agree in writing.

In California, the Industrial Welfare Commission Wage Orders require employers to give nonexempt employees a rest break. A rest period is not required for employees whose total daily work time is less than three and one-half hours. There are exceptions to this requirement for certain jobs. Some employees get more rest breaks (where the job is physically strenuous) and some have their rest breaks limited because of the nature of the job. There are also special rules for lactating mothers who need rest breaks to breast feed their children. 

If an employer illegally fails to give the nonexempt employee their rest breaks, then the employer must pay the employee an additional hour of pay for each workday that they were denied the rest break pursuant to Labor Code Section 226.7. This amount of hourly pay can add up for nonexempt employees who are routinely denied lunch and rest breaks.

Waiting Time Penalty

California laws impose a penalty on employers who willfully force their employees to wait before getting their wages when the employment relationship ends. Labor Code Section 203 provides for a waiting time penalty against an employer who purposefully withholds wages owed to employee under certain circumstances. Employers may be penalized when they know that they owe the wages, can control payment of the wages and yet fail to act as required by law. Disputed wages might not be subject to the waiting time penalty.

The amount of penalty depends on the employee’s daily rate of pay. The daily wage is multiplied by the number of days that the employee was not paid, up to a maximum of 30 calendar days, including weekends and holidays.

Sexual Harassment

There are two basic types of sexual harassment:

1) Sexual harassment that results in an employment action. For example, a boss or supervisor pressuring an employee to engage in sexual behavior is sexual harassment. This is often called "quid pro quo" or "this for that" sexual harassment. A boss or supervisor may be liable for this type of harassment.

2) Certain conduct may also create a gender-based "hostile environment" by supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee must work. These types behavior can create liability if they are based on the affected employee's gender and are severe or pervasive. Such behavior may include:

• Discussing sexual activities
• Telling off-color jokes
• Unnecessary touching
• Commenting of physical attributes
• Using demeaning or inappropriate terms, such as "Honey"
• Sabotaging the victim's work
• Using crude and offensive language

"Sexual harassment" can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature. Harassment may also include offensive comments about a person's gender, or sex in general. The harasser can be the victim's supervisor, a co-worker, or someone who is not even an employee of the employer, such as a client or customer.

Retaliation

Punishing an employee with an adverse employment action (such as demotion, termination, or poor performance evaluation) for making a report of sexual harassment, or filing a grievance, or for helping someone else with a complaint is “retaliation”, a separate unlawful activity.

WHY CHOOSE OUR LAW FIRM?

Our firm policy is to provide aggressive and thorough representation to our clients. Some firms may ask you to fill out an online question form, then simply not respond to you. Other firms might ignore your calls or be “too busy” to give your matter the attention it needs. We will respond to you fast and will give your matter personalized attention.

We are committed to getting our clients results.

FIRM FEATURES

•  Aggressive
•  Personalized Attention
•  Courteous Staff 
•  Careful Case Preparation
•  Fast Response

WE HAVE KNOWLEDGE OF DIVERSE INDUSTRIES AND PROFESSIONS

 
Peter Shahriari has experience in successfully representing employment clients in a wide range of industries and professions:

 

• Hospitals
• Nurses
• Fire Department
• Attorneys
• Administrators/Managers
• Doctors
• Government Entities

CALL US NOW FOR A FREE CONSULTATION

Do not wait. Your case might need the immediate attention of an experienced lawyer. We will respond quickly and get help to you fast.

California labor and employment law is perpetually changing. Our office can help you interpret the laws and how they may apply to your particular situation.

Call our office in Century City at (310) 557-2222 for a confidential and free consultation with a lawyer.

PETER SHAHRIARI
ATTORNEY AT LAW

The Law Office of Peter Shahriari
1901 Avenue Of The Stars
Suite 200
Los Angeles, California 90067
Tel: (310) 557-2222
Fax: (310) 557-2220

The Law Office of Peter Shahriari will aggressively represent clients in all Southern California courts in these courthouses and cities:

Los Angeles County: Agoura Hills, Altadena, Alhambra, Antelope Valley, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Brentwood, Buena Park, Burbank, Calabasas, Camarillo, Carlsbad, Canoga Park, Carson, Catalina Island, Century City, Cerritos, Chatsworth, Claremont, Coachella, Colton, Commerce, Compton, Corona, Costa Mesa, Covina, Cudahy, Culver City, Cypress, Dana Point, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Eastlake, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada-Flintridge, La Habra Heights, La Mirada, La Puente, Lakeview Terrace, Lakewood, Lawndale, Lomita, Lancaster, Los Angeles, LAX Airport, Long Beach, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Montebello, Monterey Park, Newhall, Northridge, Norwalk, North Hills, North Hollywood, Pacoima, Palos Verdes Peninsula, Paramount, Palmdale, Panorama City, Pasadena, Pico Rivera, Pomona, Redondo Beach, Reseda, Rolling Hills, Rosemead, San Dimas, San Fernando, San Fernando Valley, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Sherman Oaks, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Studio City, Sun Valley, Sylmar, Tarzana, Temple City, Toluca Lake, Torrance, Universal City, Valencia, Valley Village, Van Nuys, Vernon, Venice, Walnut, West Covina, West Hills, West Hollywood, West Los Angeles, Westchester, Westlake Village, Whittier, Winnetka, Woodland Hills.

Orange County: Anaheim, Anaheim Hills, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda.

San Bernardino County: Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Loma Linda, Lucerne Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Victorville, Wrightwood, Yucaipa, Yucca Valley.

Riverside County: Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula.

Ventura County, California: Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, Ventura, Westlake Village.

　

THE LAW OFFICE OF PETER SHAHRIARI

1901 Avenue Of The Stars
Suite 200
Los Angeles, California 90067
Tel: (310) 557-2222
Fax: (310) 557-2220