In an earlier blog post, we highlighted that under California statutory law, "wages" are broadly defined, and that case law has specifically included "bonuses" in the definition of wages.
Why it matters....
Pursuant to California Labor Code § 201 et. seq., if an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. Simply put wages are due on the date of termination. If you are employer you should build that into your planning when conducting terminations or layoffs. If you are employee, you should make sure that you are paid all wages due on your date of termination, and certainly prior to signing any release. Failure to properly and timely pay wages can have consequences far in excess of the underlying amount due, including (1) waiting time penalties; (2) interest and (3) attorney's fees.
Waiting Time Penalties
California Labor Code § 203 “[i]f an employer willfully fails to pay, without abatement or reduction, in accordance with sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced.”
Interest
California Labor Code § 218.6 further provides that “[i]n any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at [an annual rate of 10 per cent] as mandated by subdivision (b) of § 3289[1] of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with § 200) of Division 2. “
Attorney's Fees
“In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable attorney's fees and costs to the prevailing party…” Labor Code §218.5. With the cost to get to trial in high-stakes cases running well into six figures on the plaintiff's side, there is substantial exposure to a defendant company that fails to properly pay wages.
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for a free, no obligation review, please visit: http://www.adishianlaw.com/index.php/wrongful-termination. For more information about UNPAID WAGES, UNPAID BONUSES, UNPAID COMMISSIONS or other areas of EMPLOYMENT law, please visit http://www.adishianlaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2009.
@algpc Twitter Updates
Tuesday, January 20, 2009
Definition of Wages
What amounts are included in wages? We get variations on this question all the time including, is my bonus part of my wages?
The Law
Wages are defined under California Labor Code § 200 to include “all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.” This is a very broad definition that includes virtually any form of compensation used in the modern economy, so long as it is "fixed or ascertainable" by some "method of calculation."
Yes, under California law bonuses are wages. Ralphs Grocery Co. v. Sup. Ct. (Swanson) (2003) 112 Cal. 4th1090, 1103, 5 Cal. Rptr. 3d 687, 697.
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for a free, no obligation review, please visit: http://www.adishianlaw.com/index.php/wrongful-termination. For more information about WAGES, UNPAID WAGES, UNPAID BONUSES and/or other areas of EMPLOYMENT law, please visit www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C.2009.
The Law
Wages are defined under California Labor Code § 200 to include “all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.” This is a very broad definition that includes virtually any form of compensation used in the modern economy, so long as it is "fixed or ascertainable" by some "method of calculation."
Yes, under California law bonuses are wages. Ralphs Grocery Co. v. Sup. Ct. (Swanson) (2003) 112 Cal. 4th1090, 1103, 5 Cal. Rptr. 3d 687, 697.
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for a free, no obligation review, please visit: http://www.adishianlaw.com/index.php/wrongful-termination. For more information about WAGES, UNPAID WAGES, UNPAID BONUSES and/or other areas of EMPLOYMENT law, please visit www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C.2009.
Wednesday, January 14, 2009
Adishian Law Group Newsletter (January 2009)
Headnotes....
In Memoriam. This edition is dedicated to Varnum Paul, Esq.
New Year, New Articles. With the New Year, we have added new helpful, topical content to our blogs. Please see the individual sections below for a complete list.
Corporate Law Update
We continue to build our corporate practice of representing top entrepreneurs and serving as general counsel for emerging companies and privately-held corporations across a range of industries from high-tech to low-tech. Target clients include founders of venture backed companies, and owner-operators of privately held companies with $5-$50 million in annual revenue.
New Corporate Articles:
Exchange Funds: A Good Idea...
Breach of Fiduciary Duty By Majority Shareholders...
Oppressive Conduct By Majority Shareholders...
