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In California, non-exempt employees are entitled to overtime pay if they work more than a standard workday or workweek. They can be entitled to double time pay, or twice of the employee’s regular rate, if they work for more than 12 hours in a workday, or for more than 8 hours on their seventh consecutive …

10 of the most important rights that employees have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave, minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. Workers in California also have other rights, as well. However, …

In California, the commission agreement controls when, or even whether, an employer has to provide earned commission pay after an employee’s termination. Many California employers use forfeiture provisions that require commissioned employees to be currently employed in order to receive their commission. If there is no forfeiture provision, employees are entitled to receive unpaid commission. …

In California, nearly all employers have to pay commission-based earnings at least twice every month. They typically have to be paid in the first pay period they can be calculated. If the employee has left the company, commission has to be paid immediately. The details should be outlined in the sales commission agreement. Almost all …

Bonus pay can impact overtime calculations for non-exempt employees if it is a nondiscretionary bonus. This would change the worker’s regular rate of pay, which is used to calculate overtime pay. Discretionary bonuses, on the other hand, generally do not alter the regular rate of pay and do not impact overtime. How does overtime pay …

As of January 1, 2020, to be considered an exempt employee in the U.S., a worker must be paid a minimum salary of $684 per week, or $35,568 per year. Exempt workers in California, meanwhile, must be paid a salary that is at least twice the state’s minimum wage. The 2021 California minimum wage is $13.00 …

In some states, minors can be made to register as sex offenders if they get convicted of a sex crime. Minors who have to register can face criminal charges for failing to do so. However, there is a wide variety of rules in different states regarding sex offender registration for minors. For example, in California, …

In California, a statutory employee is a worker who is classified as an employee, rather than as an independent contractor, by statute. There are only a few types of statutory employees in California. If a worker is a statutory employee, they have more legal protections, but their employer has to withhold certain taxes from their …

A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard. “Execution” in this context is when the court carries out the sentence or imposes it. If granted, this motion temporarily stops the trial …

Employees can be disciplined for submitting a timesheet late, or with errors. However, that discipline cannot impact the employee’s pay. Employers are not allowed to delay or dock the worker’s pay for a timesheet mishap. The discipline is limited to warning, suspending, or terminating the worker, and cannot be done in a discriminatory fashion. What …

In California, workers who report their income on a Form 1099 are independent contractors, while those who report it on a W-2 form are employees. Payroll taxes from W-2 employees are automatically withheld, while independent contracts are responsible for paying them. W-2 employees can also receive employment benefits, like workers’ compensation and minimum wage coverage. …

An arraignment is the first formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of a defendant’s arrest if he/she is held in custody. If a defendant is not kept in custody, then the proceeding must typically take place “without unnecessary delay.” An arraignment is the …

Second-degree murder is the unlawful killing of a human being that is done without deliberation and premeditation, but with malice aforethought (or with an intent to commit an act). Under California’s murder laws, five examples of when a prosecutor can charge a person with second-degree murder include when the party: fires a gun into a …

Mistake of age can be a defense to a criminal charge for statutory rape. If a defendant honestly and reasonably believed that the alleged victim was at or above the age of consent, this can serve to negate the crime in certain states and jurisdictions. What is statutory rape? Statutory rape is the crime of …

Loli is illegal under the federal PROTECT Act, so long as the anime is obscene and depicts an identifiable minor engaging in sexual conduct. It can violate child pornography laws in some states, as well. What is loli anime? Loli is Japanese manga or anime that is sexually explicit and involves cartoon characters that are …