California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 3

Forced Overtime — Is it Legal in California?Watch this video on YouTube If you are a non-exempt employee in California, you must receive overtime pay for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you overtime in the following three circumstances: Time-and-a-half pay when you work more than 8 hours in a workday …

In California, you are considered a full-time employee if you work 40 or more hours in a week.1 This entitles you to certain workplace benefits. However, some federal laws define “full-time work” in a way that requires fewer hours on the job. Under these laws, you could be entitled to healthcare or retirement benefits without …

 If you have been wrongfully terminated, you may be able to get your job back by way of legal action. If you can prove that the discharge was illegal, the court may order the employer to reinstate you, in addition to compensating you for lost wages. In this article I discuss how you can …

A right to sue letter by the Equal Employment Opportunity Commission (EEOC) gives you permission to file your employment discrimination lawsuit in federal court. Receiving a right to sue letter means that you have exhausted your administrative remedies, which is often necessary for bringing a private lawsuit. It is as if the EEOC says to …

In California, employers are required to fully reimburse you when you use your personal vehicles for business purposes. In total, there are 4 ways to calculate your reimbursement: Lump-sum payments, Actual mileage, Actual expenses, or A mixture of fixed and variable rates. Many employers adopt the IRS’s reimbursement rates, which go by actual mileage, as …

Child Labor Laws in California – 5 Key Facts Every Parent & Employer Should KnowWatch this video on YouTube California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. The state laws are supplemented by federal laws that restrict what occupations can employ minors in …

You generally only have First Amendment rights at work if your employer is the government. The First Amendment does not apply to private actors, such as private businesses. However, some state and federal employment laws protect some of your speech in the workplace. If you are a public employee, your speech can still be limited so …

Commission-Based Pay Laws in California – Know Your RightsWatch this video on YouTube Commission-based pay is workplace compensation based on an employee’s sales productivity. It can be tied to the overall quantity of sales or the value of the things sold. The commission agreement sets out how your particular commission pay is generally calculated. State and …

Employers who offer a severance agreement to induce you to waive your rights must follow special rules if you at least 40. Federal law requires these severance agreements to be clearly written and explicit. You must be given adequate time to review the agreement and cannot be pressured into signing it. Violations can amount to …

For non-exempt employees in California, make-up time is additional time spent on the job to make up for a brief absence from work earlier in the workweek. A request for make-up time must be made in writing. Make-up time does not count toward your overtime hours in most circumstances. Your employer cannot encourage you to …

In California employment law, a separation agreement is a written contract between an employer and a worker who is about to be terminated. The agreement generally requires the worker to waive all legal claims that they may have against the company. In exchange, the worker receives severance pay. Many separation agreements in California also restrict …

Wrongful Termination Lawsuits — "What is the statute of limitations?"Watch this video on YouTube The California statute of limitations for wrongful termination is two years for implied breach of contract- or public policy violations and three years for FEHA violations, WARN Act violations, or whistleblower retaliation. Certain federal wrongful termination laws use a lengthier statute …

What is a "diminished value claim" after a car accident in California?Watch this video on YouTube A diminished value claim, if successful, allows you to get compensation for the difference in the value of your vehicle before versus after an auto accident. Five key things to know about diminished value claims in California are: what …

Holiday Pay in California – Do Employers Have to Pay for Holidays?Watch this video on YouTube Like most U.S. states, California companies are not required to pay overtime/premium pay (“holiday pay“) to employees who work on holidays. Instead, employees earn their regular rate of pay (“straight-time pay”) as they do on any other day. There …

Do car salespeople get paid hourly?Watch this video on YouTube California car salesmen classified as non-exempt employees are not entitled to an hourly wage. Most are paid on a commission basis or at a “piece rate,” though some also make an hourly wage in addition to commissioned earnings. Whether you get paid through commissions or …

The general rule is that California employers cannot take away wage payments.1 This includes sales commissions that have been earned.2 However, employers can carve out exceptions to this rule in the commission agreement, which is an employment contract. These exceptions in the employment agreement have to be tied to the employee’s sales, rather than general …

While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …

Holiday pay is not mandatory in California. However, many employers provide it in their employment contracts. When they do, you are contractually entitled to it. Do any laws require premium or overtime pay for work done on holidays? Not in California. Holiday pay is only mandatory for certain workers in Rhode Island,1 and some employees …

How to Get PAID for Your Vacation Time — Shouse Labor Law AttorneysWatch this video on YouTube In California, you can “cash out” vacation time when you’re discharged, or even while you’re still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a …

Job Abandonment in California — "When Can I Be Fired For It?"Watch this video on YouTube In California, job abandonment is when you stop showing up to work, but without formally submitting a notice of resignation. The law does not specifically define how much work you can miss before your employer can lawfully treat you …

 As a hospital worker in California, you may have special overtime rules. If you are classified as an exempt worker, you are not entitled to overtime (time-and-a-half) pay unless your employer chooses to provide it. If you are non-exempt, you are entitled to overtime pay for working more than: 8 hours in a workday, …