Venture & Start-Up Review: There has been a significant pull-back in venture and angel financings on a wide scale. Some funds are even returning money to their investors. This is no surprise given the widespread wreckage in the financial sector. Law firms that focused heavily on these transactions have shrunk considerably or dissolved entirely, such as Heller Ehrman (which had merged with Venture Law Group, only a few years ago). On the company side, subsequent round venture financings are still getting done, but the terms are less favorable, transaction are taking longer, burn rates are being more highly scrutinized and layoffs may be a pre-condition to additional financing. We believe it is a good environment for consolidation, with larger buyers finding that smaller competitors are more receptive to merger versus trying grow alone.
For an updated list of representative projects and transactions, please visit our Corporate Transactions Page.
In addition, we also provide a free corporate resources page, located here ALG, PC Corporate Resource Links.
Our flat rate corporate or LLC formation package is a great value for start-ups. If you or your clients have an idea, and are ready to run with it, please contact us at askalg@adishianlaw.com to schedule a free, no obligation consultation.
Real Estate Law Update
We have a full service real estate practice, representing buyers, sellers and developers in real estate transactions, operations and financings, as well as representing clients involved in real estate disputes in a variety of forums including mediation, arbitration and civil litigation.
New Real Estate Articles:
1031 Exchanges....
Foreclosing Lienholders.....
Commercial Lease Surrender...
Real Estate Market Review: The main theme we emphasize to our clients is: "In this economy, people with capital expand their holdings". You can pick your favorite saying or Aesop's fable, the story is the same. For those individuals or entities that stayed true to good practices and fundamentals over the past decade, this market is their reward. Interest rates are at historic lows and there is an excess inventory of real estate assets held by truly "motivated" sellers.
For an updated list of representative projects and transactions, please visit our Real Estate Transactions Page.
We also recommend that you visit our own real estate resources page, located here ALG, PC Real Estate Resource Links.
When you have your next real estate issue, whether it is a L-T issue, Broker-client dispute, pending litigation, mediation, arbitration, a new development, upcoming transaction, need capital or simply want to sell an asset, contact us via askalg@adishianlaw.com for a free, no obligation consultation.
Executive-Level Wrongful Termination Law Update
Representing talented, highly compensated corporate professionals (e.g. Company Founders, Investment Bankers, Sales Managers, High Performing Sales Representatives and "C-Suite" executives) throughout the state continues to be a core piece of our practice. Many of our clients are top performers in their chosen professions. We represent top corporate talent in high-stakes litigation against some of the largest corporations and law firms in the country. We also advise senior level executive in negotiating their employment agreements. Some of our recent and active employment matters include:
Advised client in negotiating complex CEO employment agreement;
Advised client in negotiating employment agreement with private equity
fund;
Advised client in negotiating employment agreement with private equity
fund;
Represented client facing former employer's demand for reimbursement of $10,000 in training expenses....demand was quickly dropped.
We are in litigation against Pfizer, the world's largest pharmaceutical company;
We are representing a former senior manager terminated from a large nationally known non-profit entity; and
We are representing a private company founder who was terminated from her own company.
Labor Market Review: It is no secret that this is the toughest employment market since the early 1990s, and by some measures the toughest market in several generations. Quoting the January 9, 2009, Employment Situation Summary from the U.S Department of Labor: "In December, job losses were large and widespread across most major industry sectors." and "the number of unemployed persons increased by 632,000...and the unemployment rate rose to 7.2 percent." If you have lost your job, regardless of your employment level, you clearly are not alone. We encourage you to visit our Labor Law Blog to learn what steps we recommend that you take if you have been fired or laid off. The tough news is that no quick substantive exit from the recession is apparent, but the good news is that there are definitely steps that you can take to help you get through this difficult economic environment.
If you or someone you know could benefit from our services, or has a fact pattern similar to the above, please contact us at askalg@adishianlaw.com for a free consultation.
We also recommend our own Labor and Employment resources page, located here ALG, PC Employment Law Resource Links.
