Currently Browsing:Uncategorized

New Employment Laws in the Works in California

The State Assembly recently passed six new bills that further protect employees’ rights in the state of California. Below is a summary of those bills AB-51 aims at outlawing arbitration in employment contracts. This bill is likely preempted by federal law (the Federal Arbitration Act) despite its declared intent not to invalidate agreements that are otherwise enforceable

Read More

California Independent Contractor Test Applies Retroactively

In what is deemed to be a big blow to companies, the Ninth Circuit Court of Appeals held that California’s Independent Contractor Test, which was established in Dynamex Operations West, Inc. v. Superior Court last April, should be applied retroactively. This means that the “ABC” test, which makes it difficult for businesses to classify their workers

Read More

$300 Unpaid Wage Claim Results In Additional $57,000 Award To Employee

There’s no such thing as a “small wage claim.” In the case of Stratton v. Beck (2018) 30 Cal.App.5th 901, the employee filed a claim against his employer for unpaid wages in the amount of $303.55. After the hearing, the labor commissioner awarded the employee $303.50 plus $5,757.46 in liquidated damages, interest, and statutory penalties for

Read More

Does your employer require you to call in before your shifts?

California law  requires an employer to pay “reporting time pay.” When an “employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in

Read More

Being a Salaried Employee Does Not Define Whether You’re Entitled to Overtime Pay

Did you know that being a salaried employee does not automatically exempt you from overtime compensation? In order to qualify as an exempt employee (i.e. exempt from overtime, meal and rest breaks, etc.), also known as the “white collar” exemption, a variety of factors must be satisfied. One of those factors requires that the employee earn a

Read More

New 2019 Laws Affecting Employees

California’s employment laws are always evolving and being updated. Below is a list of new employment-related laws that became effective as of January 1, 2019. Copy of Payroll Records (SB 1252) – Existing law already requires that employees have a right to inspect or copy their payroll records and that they must be allowed to do

Read More

Employee vs. Independent Contractor?

Although we’ve posted about this topic on our blog in the past, it’s worth revisiting due to some recent developments in the law. The distinction between employee and independent contractor is an important one in the context of employment law. As an employee, you’re entitled to a multitude of rights under the Labor Code. As an

Read More

New CA Employment Laws Inspired by the #MeToo Movement

The recent #MeToo movement has opened the doorway to new legislation that was recently signed by Gov. Brown. A summary of some of the new laws can be found below. New Requirements For Sexual Harassment Workplace Training Senate Bill 1343 changes the requirements for workplace sexual harassment prevention training in the #MeToo era. The bill amends

Read More

Is Your Final Paycheck Accurate and Timely?

Whether you quit or are terminated from your place of employment, you are entitled to all earned wages due and payable at the time of your separation. If an employer discharges an employee, all wages earned and unpaid by the employee are due and payable at the time of termination. Labor Code § 201(a). Similarly, if you

Read More

Employees: Beware of What You Post on Social Media

August 23, 2018 There has been an increasing trend by employers to turn to social media sites to find information regarding job applicants. A recent CareerBuilder article found the following: 70 percent of employers use social media to screen employee candidates; 54 percent of employers decided not to hire a candidate based on their social medial

Read More