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Our Philosophy

Immigrants are the backbone of America, and come to find success for themselves and those they love. In doing so, they make our country stronger and better. Immigrants have found many ways to succeed, including starting their own businesses and developing promising careers through hard work and dedication.

Disputes at work primarily occur because of an ignorance of the law or not appreciating the exposure that is caused by not complying with federal and state laws that regulate the workplace. These disputes can restrict the ability of the employer and the employee to be successful. While we see case after case of worker exploitation, many cases occur because an employer simply did not know any better.

We at Justice at Work Law Group seek to work proactively with small businesses to prevent such disputes from occurring. We also help to resolve these disputes with employees and their representatives when mistakes have been made. Justice at Work Law Group also seeks to stand by and stand up for workers who are being taken advantage of and need legal assistance.

Our approach to representing owners is simple. There is no secret formula or way to game the legal system. If you have been sued, you need an advocate that can aggressively resolve the problem. You also need someone on your side that will not expose you to exaggerated, bogus or claims that overreach. At the same time, we will not sugar coat your problems. We will seek to resolve your problem in a cost effective manner. We will not let you get pushed around and will vigorously defend you. We represent employers in hourly pay arrangements.

Our approach to representing workers is simple. We work for you. We are hired to resolve your case and not to teach anyone a lesson. Justice is not retribution. We will determine the issues in your case, its value, and stand by your side and fight until you are offered a fair settlement. If not, we will fight for your rights through trial.

We represent workers in contingency matters. If you do not prevail, we will not charge you any moneys for our fees or costs invested.

our advocates

Tomas E. Margain, esq

Abogado de empleo

Huy tran, esq

luật sư

Betty Duong ESQ

LUẬT SƯ

employment laws

Wage and
Hour Laws

Wages are heavily regulated by law. Make sure you are paid correctly or that you are paying your workers correctly.


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Overtime
with Salaries

Not everyone can be paid with a fixed salary. Paying by the hour is the default for paying people. Any other method must be justified.

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Off The
Clock Work

There is no such thing as volunteer work for a business. Workers must be paid or get academic credit. This applies to interns as well.

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Independent
Contractor

Do not fall into this trap. An employee is not a separate business, and cannot be paid like a separate business.


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All Immigrants
have rights

Your immigration status is simply not relevant in a case involving the non-payment of wages and penalties. California law protects you. Federal law has also echoed the protection afforded workers regardless of their immigration status to basic worker protection laws, including penalties, when one is not paid correctly.

California also recently passed laws that protect immigrant workers.

First, on October 11, 2013, Governor Brown signed AB 263 creating momentous protections for immigrant workers against employer retaliation. The bill expands existing law by prohibiting employer retaliation against workers who come forward to enforce their rights under California’s labor laws, or otherwise engage in protected conduct. The law took effect on January 1, 2014.

AB 263 protects workers who complain either orally or in writing about unpaid wages against employer retaliation and entitles workers to reinstatement and reimbursement for lost wages. Any person who violates this provision of the law is subject to a civil penalty of up to $10,000 per violation. Willful refusal by an employer to reinstate or reimburse an employee who is the victim of retaliation is guilty of a criminal misdemeanor.

The bill also makes it unlawful for employers to engage in unfair immigration-related employment practices. Such unlawful immigration-related employment practices include: threatening to call or contacting immigration authorities; threatening to file or filing a false police report; requesting new or different documents than required by federal immigration law for employment purposes; or using the federal E-Verify system to check the employment authorization status of a worker at a time or in a manner not required by federal immigration law.

The bill also creates a rebuttable presumption of retaliation if any adverse action is taken against a worker within 90 days of his or her exercising a protected right.

This bill also prohibits an employer from discharging a worker or discriminating, retaliating, or taking any adverse action against a worker because he or she updates or attempts to update his or her personal information with the employer, unless the changes are directly related to the skill set or requirements of his or her job.

The text of the bill can be found at http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml. Second, on October 5, 2013, Governor Jerry Brown signed eight immigration-related bills that expand workplace and civil rights for immigrants while making the declaration that “While Washington waffles on immigration, California’s forging ahead".

In particular, AB 524 enhances immigrant worker rights by making it a crime for employers to induce fear by threatening to report workers’ immigration status. SB 666 punishes employers who retaliate against workers based on citizenship or immigration status with a civil fine of up to $10,000 and suspension or revocation of their business licenses.

These laws help ensure that unscrupulous employers no longer pray on undocumented immigrants. The belief that one can exploit a worker and then threaten them if they dare complain was firmly stamped out by California’s legislature and Governor Brown.

Resources

Fact Sheets and Explanation of Laws Affecting Payment of Wages:


State of California Worker’s Rights Information Flyers by Language:

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contact practice law

To speak with someone at Justice at Work Law Group about your legal needs, please call (408) 317-1100 or send us an e-mail using the form below.

Important Notice: The use of the Internet or this from for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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