The ALG Difference
Our practice grows through relationships and referrals. Our points of differentiation are:
1. Professional Service. We are professionals, striving always to deliver the highest level of client service in a trusted, effective manner;
2. Representing Leaders. Our clients are exceptional individuals, families and companies who are achievers in their chosen fields and value our services;
3. Trusted, Proven Network. We also serve as "network hub", providing our clients with a single point of contact for all of their legal needs relating to the great state of California. In terms of scale, LinkedIn calculates that our 2nd level network is over 46,400 individuals, and that our 3rd level network is over 3,100,000 individuals. Every client has access to, and benefits from, our trusted, proven network of talented professionals and other firm resources.
4. Technology Forward. We are technology-forward, leveraging the latest technology to deliver our legal services in the most efficient manner;
5. Direct Attorney Involvement. We provide direct attorney involvement on every client matter, supplemented as appropriate by staff;
6. Personalized, 24 hour access. We provide highly personalized, responsive service to our clients -- clients have twenty-four hour access to our attorneys and staff;
7. International and Cross-Border Experience. We are international, advising overseas clients on inbound activities and advising California clients on outbound activities in foreign jurisdictions; and
8. Solutions Focused. We generate creative solutions founded on our practical knowledge of what works and what does not work.
In short, we act quickly, and when you need us, we are on the ground with you....wherever you may need us. Simply pick up the phone.
Related Services
Attorney Referrals. We continue to add quality attorneys to our referral network, so even if your legal needs do not fall within our three core practice areas, your first call should still be to ALG. If we cannot help you directly, chances are we have a relationship with a high-quality attorney in that area of law.
Financial Consulting and Advisory
Professional Introductions
Legal research
Company/Individual background checks
Asset verification/debt collection
Conference room access in Los Angeles and San Francisco
Thank you for your ongoing support, and Go Bears!
Regards,
ADISHIAN LAW GROUP, P.C.
Southern California
Pacific Corporate Towers
222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
P: 310.726.0888
F: 866.350.0888
Northern California
One Market
Spear Tower, Suite 3600
San Francisco, California 94105
P: 415.955.0888
F: 866.350.0888
Web: http://www.AdishianLaw.com
Skype: ALG-PC
Corporate Law Update
We continue to build our corporate practice of representing top entrepreneurs and serving as general counsel for emerging companies and privately-held corporations across a range of industries from high-tech to low-tech. Target clients include founders of venture backed companies, and owner-operators of privately held companies with $5-$50 million in annual revenue.
New Corporate Articles:
Exchange Funds: A Good Idea...
Breach of Fiduciary Duty By Majority Shareholders...
Oppressive Conduct By Majority Shareholders...
Venture & Start-Up Review: There has been a significant pull-back in venture and angel financings on a wide scale. Some funds are even returning money to their investors. This is no surprise given the widespread wreckage in the financial sector. Law firms that focused heavily on these transactions have shrunk considerably or dissolved entirely, such as Heller Ehrman (which had merged with Venture Law Group, only a few years ago). On the company side, subsequent round venture financings are still getting done, but the terms are less favorable, transaction are taking longer, burn rates are being more highly scrutinized and layoffs may be a pre-condition to additional financing. We believe it is a good environment for consolidation, with larger buyers finding that smaller competitors are more receptive to merger versus trying grow alone.
For an updated list of representative projects and transactions, please visit our Corporate Transactions Page.
In addition, we also provide a free corporate resources page, located here ALG, PC Corporate Resource Links.
Our flat rate corporate or LLC formation package is a great value for start-ups. If you or your clients have an idea, and are ready to run with it, please contact us at askalg@adishianlaw.com to schedule a free, no obligation consultation.
Real Estate Law Update
We have a full service real estate practice, representing buyers, sellers and developers in real estate transactions, operations and financings, as well as representing clients involved in real estate disputes in a variety of forums including mediation, arbitration and civil litigation.
New Real Estate Articles:
1031 Exchanges....
Foreclosing Lienholders.....
Commercial Lease Surrender...
