huizenga and Hergt
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Legal News: Employment Law Employee

News

[07/24] Schwarzenegger threatens minimum wage for workers
[07/24] New layoff filings jump as companies retrench
[07/24] France steps back from 35-hour work week
[07/24] Federal minimum wage rises to $6.55 today
[07/24] China clamps down on issuing business visas

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Articles

How Much Are You Worth?

Independent contractors (ICs) can be paid in a variety of ways, including a fixed fee for an entire project, payment by the hour or payment by sales commissions. However you're paid, you need to determine how much to charge per hour. This is so even if you're paid a fixed fee for an entire project. To determine the amount of a fixed fee, you must estimate how many hours the job will take and multiply the total by your hourly rate then add the amount of your expenses.

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Considerations for Your Performance Evaluation

If you are like most employees, you probably dread the annual performance evaluation process. It may seem as though you have no power to influence the outcome, so your strategy is to just grin and bear it. In actuality, you probably have more power than you realize. Following are ten things to think about with regard to your performance evaluation. You may find that with a little foresight and a proactive approach you can make an evaluation work for you.

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Case Summaries

[07/23] Cox v. Ocean View Hotel Corp.
In an employment discrimination case involving an employment agreement containing a mandatory arbitration clause, denial of defendant-employer's motion to compel arbitration and partial summary judgment for plaintiff is reversed where: 1) for purposes of a breach-of-agreement theory, plaintiff did not properly initiate arbitration under the terms of his employment agreement via a letter he sent; and 2) the district court improperly granted summary judgment in plaintiff's favor on the issue of waiver.

[07/23] Magallanes v. Ill. Bell Tel. Co.
Dismissal of an employment-discrimination suit because the parties had settled is reversed where defendant-employer did not meet its burden to prove that plaintiff's attorney had in fact been authorized to enter into a settlement agreement.

[07/22] Lopez v. Imperial Cty. Sheriff
In a case arising after respondent terminated appellants from their jobs as correctional sergeants, judgment remanding matter to the Employee Appeals Board is affirmed where the Board's previous tie votes regarding appellants' termination were the equivalent of a failure to act, and the trial court did not err in remanding the matters for the Board to conduct another vote.

[07/22] Brinker Restaurant Corp. v. Superior Ct
In an action involving alleged violations of laws governing rest and meal breaks on transfer from the state supreme court, the court of appeals rules that: 1) while employers cannot impede, discourage or dissuade employees from taking rest periods, they need only provide, not ensure, rest periods are taken; 2) employers need only authorize and permit rest periods every four hours or major fraction thereof and they need not, where impracticable, be in the middle of each work period; 3) employers are not required to provide a meal period for every five consecutive hours worked; 4) while employers cannot impede, discourage or dissuade employees from taking meal periods, they need only provide them and not ensure they are taken; and 5) while employers cannot coerce, require or compel employees to work off the clock, they can only be held liable for employees working off the clock if they knew or should have known they were doing so.

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Frequently Asked Questions

Are there certain questions that an employer may not ask during a job interview?

When may an employee be entitled to medical leave from work?

How can an employee secure a reasonable accommodation for his or her disability by an employer?

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