California - Page 11

“Commission-Only Pay” for Sales Employees in California

"Commission-Only Pay" — Is it Legal in California?Watch this video on YouTube Commission-only pay refers to how some California sales employees are paid for work and/or services. In this arrangement, you earn a commission, or an amount of money, when you sell something. This amount is determined by either: the quantity of items you sell, or …

Can you sue for food poisoning? How to Bring a Lawsuit

Food Poisoning at a Restaurant or Grocery Store? You May Be Able to File a LawsuitWatch this video on YouTube The law allows you to file a food poisoning lawsuit against all the companies and people responsible for your illness. Typical damages include compensation for medical bills, lost work, pain and suffering, and punitive damages. …

California “Release of Liability” Waiver – Is It Enforceable?

Can You Still Sue if You Signed a Liability Waiver? — Top Injury Attorney Breaks Explains the LawWatch this video on YouTube In California, release of liability waivers are enforceable contracts in which you assume the risk of injury for potentially dangerous activities. You may be required to sign a liability waiver as a condition …

Negligent Hiring, Supervision & Retention – The Law in California

Negligent Hiring, Supervision & Retention — When You Can SueWatch this video on YouTube California law makes an employer liable for an employee’s negligence, recklessness or intentional wrongful acts when the employer knew or should have known that the employee was a risk to others. This legal principle is called negligent hiring, negligent supervision, or …

How do I sue a teacher or a school district in California?

School Lawsuits — "When Can You Sue a School?"Watch this video on YouTube To file a lawsuit against a school district requires the filing of a notice of complaint under the California Tort Claims Act. The act sets forth specific requirements which must be strictly followed, otherwise, the lawsuit may be dismissed. Filing a lawsuit …

Political Affiliation Discrimination – What is it and is it illegal?

Fired for Political Affiliation? "Can my boss fire me for my politics?" -Top Labor Attorney ExplainsWatch this video on YouTube California’s laws against employer political activity or affiliation discrimination, Labor Code 1101 and 1102, prohibit employers from setting any policy that prevents employees from engaging in political activity or running for political office, or that …

Workplace Parental Leave for School Activities in California

Parental School Activities Leave in California — Can I Leave Work to Attend School Functions?Watch this video on YouTube California Labor Code Section 230.8 entitles employees to take up to 40 hours off work each year for their children’s school activities. The law applies to employers with 25 or more workers and to employees who …

California “Ban the Box” – What Job Applicants Need to Know

Job application: Can they ask about my criminal record?Watch this video on YouTube California has a “Ban the Box” law that prohibits employers with five or more employees from inquiring into your criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny you because of …

California’s Domestic Violence Laws – A Quick Legal Guide

In California, you face domestic violence (DV) charges for allegedly physically harming an intimate partner. According to Penal Code 13700, “intimate partners” include your current or former: spouse, fiancé(e), or registered domestic partner, co-parent, or boyfriend or girlfriend, whether you live together or not. If no visible injury results, the D.A. would charge you with …

Disability Discrimination in California – How to File a Lawsuit

Disability Discrimination in California — "Can I Sue?"Watch this video on YouTube Workplace discrimination based on disability is prohibited under both California and federal law. Despite strong protections under the law, disability discrimination remains a significant issue for many California workers. In this article, our California labor and employment attorneys explain what you need to …

Whistleblower Retaliation Protection in California – A Guide to The Law

Whistleblower retaliation in California — How to fight back with a lawsuit against your bossWatch this video on YouTube California whistleblower protection laws prohibit your boss from retaliating against you for reporting workplace violations. Even if you turn out to be wrong, you are protected from retaliation as long as you reasonably believed your reports. …

Severance Pay in California – What You Need to Know

A stack of one hundred dollar bills sits on a typical office desktop. There is a note attached to the money that reads "severance pay".

Severance Pay in California — Top Key Facts Explained by Labor Law AttorneyWatch this video on YouTube California employers may choose to provide severance pay to laid-off workers even though the law does not require it. Many severance packages also include a separation agreement in which you agree to give up certain rights—such as suing …

Pregnancy Discrimination California – What are my rights?