Real Estate Market Review: The main theme we emphasize to our clients is: "In this economy, people with capital expand their holdings". You can pick your favorite saying or Aesop's fable, the story is the same. For those individuals or entities that stayed true to good practices and fundamentals over the past decade, this market is their reward. Interest rates are at historic lows and there is an excess inventory of real estate assets held by truly "motivated" sellers.
For an updated list of representative projects and transactions, please visit our Real Estate Transactions Page.
We also recommend that you visit our own real estate resources page, located here ALG, PC Real Estate Resource Links.
When you have your next real estate issue, whether it is a L-T issue, Broker-client dispute, pending litigation, mediation, arbitration, a new development, upcoming transaction, need capital or simply want to sell an asset, contact us via askalg@adishianlaw.com for a free, no obligation consultation.
Executive-Level Wrongful Termination Law Update
Representing talented, highly compensated corporate professionals (e.g. Company Founders, Investment Bankers, Sales Managers, High Performing Sales Representatives and "C-Suite" executives) throughout the state continues to be a core piece of our practice. Many of our clients are top performers in their chosen professions. We represent top corporate talent in high-stakes litigation against some of the largest corporations and law firms in the country. We also advise senior level executive in negotiating their employment agreements. Some of our recent and active employment matters include:
fund;
fund;
Labor Market Review: It is no secret that this is the toughest employment market since the early 1990s, and by some measures the toughest market in several generations. Quoting the January 9, 2009, Employment Situation Summary from the U.S Department of Labor: "In December, job losses were large and widespread across most major industry sectors." and "the number of unemployed persons increased by 632,000...and the unemployment rate rose to 7.2 percent." If you have lost your job, regardless of your employment level, you clearly are not alone. We encourage you to visit our Labor Law Blog to learn what steps we recommend that you take if you have been fired or laid off. The tough news is that no quick substantive exit from the recession is apparent, but the good news is that there are definitely steps that you can take to help you get through this difficult economic environment.
If you or someone you know could benefit from our services, or has a fact pattern similar to the above, please contact us at askalg@adishianlaw.com for a free consultation.
We also recommend our own Labor and Employment resources page, located here ALG, PC Employment Law Resource Links.
The ALG Difference
Our practice grows through relationships and referrals. Our points of differentiation are:
1. Professional Service. We are professionals, striving always to deliver the highest level of client service in a trusted, effective manner;
2. Representing Leaders. Our clients are exceptional individuals, families and companies who are achievers in their chosen fields and value our services;
3. Trusted, Proven Network. We also serve as "network hub", providing our clients with a single point of contact for all of their legal needs relating to the great state of California. In terms of scale, LinkedIn calculates that our 2nd level network is over 46,400 individuals, and that our 3rd level network is over 3,100,000 individuals. Every client has access to, and benefits from, our trusted, proven network of talented professionals and other firm resources.
4. Technology Forward. We are technology-forward, leveraging the latest technology to deliver our legal services in the most efficient manner;
5. Direct Attorney Involvement. We provide direct attorney involvement on every client matter, supplemented as appropriate by staff;
6. Personalized, 24 hour access. We provide highly personalized, responsive service to our clients -- clients have twenty-four hour access to our attorneys and staff;
7. International and Cross-Border Experience. We are international, advising overseas clients on inbound activities and advising California clients on outbound activities in foreign jurisdictions; and
8. Solutions Focused. We generate creative solutions founded on our practical knowledge of what works and what does not work.
In short, we act quickly, and when you need us, we are on the ground with you....wherever you may need us. Simply pick up the phone.
Related Services
Thank you for your ongoing support, and Go Bears!
Regards,
ADISHIAN LAW GROUP, P.C.
Southern California
Pacific Corporate Towers
222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
P: 310.726.0888
F: 866.350.0888
Northern California
One Market
Spear Tower, Suite 3600
San Francisco, California 94105
P: 415.955.0888
F: 866.350.0888
Web: http://www.AdishianLaw.com
Skype: ALG-PC
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