Corren & Corren Legal Resources and News

Resources and information provided by the Stockton Attorneys of Corren & Corren, emphasizing Employment, Personal Injury, and Civil Litigation.

CA Labor Commissioner Claims Process & Procedures

filling-out-paperwork

California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claims involve issues such as an employer’s alleged failure to pay legally required wages, meal and rest break requirements, and reimbursement of employment related expense matters.

An employment relationship needs to exist for the Labor Commissioner to have jurisdiction of the claim. Independent contractor claims and/or other purely contractual relationship claims not based in an employment context, are not claims which typically can be adjudicated by the Labor Commissioner. However, employees who claim to have been misclassified as an independent contractor can file a claim with the Labor Commissioner.

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My Boss is a Jerk! But is it Illegal?

boss-yelling

So, your superior at work treats you horribly.  If this is you, I am sure some of the following thoughts have crossed your mind: “Something isn’t right about this.  This seems wrong.  Shouldn’t this be illegal?” 

This article is inspired by the numerous calls we receive regarding this very issue.  The start of the typical call goes something like this: “My boss is harassing and discriminating against me.”  To some callers’ surprise, the question that follows is “Why do you think your boss is harassing or discriminating against you?” This question is extremely important because the answer will determine whether or not the superior’s conduct might be illegal.  While some employees might believe a bad boss, a rude supervisor, or a yelling manager constitutes illegal harassment or discrimination, the reality is that such conduct is usually only illegal if motivated by a limited and specific set of reasons.

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Partition – Legal Options in Real Property Ownership Disputes

Partition – Legal Options in Real Property Ownership Disputes

Whenever real property is owned by two or more individuals (who are not married), the question sometimes presents itself: “I don’t want to own this property anymore, or I don’t want to own this property with a certain individual - What do I do?”

There are a few obvious simple options to try first. Initially, the easiest option is for the property owners to agree to market and sell the property to another individual and divide the proceeds. The property owners may also agree to a buyout, in which one of the owners would purchase another owner’s interest in the property. This option is particularly desirable if one owner wishes to keep the property and is financially able to affect a buyout. A third option is for an owner to sell and/or transfer their interest in the property to another individual. In reality, this option is very unlikely to succeed as individuals rarely are willing to purchase a partial interest in real property and enter into a co-ownership relationship with an unknown individual.

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Wage and Hour Tips

Wage and Hour Tips

Are you being paid correctly? Here are 9 tips for employers and employees. 

1. Minimum wage: Currently, the minimum wage is $9 per hour. On January 1, 2016, the minimum wage will increase to $10 per hour. Employees must be paid at least the minimum wage for all hours worked. 

2. Overtime hours: Typically employees must be paid 1 1/2 times their regular rate of pay for all hours over 8 in a day and over 40 in a week. If an employee's compensation varies (i.e. part commission/part hourly), the regular rate for overtime purposes will be the average of those wages. 

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Do Your Homework Before Meeting With a Lawyer

Do Your Homework Before Meeting With a Lawyer

No matter the type of your potential case, preparing a few items in advance of your meeting with a lawyer is usually very helpful.

1.  Chronology

Write a detailed version of your case story in time order – typically we refer to this as a chronology. Whereas when you telephone an attorney’s office and typically provide a brief summary version of the potential case, the chronology is an opportunity to document all the details.  Don’t just summarize meetings, conversations, etc. – be very specific and detailed in your account of the story and what happened. Because most of us like to read a story from start to finish – usually writing the chronology in time order is preferred

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Recent Comments
Guest — Callie Marie
It is great advice to write out your story in chronological order to help you stay organized. I can only assume that legal proceed... Read More
Tuesday, 29 January 2019 21:43
Guest — Gregory Mitchell
Thanks for great advice.. I am also attorney and Chronology will really help to understood the case in detail.. I would like to sh... Read More
Friday, 17 May 2019 10:44
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What to Do if You Are Involved in a Car Accident

What to Do if You Are Involved in a Car Accident

If you have been in a car accident, these are things you should consider doing:

1.  Seek immediate medical attention if necessary. Your health or the health of others should always take priority over any other accident issues such as insurance, fault, or property damage.

2.  Call 911 or contact law enforcement if necessary. While law enforcement often will not respond to an auto accident unless there is a report of serious physical injury, obviously do not hesitate to call 911 and/or law enforcement if the situation is warranted.

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Guest — Sandra Patterson
Thank you for the comment about how sometimes even small and minor auto accidents need to have an attorney handle the complex part... Read More
Wednesday, 03 July 2019 16:30
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Latest Posts

05 May 2020
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California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claim...
25 March 2020
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The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with expanded family and medical leave for specified reasons related to COVID-19.[1] Th...
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Here are some of the most significant employment law updates in the last year. Minimum WageThe minimum wage for all California employees has increased. For employers with 26 or more employees, it has ...

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