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Neither California law nor federal law requires employers to provide severance pay or severance packages upon termination of a worker. However, many companies elect to provide severance benefits either as a courtesy to long-term employees, in exchange for a severance agreement, and/or as a way of minimizing their exposure to potential claims and lawsuits. Severance …
California Labor Code 230 requires all employers with more than 25 employees to provide domestic violence victim leave. This is time off work for victims of domestic violence. This allows victims time to acquire: temporary restraining orders, restraining orders, mental health treatment, medical treatment, or time in a domestic violence shelter. Notifying the Employer Before …
Kin care leave is time provided to employees to take time off work to care for a family member. This allows employees to use up to half of their sick leave for specific family members as defined by California law. Family Members The types of family members covered by the law expanded in 2016, and now includes: a child — …
Employers violate federal law if they fire, demote, harass, or discriminate against you for taking leave under the Family and Medical Leave Act (FMLA). And as long as you meet the employee qualifications, you are guaranteed your same (or comparable) job when you return from leave. Our FMLA lawyers fight to get your job reinstated …
Misclassifying employees as independent contractors deprives workers of minimum wages, overtime pay, and other employee-only benefits. Many employers purposely misclassify their workers as independent contractors just to improve their bottom line. Our independent contractor classification lawyers fight your employer for every cent you are owed plus interest and civil penalties. We can usually achieve a …
Disability discrimination lawyers represent workers who have been fired, demoted, disqualified, harassed, or otherwise discriminated against due to their physical or mental disabilities. Through aggressive negotiation and litigation, our disability discrimination attorneys fight for job reinstatement, reasonable job accommodations, and compensation for lost wages and pain and suffering. Most cases settle out of court, but …
The California New Parent Leave Act — 3 Things to KnowWatch this video on YouTube The California Family Rights Act (CFRA) guarantees you 12 weeks of unpaid, job-protected leave each year as long as (1) your employer has at least five employees, (2) you have been working for them for at least 12 months, (3) …
California employee privacy rights refer to the rights that protect you from employers intruding on your personal affairs and probing into your personal matters. These rights are largely guaranteed by Article 1, Section 1 of the California Constitution, the state Labor Code and other similar statutes. Below our California labor and employment law attorneys will …
A California labor board complaint is where you ask the state to investigate an employment dispute involving improper actions by your employer. There are several state agencies that handle employment grievances (though none is specially named “Labor Board”). Here are five key things to know about filing a California Labor Board complaint: The Labor Commissioner’s …
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 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 he or she works over 40 hours in …
The professional exemption in California makes some professional employees exempt from certain wage and hour laws. These include rights that entitle employees to minimum wage, overtime pay, and rest and meal breaks. An employee is considered “professional” if he or she gets paid on a salary basis, the salary meets a certain minimum level, and …
A pay schedule refers to the date(s) and time periods when employers are legally required to pay their employees. Workers who do not get paid on time can bring a claim for back wages plus waiting time penalties. Here are five key things to know: California laws require most employers to pay employees at least twice …
California’s labor laws require every employer within the State to provide breastfeeding mothers with a lactation break to express milk for their own nursing infant. However, mothers lose this right if either the break causes a serious disruption in the employer’s operations, or, the child is not an infant. The law says that this break …
Commission-based pay? 4 things you NEED to knowWatch this video on YouTube Commission only pay refers to how some California sales employees are paid for their 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 …
Pregnancy discrimination by employers is illegal under both the California Fair Housing and Employment Act (FEHA) and Pregnancy Discrimination Act (PDA). If you are a victim of pregnancy discrimination, you may be able to recover lost wages and benefits, civil penalties, and attorney’s fees and court costs. A type of sex discrimination, pregnancy-related discrimination occurs …
As of January 1, 2023, California employers must compensate their computer professional employees with an annual salary of $112,065.20 or more ($9,338.78 a month or $53.80 an hour) to be exempt from paying them overtime. In addition, these professionals must perform certain work duties to qualify as exempt employees. Examples of exempt computer professionals may …
An employment records request refers to your right to ask an employer, or former employer, for the personnel records that it keeps or has kept regarding your employment. Personnel records include such records as applications for employment, payroll records, and performance evaluations. Employee records generally do not include letters of reference and documents relating to …
Do I have to give 2 weeks' notice before quitting a job in California?Watch this video on YouTube In California, there is generally no requirement that you give your employer two weeks notice, or any notice for that matter, before quitting or terminating a job. Though employers who receive two weeks notice may be more …
There are three main exceptions to Nevada being an “employment-at-will” state. Nevada employers who have 15 or more employees generally may not fire someone for either of the following reasons: The termination breaches a contract between the employer and employee; The termination is a form of discrimination against the employee on the basis of race, …
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, it is illegal for your employer to discriminate against you based on your age. Age discrimination for individuals 40 and over is a violation of both California and federal employment …
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 meal breaks. “Outside salespeople,” or outside sales employees, include any persons, 18 years of age or …
A class action wage and hour lawsuit in California is one in which a large number of employees with the same or similar grievances against their employer sue their employer collectively as a group. A class action suit is appropriate in situations where the employer was, as a matter of course, violating California wage/hour laws …
Employees Who Do Not Get Paid Overtime in California — “Administrative Exemption” (877) SUE-MY-BOSSWatch this video on YouTube 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. …
If you have faced discrimination or harassment in the workplace, our caring California labor and employment attorneys may be able to help. This page lists just some of the types of cases and claims we handle. For more information, click on the appropriate link or contact us for a free consultation. A B C D …