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Yitz Erik Weiss

Yitz Erik Weiss

Kaplan Weiss LLP
  • Employment Law, Civil Rights, Products Liability...
  • California
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Summary

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
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
9th Circuit
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
Languages
  • English
Professional Experience
Partner
Kaplan Weiss LLP
- Current
This firm was known as Kaplan Lee LLP until January, 2014 when it adopted its current name.
Attorney
Kaplan Lee LLP
-
Education
Southwestern University School of Law
J.D. (2006)
Honors: cum laude, Dean's List
Activities: Law Review
Yeshiva University
Bachelors degree | Economics
Awards
Client Champion
Martindale-Hubbell
Rising Star
Super Lawyers
Rising Star
Super Lawyers
Client Choice Award
Avvo
Cum Laude
Southwestern University School of Law
Dean's List
Southwestern University School of Law
Professional Associations
California State Bar # 244452
Member
- Current
Publications
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
17 Questions Answered

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. I am being paid 6.5 hrs of my 7 hr shifts and never have received rest/meal breaks.
A: As an employee in California, you are entitled to be paid for all hours worked. You are also entitled to meal and rest breaks, including a 10 minute rest break for every four hours worked, as well as a 30 minute off-duty meal period when you work more than five hours in a day. You should consult with an experienced employment attorney to more fully discuss your rights and options.
Q. Is it Legal in California to reduce the amount of commission received when a client does not pay within 40 days?
A: This will depend on the terms of your commission agreement. In California an employee working on a commission basis must be provided with a written agreement, which must be signed by the employee. A commission agreement would typically set forth the commission rates, as well as the method of determining when a commission is deemed earned. If you have concerns about the particular payment structure or how it is applied by your employer, you should consider contacting an employment lawyer to discuss the matter in more detail.
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.
Q. Employee Termination
A: This question involves analysis of a lot of specific facts and potential issues that cannot be addressed very well in this forum. You should consider consulting an employment lawyer to discuss the matter privately and evaluate your options.
Q. Placed two weeks notice and didn’t receive final paycheck until 11 days after last scheduled day of work. Compensation?
A: Since you were terminated, your employer was required to pay you all wages due immediately. If your employer failed to pay, then as a penalty to your employer your daily wages continue to accrue from the date of your termination until they are paid (for up to 30 days). The penalty continues based on the actual number of days, rather than business days. The Labor Commissioner's office should be able to assist you in filing the appropriate claims. You also may want to consult with an employment lawyer to discuss your rights and options in more detail.
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Contact & Map
Los Angeles Office
355 S. Grand Ave.
Suite 2450
Los Angeles, CA 90071
USA
Telephone: (213) 553-4550
Fax: (213) 553-4590
South Bay Office
400 Continental Blvd.
6th Floor
El Segundo, CA 90245
USA