Benjamin Hill
The need for quality legal advice is particularly important in the context of employment law disputes where a successful plaintiff is entitled to recover his/her reasonable attorney’s fees. At the moment you become aware of an actual or potential employment law dispute, it is crucial that you receive advice as to whether or nor the claim is valid. If the claim is valid, then it makes business sense to pay it quickly rather than prolong the dispute and expose your company to the risk of paying significant attorney’s fees to the plaintiff. If the claim is dubious, then you need someone who can manage the case once it proceeds to litigation. Over the past several years, I have defended clients successfully in numerous employment law cases. While my past successes do not guarantee future results, many of the issues that I have successfully litigated in the past have given me the experience necessary to advise you in your dispute.
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- California
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- Southwestern Law School
- J.D.
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- SCALE program, the first ABA-accredited two year law school program
- Honors: Wildman Scholar (highest merit scholarship offered by Southwestern)
- Activities: SCALE Class President
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- Website
- Website
Is Your Salesperson Entitled to Overtime Pay?
Is Your Salesperson Entitled to Overtime Pay?
Is Your Salaried Employee Entitled to Overtime Pay?
Is Your Salaried Employee Entitled to Overtime Pay?
When Is an Independent Contractor Considered an Employee?
When Is an Independent Contractor Considered an Employee?
Disability Discrimination Is the Most Common Discrimination Claim Filed Against Employers
Disability Discrimination Is the Most Common Discrimination Claim Filed Against Employers
- Q. I was in disability status and my employer ignored my return to work now I am in laid off status What can I do?
- A: To enforce your rights, you have probably figured out that you will need to consult with an attorney one-on-one. There are several law firms in your area that do this work regularly. For more information on disability discrimination, please watch this 3-minute video -- http://www.youtube.com/watch?v=CsmLKwFqqSM
- Q. What can i do? previous employer went bankrupt leaving CA, back to TN, owing me 40 hrs O.T. 30 hrs D.T.
- A: Unfortunately, corporate bankruptcy is a common occurrence. When you write "previous employer went bankrupt leaving CA," do you mean that the corporation actually filed a petition for bankruptcy protection. If they did file a bankruptcy petition you would be considered an unsecured priority creditor but would not likely collect on your claims. Many employers claim that they have/will file for bankruptcy as a way discouraging employee lawsuits but never don't actually do it. I suggest filing a wage claim with the Labor Commissioner or seeking a contingency attorney to file a civil complaint on your behalf. For more information on employment law topics, please visit -- http://e ... Read More
- Q. Where can I get concise, accurate information on whether an insurance agent is exempt from overtime?
- A: California has several overtime exemptions. If your job consists of selling insurance policies, you are most likely to qualify for the "inside salesperson" exemption. To qualify, a salesperson must earn a base salary of at least one and one-half times the minimum wage and earn more than 50% of his/her total compensation as commissions. For more information about salesperson exemptions, please visit -- http://www.youtube.com/watch?v=bZu1thNfnOg
