Todd Smilovitz Family and
              Employment Law - Los Angeles
Todd Smilovitz - Los Angeles
Employment Law
Family Law

Let Our Firm Handle Your Employment Law Issues

If you believe you are getting shortchanged by your employer, are being treated abusively, or are dealing with any wage and hour issue, it's important to note that there are legal options.  You deserve fair and equitable treatment and a skilled employment lawyer can help you fight for your rights as an employee and ensure that your are paid equitably.

The Law Offices of Todd Smilovitz is committed to fighting for employee rights, ensuring that justice is served economically and that workers aren't treated abusively by employers.  It is our goal to obtain the maximum award possible in the shortest period of time.

We always strive to promptly communicate with our clients.  It is our goal to help you understand different possible outcomes, but in the end empower you to made the most informed decision for your case.  Our approach is always tailored to a client's individual issue.  Most of our employment law cases are taken on a contingency basis, which means you do not pay any costs unless we win your case. We specialize in the following employment law issues in Los Angeles.

Unpaid Sales Commissions and Bonuses

If you have an oral or written agreement to receive a commission or bonus and have not received the agreed upon amount from your employer, it may be in your best interest to pursue legal action.  Commissions and bonuses, as well as other types of earnings, must be promptly and fully paid to employees.

Unpaid wages generally means failure to pay all wages due of any kind, including:
  • Refusal to pay minimum wage, which in California is $8.00 an hour
  • Refusal to pay overtime wages, which covers periods worked of more than 8 hours in a day or 40 hours in a week
  • Misclassification of employees as independent contractors to avoid allowing breaks and overtime wages
  • Restaurant, hotel and other tipped employees who are charged for non-paying customers by unlawfully deducting related amounts from their paychecks.

As it applies to sales commissions and bonuses, issues can include:
  • Refusal to pay sales commissions per contract terms of employee manual or oral agreement
  • Sales professionals entitled to breaks and overtime because they don't earn twice the hourly minimum wage.

If you are considering whether you have a case, how quickly it can be settled, what it's worth or how you should proceed in attempting to obtain compensation, it is important to partner with a legal expert who can present you with all options and empower you to make the best possible decision.

Meal and Break Issues

If you have been fired or quit due to meal or rest break issues, it's important to know your rights.  These issues require investigating, you are entitled to a certain break period by law.
  • More than five hours in one workday = one meal period of at least 30 minutes
  • More than ten hours in one workday = two meal periods of at least 30 minutes each
  • At least one ten minute rest period for every four hours worked

If you are being forced to work through meal or rest breaks, you may have a case against your employer.

Due to the economic climate we're facing right now, these issues can be particularly stressful, but it's important to know your rights and ensure a just work environment.  Often these cases come with a number of questions: Do I have a case?  How quickly can it be settled?  What is it worth?  How should I proceed?  

Partnering with an experienced and knowledgeable attorney can inform you of all issues that are involved in these types of cases and help you work toward the most equitable outcome.

Employment Retaliation Law

It is all too common for employees to suffer with issues, including:
  • Unpaid wages for overtime
  • Not getting meal and rest breaks
  • Not getting time cards or payroll records upon request
  • Forced to work in unsafe conditions
  • Not getting compensated for all wages earned

When employees try to solve these problems on their own, they are often ignored and sometimes even fired.  Some employees assume that if an employee is paid a salary, they don't get meal and rest breaks or overtime pay.  These benefits are actually determined by the nature of job duties and level of pay, not simply the employer's choice of classification.  There are clear penalties for employers who violate employee rights in these ways.

It is important to note that an employee reporting illegal activity in the workplace is protected by state and federal law designed to encourage the identification of illegal activity and request for payroll, time card or other records without fear of reprisal.  A mistake sometimes made by employees who are being retaliated against is that they wait too long to take legal action, possibly resulting in an ambiguous claim.

If you, or a loved one, is facing any of these issues in, it's critical to reach out to an experienced employment law attorney as soon as possible.  To discuss any Los Angeles employment law issue including those listed below, please contact us for a free initial consultation.
  • Employer Retaliation
  • Wage and Hour Issues
  • Unpaid Overtime
  • Meal and Rest Breaks
  • Pregnancy
  • Unpaid Sales Commissions and Bonuses
  • Discrimination Based on Sex, Rage or Age
  • Sexual Harassment

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