Pregnancy discrimination by employers is illegal under both the California Fair Housing and Employment Act (FEHA) and the federal Pregnancy Discrimination Act (PDA). Between these two laws, California companies with at least five employees are forbidden from using your pregnancy as an excuse to either: Fire or demote you, Not hire or promote you, Deprive …

“Age Discrimination” in California – How to Bring a Lawsuit

Age Discrimination in California — "Can I be fired for being too old?"Watch this video on YouTube If you are 40 years old or older, both federal law and California state law protect you from “age discrimination” in the workplace. Signs of age discrimination are being demoted, fired, or passed over for a promotion for …

Bringing a Lawsuit for Unpaid Overtime in California

If you are a non-exempt employee in California, you can sue your employer for failing to pay you overtime wages that you have earned. You are entitled to overtime (OT) – which is 1.5 times your regular rate of pay – for working more than: 8 hours in a workday, 40 hours in a workweek, …

“Gender Discrimination” in California – How to bring a lawsuit

Gender Discrimination at Work — "When Can I Sue?"Watch this video on YouTube It is against the law for an employer to discriminate against you based on sex or gender. It is also against the law for an employer to pay you and a co-worker of the opposite sex different wages for equal work. If …

How long is maternity leave in California?

Maternity Leave in California — "When is it required?"Watch this video on YouTube Under the California Family Rights Act (CFRA), employers with at least five employees must provide 12 weeks of unpaid maternity leave to new moms who worked at least 1,250 hours in the last year for the employer. It does not matter whether …

Non-solicitation agreements in California – Are they enforceable?

Are Non-solicitation Agreements Enforceable in California?Watch this video on YouTube Non-solicitation provisions in employment contracts are usually unenforceable under California Business and Professions Code 16600. This means your former employer generally cannot stop you from hiring current employees or soliciting current customers, though courts have made some exceptions. Here are three key things to know: …

Paternity Leave in California – A Primer for New Dads

Paternity Leave — Do Dads Get Time Off from Work in California?Watch this video on YouTube New dads in California are typically eligible for up to 12 weeks of unpaid, job-protected paternity leave. This leave is available to new biological fathers, male partners of a pregnant woman, surrogate fathers, adoptive fathers, or foster fathers. Here …

Immigration Retaliation: Threats of Deportation for Calling Out Labor Violations

Immigration Retaliation — "Can My Boss Threaten to Deport Me?"Watch this video on YouTube California law forbids employers from retaliating against non-citizen employees just because they raise legitimate concerns about illegal employment practices, wage and hour violations, or unsafe workplaces. Employers who contact ICE or otherwise retaliate against immigrant workers for engaging in “protected activities” …

Employment Discrimination Based on Medical Conditions

Medical Condition Discrimination — When it Can Lead to a LawsuitWatch this video on YouTube It is against California and federal law for an employer to discriminate against you because of a medical condition. Employers are required to provide reasonable accommodations if you have a medical condition unless doing so would result in an undue …

Labor Code § 203 – Penalty for Late Final Paychecks

If I am fired, does the company have to pay my final paycheck immediately?Watch this video on YouTube California Labor Code § 203 requires employers to pay a waiting time penalty when they fail to provide final paychecks to employees who are terminated or who quit. The penalty is equal to the employee’s daily wage for …

“Conditional Offer of Employment” – What Does It Mean?

Conditional Offer of Employment — Know Your Rights!Watch this video on YouTube A conditional offer of employment is a job offer that is contingent on you first meeting certain conditions or requirements before starting the job. The conditions often include successfully passing certain aptitude tests, background checks, drug screenings, or physical exams. Conditional job offers may also …

Damages in California Wrongful Termination Cases

Wrongful Termination Lawsuit — "What damages can I sue for?"Watch this video on YouTube When a California employee prevails in a wrongful termination lawsuit against a former employer, they will be awarded monetary damages. These wrongful termination damages may include: Lost wages and benefits; Compensation for emotional distress, physical pain, and/or loss of professional reputation; …

Work Off-The-Clock in California – Is Your Employer Stealing Your Time?

California wage and hour laws forbid working “off-the-clock”, defined as doing a job for a company with their knowledge but without financial compensation. Employees who worked off the clock without pay can sue for back wages and pain and suffering. Here are five key things to know: Working just a few minutes before or after …