California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 7

Non-Discretionary Bonuses — "Does my boss have to pay me?"Watch this video on YouTube In California, a bonus is considered to be non-discretionary (and must be paid) if the employer has already promised it and can no longer alter the size or timing of the payment without breaching the agreement. Non-discretionary bonuses are typically based …

Can Kids Work in California? — "What is the legal working age?"Watch this video on YouTube 14-years-old California’s minimum legal age to work is generally 14 years old. That said, anyone under 18 must have a work permit, called a Statement of Intent to Employ Minor and Request for Work Permit. The minor’s school typically …

Political affiliation is not treated as a protected class in California. A bill that would have made it one failed to pass the state legislature in 2021. While political affiliation cannot be the grounds for employment discrimination or harassment, California labor law forbids employers from influencing employees’ voting, blocking them from running for office, or …

Statutory Employee — "Who qualifies?"Watch this video on YouTube A statutory employee in California is a worker whose job is classified as that of an employee by state statute. Independent contractors cannot perform the jobs listed in these statutes. Instead, the law states that any worker who performs these jobs under the circumstances described is necessarily …

Nepotism in the Workplace — "Is it legal?"Watch this video on YouTube In California, nepotism itself is generally permissible in the private sector workplace. Though in the public sector, it is unlawful. Even in the private sector, nepotism can be the grounds for a variety of discrimination claims under state or federal law. When your …

Adverse Employment Actions — What are they???Watch this video on YouTube In California, an adverse employment action is a change in the terms and conditions of your job that puts you in a worse position. It includes anything from termination to something that reduces your benefits, lowers your rank or decreases your chances of a …

Workplace Retaliation — "Can I Sue?"Watch this video on YouTube Retaliation in the workplace happens when your employer takes an adverse action against you for exercising your rights or for engaging in a legally protected activity . Those adverse actions can be overt, like firing or demoting you, or less obvious, like taking away workplace …

Reporting Time Pay — "Should I get paid just for showing up to work?"Watch this video on YouTube In California, you may be entitled to reporting time pay if you show up to work but get sent home before working half of your shift, or work a second shift of under 2 hours. Your employer …

Can My Boss Force Me to Work 7 Days a Week?Watch this video on YouTube Generally, it is not illegal for your employer to require you to work 7 days in a week. However, some states forbid this practice. Where it is allowed, you may be entitled to overtime pay. In some cases, you may …

In California, an employee misclassification lawsuit is a civil case in which you argue that your employer misclassified you to avoid paying overtime or other payroll benefits. If your lawsuit is successful, you can recover your unpaid wages as well as the benefits that you did not receive. In this article, I discuss what you …

 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 …

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 …

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 …

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 law does not require employers 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. …

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 on a “piece rate,” though some also earn an hourly wage in addition to their commission earnings. Whether you are paid on commission or on …

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 …

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 …

In California, you may be entitled to protected job leave under state or federal law if stress impairs your ability to perform your job. This form of stress leave is generally unpaid. However, you may be entitled to paid leave under workers’ compensation or temporary disability benefits. If your employer takes an adverse employment action …

 To prove a case of wrongful termination, you generally have to show that your former employer’s stated reason for the discharge was false, and that your termination was for an illegal reason such as: unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. What is wrongful termination? Wrongful termination occurs …

California Labor Code 2802 requires your employer to reimburse you for all reasonable expenses necessary for doing your job. This includes reimbursing you for any business-required use of your personal cell phone. You are entitled to a reimbursement that reflects a reasonable percentage of the actual cost of your cell phone bill. You are entitled …