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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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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 …

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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…

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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…

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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…

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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…

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