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Yitz Erik Weiss

Yitz Erik Weiss

Kaplan Weiss LLP
  • Employment Law, Civil Rights, Products Liability...
  • California
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Yitz Weiss is an employment attorney with over a decade of experience in litigating a variety of employment law cases, including unpaid wage and overtime claims, discrimination, harassment, FEHA, Unequal Pay Act, and wrongful termination claims. Yitz counsels clients on pre-litigation employment disputes and represents them from the inception of a lawsuit all the way through trial and even on appeal. Yitz routinely serves as counsel in mediations, binding arbitrations and in major trials. Yitz has impressive trial skills, which have enabled him to obtain major victories for our clients.

Upon graduating with a Bachelors degree in Economics from Yeshiva University and obtaining a Degree of Rabbinic Ordination, Yitz Weiss then entered Southwestern University School of Law. There he was Associate Editor of the Southwestern Law Review. Yitz graduated cum laude with a Juris Doctorate from Southwestern in 2006, an honor reserved for the top 10% of students.

After receiving his Juris Doctorate and being admitted to the California State Bar in 2006, Yitz began his legal career with Kaplan Lee LLP. Based on his all-around excellent work for his clients and the firm, Yitz became a partner in the firm, and it was later renamed to Kaplan Weiss LLP.

In recognition of his excellent legal work, Yitz has was named a Rising Star by “Super Lawyers” in 2015 and 2016. He also received the Clients’ Choice Award by “Avvo” and in 2018 was named a Client Champion by Martindale-Hubbell.

Yitz is a regular speaker on a variety of legal subjects, including the interplay between civil and religious law in areas of business and the Constitution. He teaches classes in law, ethics, and religion.

Practice Areas
  • Employment Law
  • Civil Rights
  • Products Liability
  • Business Law
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
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9th Circuit
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U.S. District Court, Central District of California
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U.S. District Court, Southern District of California
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  • English
Professional Experience
Kaplan Weiss LLP
- Current
This firm was known as Kaplan Lee LLP until January, 2014 when it adopted its current name.
Kaplan Lee LLP
Southwestern University School of Law
J.D. (2006)
Honors: cum laude, Dean's List
Activities: Law Review
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Yeshiva University
Bachelors degree | Economics
Yeshiva University Logo
Client Champion
Rising Star
Super Lawyers
Rising Star
Super Lawyers
Client Choice Award
Cum Laude
Southwestern University School of Law
Dean's List
Southwestern University School of Law
Professional Associations
California State Bar # 244452
- Current
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Articles & Publications
Expansion of the California Equal Pay Act
Kaplan Weiss LLP Newsletter & Blog
Summary of Healthy Workplaces, Healthy Families Act of 2014
Kaplan Weiss Newsletter
Summary of California's Equal Pay Act
Kaplan Weiss Newsletter
Speaking Engagements
Comparative Law, Expert Presentation and Workshop
Conejo Jewish Academy
Legal Answers
21 Questions Answered

Q. Are there hour requirements for salary
A: If you are properly classified as an exempt employee and paid on a salary basis, then your employer could increase your hours without any additional pay, unless you have a contract that states otherwise. That being said, many employees are incorrectly classified as exempt and paid a salary when they should be paid hourly and be entitled to overtime compensation. You should consider consulting with an experienced employment lawyer to evaluate your particular situation.
Q. Can a company ask you to work for 2 days as a "work test" period with no pay before they offer to hire you?
A: You are required to be paid at least minimum wage for all hours you perform work on behalf of the company. This sort of work-for-free period would not be permitted.
Q. What can I do about getting fired and not getting payed?
A: Under California law your employer is generally required to pay your final wages at the time of your termination. If they failed to do so, you may recover the unpaid wages plus you may be eligible to recover a penalty in the amount of your daily earnings for up to 30 days. You should consider consulting with an experienced employment lawyer to further evaluate your potential claims.
Q. Does a 7½ hour shift need to have 2 10 minute breaks and a lunch, or just 1 break and a lunch
A: With a work shift of 7.5 hours, you would be entitled to a 30-minute lunch break and two 10-minute rest breaks.
Q. Pay for California commission-only automotive service advisor. Guaranteed min wage while learning. Do I get OT?
A: To answer your question fully would require more details on your current job situation. It is not clear from your question which overtime exemption your employer is applying to your job position. In a recent case, the Supreme Court in Encino Motorcars v. Navarro determined that service advisors are exempt employees under the Fair Labor Standards Act. However, under the California Labor Code, other than in the case of an outside salesperson, a commissioned employee is typically exempt from overtime only if they earn a minimum of one-and-a-half times minimum wage and more than half their wages are from commissions. If you are not earning more than half your wages from commissions or you are not earning more than 1.5 times the minimum wage, then you may not be exempt and may be entitled to overtime wages. Depending on the nature of your job, there may be other overtime exemptions that could apply.
Q. In California, if an employer has a grandfathered sick leave policy, does that exempt them from timing requirements?
A: In general, under the Healthy Workplaces, Healthy Families Act of 2014, an employer who had an existing paid leave policy or paid time off plan at the time the law went into effect in 2015, can maintain those policies and be deemed in compliance if the plan meets the following requirements: (1) the accrual is on a regular basis that provides at least one day or 8 hours of accrued paid sick leave or paid time off within three months of employment, each calendar year, or each 12-month period; and, (2) the employee was eligible to earn at least three days or 24 hours of paid sick leave or paid time off within 9 months of employment. If the grandfathered plan does not meet these requirements, then the employer may not be compliant. Additionally, if an employer changes the terms of the grandfathered plan, such as reducing the accrual amount or accrual rate, then it may no longer be complaint.
Q. My boss doesn't pay me on time or in full...and writes me personal check taking taxes out but I don't know how much?
A: Under California law, your employer must pay you in full for all hours worked. You must be paid on time, on the regularly scheduled payday. Along with your paycheck, your employer must also provide a wage statement detailing, among other things, your hours worked, rate of pay, and all deductions. If your employer fails to do so, you are entitled to recover your wages, and may also be able to recover additional damages and penalties. You should consider contacting an employment lawyer to discuss your matter in more detail.
Q. Pto payout?
A: Under California law, earned vacation time is considered a form of wages. Therefore, a "use it or lose it" policy for earned vacation time is not valid under California law. However, an employer may place certain reasonable limits on a vacation policy, such as a "cap" or "ceiling" on the number of vacation days an employee may accrue. If an employee has unused paid time off days when the employment relationship ends, the employee must be paid for these days. You should consult with an experienced employment lawyer to further discuss your rights and options.
Q. employer wrongly classifying me as an independent contractor and paid me cash so he could avoid taxes.
A: There are several potential issues that should be addressed. Based on your description of the job you are performing, you should likely be considered an employee and compensated accordingly. You should consult with an experienced employment attorney to further discuss your rights and options.
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Contact & Map
Los Angeles Office
355 S. Grand Ave.
Suite 2450
Los Angeles, CA 90071
Telephone: (213) 553-4550
Fax: (213) 553-4590
South Bay Office
400 Continental Blvd.
6th Floor
El Segundo, CA 90245