California has strict termination laws that regulate why and how you can be discharged from your job. Here are five rules that every employee should be aware of: California is an at-will employment state. There are certain reasons you cannot be fired for. You must get a final paycheck upon discharge. You must get notice …
A full-time exempt employee is someone who works full-time hours and is exempt from certain state and federal wage and hour requirements, such as overtime and the minimum wage. To be full-time, you must work at least a certain number of hours. To be an exempt employee, you must meet job duties and salary requirements …
Can I Collect Interest on Unpaid Wages? — How to determine unpaid wages interest in California LawWatch this video on YouTube In California, interest on unpaid wages is determined by state law or the employment contract. If the contract specifies the interest rate to be used, that rate applies. If the agreement does not specify …
7 Critical Steps If You’ve Been Unfairly Written Up at WorkWatch this video on YouTube If you have been written up at work unfairly, you can write a rebuttal letter to challenge your employer’s narrative. The letter can also include evidence that the allegation is pretextual, which can help in a subsequent lawsuit for retaliation …
Negligent hiring is a lawsuit that victims can file against an employer for its employee’s misconduct. Seven common examples are: a transportation company hiring someone with a bad driving record, hiring a worker with a relevant criminal record, not firing a worker after similar misconduct, failing to supervise a worker, not conducting a background check, …
California’s statute of limitations for filing an employee misclassification lawsuit against your employer is three years from your last day of work. It can be extended to 4 years if your employment contract was breached. However, please do not wait until the statute of limitations is about to expire to start your case: It takes …
Your company may be liable for coworkers who are harassing you if your company was negligent in not stopping it. Your company is negligent if it knew or should have known that the harassment was happening, but failed to take immediate and appropriate action to end it. You can recover any wages that you lost …
In California, you can be fired after handing in your 2 weeks notice. While you will not earn your wages, it turns your resignation into a termination. This means you can collect unemployment. If the discharge was in retaliation for you handing in your 2 weeks notice, it can be grounds for a wrongful termination …
If your employer in California denies a reasonable accommodation request, this can amount to discrimination. You can file a complaint with California’s Civil Rights Department or with the U.S. Equal Employment Opportunity Commission (EEOC). You can also file a discrimination lawsuit against your employer, though you may need a right-to-sue letter. You should also request …
What is the DLSE? Labor Lawyer Explains How to File a Claim with the California Labor CommissionerWatch this video on YouTube The California DLSE is the state’s Division of Labor Standards Enforcement. It is also known as the California Labor Commissioner’s Office. It handles claims under California’s wage and hour laws as well as some …
In California, travel time is when your employer requires you to be at a designated place and controls how you get there. Because of this control, travel time is compensable in California. It often occurs when your employer makes you go from one worksite to another, or use the employer’s transportation from a designated meet-up …
A wrongful termination happens when a worker is fired or laid off for an improper or unlawful reason. Five common examples of wrongful terminations are when the worker is discharged for: filing for workers’ compensation, blowing the whistle on wrongdoing, discriminatory reasons, taking legally-protected leave, and/or demanding unpaid wages. You have legal recourse if you were …
You should consider talking to a pregnancy discrimination attorney if you think you have been treated unfairly because of your pregnancy. This type of discrimination violates state and federal law. It can take many forms, such as being denied sick leave, losing career opportunities, or not being hired. You can file a demand letter or …
Many employers include stock options as a part of the compensation package when making a job offer. 6 things to know about them are: a stock option is the opportunity to buy company stock, not a gift, it may not vest immediately, the purchase price should be at a discount, whether there are future opportunities …
Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in …
Yes, Nevada is a Right to Work state. This means that employees can choose whether to join a union. And employers cannot disqualify job candidates or retaliate against employees based on whether they are in a union. In short, workers cannot be forced to join a union – or refrain from joining a union – …
You can bring a lawsuit for wrongful termination when you have been fired or laid off from your job for an illegal or improper reason, such as discrimination or retaliation. Workers who have been wrongfully terminated have a limited time in which to bring their claim. This time period is set by each state’s statute …
Under Federal law, employers are encouraged to reimburse employees for uniforms or required clothes. But the law does not say that they must reimburse their employees for such costs. In addition, federal law states that employers, who require non-OSHA mandated uniforms, are not required to pay for them if they compensate their employees adequately. Federal …
Under California employment law, all employers have a legal obligation to pay employees the wages they have earned and to pay these wages on time. This includes the final payment of wages upon a worker’s termination of employment. Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties …
California’s Fair Employment and Housing Act (FEHA), Government Code 12940, prohibits employment discrimination or harassment based on gender, gender identity, or gender expression. Some cities have passed their own regulations protecting gender identity and expression in the workplace. The city and county of San Francisco, for instance, has issued guidelines that include: Employers have the right …
Assembly Bill 2845 was signed into law by Gov. Brown in September 2018. The bill prohibits employers with five or more employees to do such things as: ask potential employees or applicants about their conviction history; inquire into or consider an applicant’s conviction history until after an employment offer has been made; and, consider an …
Recently we have written about the possibility of getting resentenced or having your marijuana conviction dismissed and sealed under Proposition 64–California’s recreational marijuana law. Briefly, Proposition 64 provides that certain marijuana-related activities are no longer crimes–or are less serious crimes than they were before that law was passed. If you were sentenced under the old …
Ride-sharing company Uber typically does not allow people with felony convictions to sign up as drivers. But the company announced today that it will hire drivers who were originally convicted of felonies–but whose convictions have been reduced to misdemeanors under Proposition 47. Prop 47, passed in 2014, reclassified several former California felonies as misdemeanors, including: Grand …
