Employment and Personal Injury Attorney John Furstenthal

Employment & Personal Injury Lawyer

John Furstenthal has become an expert in employment law. He has also handled numerous cases involving injuries, housing discrimination, medical malpractice, contract disputes, and FELA/railroad cases. He handles all phases of the case to ensure the best possible outcome. 

John Furstenthal can handle cases anywhere in California, in state or federal court. Contact the Furstenthal Law Office to schedule a free consultation.

Employment Law: Exceptions of Overtime Pay

Last time I discussed overtime pay and breaks. There are some exceptions to these rules, when an employee is not entitled to overtime pay and need not be provided with breaks.

“White collar employees” are exempt from these rules. This employee must meet both of the following criteria:

1. The salary basis test:

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Summary of Overtime Pay and Breaks for California Employees

In California, an employer must pay employees overtime for any hours worked over eight hours in a day or 40 hours in a week. That pay must be time and a half. When more than 12 hours are worked in a day, that time is double dime. For example, if an employee works for 13 hours at $10/hour, s/he must be paid $10/hour for the first eight hours, then $15/hour for the next four hours, then $20/hour for the last hour.

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Statutes of Limitations When Suing the Government

There are time limits, or "statutes of limitations," for bringing a law suit. They are different depending on the basis for bringing a law suit (like breach of contract, employment matters, medical malpractice, car crash, etc.).

To complicate matters, there are usually shortened time limits to bring a lawsuit against the government. Most commonly, in California you must sue the government within six months of the wrong you are suing about.

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Covenants not to compete

In California, unlike many states, a contract clause or term (or “covenant”) that requires an employee not work in a way that competes with a prior employer is unenforceable or illegal. So if an employee works at Coca Cola, he can leave and go work for Pepsi, even if there is a contract signed by the employee saying that he will not leave and go work for a competitor.
There are some exceptions. The former Coke employee cannot provide Pepsi with confidential information or trade secrets. Also, there are some very narrow exceptions regarding the sale of a corporation that don’t apply to the vast majority of employees.

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Welcome to our New Employment & Personal Injury Law Blog

Welcome to our new employment and personal injury law blog! Check back soon.

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