Employment Law

What is "quid pro quo" sexual harassment? How to bring a lawsuitWatch this video on YouTube Under California employment law, quid pro quo workplace sexual harassment occurs when a supervisor implicitly or explicitly requests a sexual favor in exchange for a job-related benefit such as a promotion, increased pay, or a favorable performance evaluation. Quid …

"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 …

Crime victims leave in California is time off from work granted to you if you or a family member is the victim of a crime. The purpose of this time off is to attend a judicial proceeding related to your case or any other proceeding where your rights are at issue, such as a sentencing …

"Outside Sales Exemption" in California Employment Law — "When does it apply?"Watch this video on YouTube The outside sales exemption is the California employment law that exempts a company’s “outside salespeople” from certain wage and hour laws that apply to non-exempt hourly workers. These rights include receiving a minimum wage, overtime pay, and rest and …

5 situations when you CANNOT be fired without a good reasonWatch this video on YouTube California is an “at-will” employment state. This means that most jobs can be terminated by the employer (as well as the employee) at any time. It is not necessary that there be a reason given for ending the employment.1 However, …

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 a conviction without making an individualized assessment. The “Ban the Box” law was …

If you have a salaried white-collar job in California, you may fall under the “professional exemption.” This means you are exempt from certain wage and hour protections, such as: minimum wage, overtime pay, and rest and meal breaks. If your employer is misclassifying you as an exempt professional when you are really non-exempt, you are …

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 where you agree to give up certain rights – such as suing for wrongful termination – in exchange for taking the pay. Here at Shouse Law Group, we …

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 — "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 …

As of January 1, 2025, California employers must compensate their computer professional employees with an annual salary of $118,657.43 or more to be exempt from paying them overtime. If paid hourly, computer professionals must receive at least $56.97 an hour to be exempt. In addition, these professionals must perform certain work duties to qualify as …

In California, back pay is unpaid wages for work you performed during a previous pay period. Back pay – also called “back wages” is typically paid in a lump sum or added to your next regular paycheck. If you are owed back pay in California, you can file a wage theft claim with the Labor …

Pay Periods — "When do I get paid?"Watch this video on YouTube In California, a pay schedule refers to the date(s) and time periods when employers are legally required to pay you. If you do not get paid on time, you can bring a claim for back wages plus waiting time penalties. The following table summarizes …

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 Do I Request My Employment Records in California?Watch this video on YouTube An employment records request refers to your right under California Labor Code 1198.5 to ask your past or present employer for your personnel records. This includes your: applications for employment, payroll records, and performance evaluations. You can request your payroll records orally, …

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” …

Arbitration Agreements for California Workers — "Are they enforceable?"Watch this video on YouTube California law permits employers not to hire you if you refuse to sign an arbitration agreement. An arbitration agreement is where you waive your right to sue in the event of a dispute. Here are five key things to know: Arbitration is …

Bereavement Leave in California — 3 Things to KnowWatch this video on YouTube The California Family Rights Act (CFRA) guarantees you (if eligible) five days of unpaid bereavement leave from work after the death of your: Spouse or domestic partner, Child, Parent, Sibling, Grandparent, Grandchild, and/or Parent-in-law. Your employer must also permit you to use …

The executive exemption refers to the California employment law that certain wage and hour rules do not apply to certain executive employees. These include the entitlement to a minimum wage, overtime pay, and rest and meal breaks. For example, an “executive” is not afforded extra pay if they work over 40 hours in a single …

California employers have a legal duty to make reasonable accommodations for your disabilities to help you perform your essential job duties. Examples of reasonable accommodations (RAs) include: making a worksite wheelchair accessible, allowing you to leave work to attend doctor appointments, buying equipment to better accommodate you, and/or restructuring your job duties or requirements. The only …

The administrative exemption is the rule under state and federal law that California overtime laws do not apply to certain administrative employees. The administrative exemption also means that these employees also are not entitled to meal and rest breaks. An exempt administrative employee must: Primarily perform administrative duties,1 Regularly exercise discretion and independent judgment,2 and Earn a …

Jury Duty — "Can my job fire me?"Watch this video on YouTube California law does not require employers to offer paid time off for jury service. That said, if a company has a stated policy of allowing a certain number of paid days off for jury service, then it has an obligation to act in …

What Is "Kin Care Leave" in California? — Shouse Labor Law GroupWatch this video on YouTube In California, you are entitled to use up to half of your allotted sick leave days as “kin care leave.”  This is time off to care for a family member who is ill or who is the victim of …