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HOLIDAY PAY AND TIME OFF

As we approach the holiday season, many people inquire about their rights regarding holiday pay and time off under California law. Below is a list of common topics we come across every year.

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EMPLOYERS MAY NO LONGER BE ABLE TO FORCE EMPLOYEES INTO ARBITRATION

On September 20, 2019, the House passed a groundbreaking bill known as the Forced Arbitration Injustice Repeal ("FAIR") that would restore legal rights to millions of American workers. The FAIR Act will ban companies from requiring workers to resolve legal disputes in private arbitration, which prevents workers presenting their case to a jury.

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NO MORE INDEPENDENT CONTRACTORS IN CALIFORNIA

Governor Newsom signed Assembly Bill (“AB”) 5 into law this week, which expands and clarifies the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles…

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NONBINARY PEOPLE GET A VOICE IN THE WORKPLACE

The Equal Employment Opportunity Commission (EEOC), which is an independent federal agency responsible for enforcing federal civil rights laws against workplace discrimination, recently changed its website to address how employers can report workers as…

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NEW LAW ALERT: EMPLOYERS CANNOT DISCRIMINATE BASED ON HAIRSTYLE

The CROWN Act, which stands for Create a Respectful and Open Workplace for Natural Hair, was signed into law by California Governor Gavin Newsom earlier this month. The CROWN Act amends the Government Code to define "race or ethnicity" as "inclusive of…

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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…

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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…

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$300 UNPAID WAGE CLAIM RESULTS IN ADDITIONAL $57,000 AWARD TO EMPLOYEE

Read MoreThere'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 …

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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…

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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…

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