10 of the most important rights that you have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave (FMLA), minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. All of these protections apply if you are a …
Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages …
10 signs you may be in a hostile work environment are if you or others are being subjected to: verbal abuse such as extreme ridicule or sarcasm, derogatory language, bigoted language or slurs (particularly if you belong to a protected class) inappropriate humor displays of offensive objects or images physical attacks or threatening statements harassment …
If you are a non-exempt employee in California, you must receive overtime pay for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you: Time-and-a-half pay when you work more than 8 hours in a workday or more than 40 hours in a workweek. Double-time pay when you work more than 12 hours in …
Nevada’s RICO law is NRS § 207.400. It outlaws racketeering, which is any criminal activity done as part of an unlawful business such as drug rings, prostitution rings, illegal gambling rings, or other organized crime. RICO cases never stem from a single, isolated event. Instead, Nevada RICO charges involve: two or more racketeering offenses that …
There is no state employment law in California that defines part-time work as being less than a certain number of hours. Instead, it is generally up to the employer to define what “part-time” means. The Labor Market Information Division of the California Employment Development Department has a non-legally binding definition of part-time work as fewer …
In order to file a lawsuit for workplace harassment in California, you have to do 3 things: inform your employer of the harassment, file a harassment complaint with the California Civil Rights Department (CRD), and obtain a “right to sue” letter from the CRD. Only after receiving this “right to sue” letter can you bring …
In California, exempt workers are those who are not protected by wage and hour laws. Non-exempt workers are protected by these laws, giving them rights to overtime pay, a minimum wage, and meal and rest breaks. California labor law determines whether a worker is exempt; not the employer. Here are 10 examples of exempt and …
The California statute of limitations for wrongful termination is two years for implied breach of contract- or public policy violations and three years for FEHA violations, WARN Act violations, or whistleblower retaliation. Certain federal wrongful termination laws use a lengthier statute of limitations. However, many laws require you to file an administrative complaint first, before …
California car salesmen classified as non-exempt employees are not entitled to an hourly wage. Most are paid on a commission basis or at a “piece rate,” though some also make an hourly wage in addition to commissioned earnings. Whether you get paid through commissions or on an hourly basis can alter your workplace rights. In …
In California, the ABC test is one of the tests courts use to determine whether a worker or a vendor is actually an employee vs an independent contractor. Employees have a right to legal protections under state and federal employment law, such as overtime pay, the minimum wage, and other employee benefits. Independent contractors are …
In California, there are 4 primary types of harassment, each with its own legal definition: civil harassment, stalking, sexual harassment, and workplace harassment. In broad terms, each of these involves unwelcome conduct that is either severe or pervasive. Some conduct can fall into more than one type of harassment. Harassment can even amount to a …
The Occupational Safety and Health Administration (OSHA) says that a normal work shift is no more than 8 consecutive hours in a day, with each shift split by at least 8 hours of rest. A normal workweek is 5 such work days.1 However, this is not binding. OSHA does not penalize employers who demand more. …
In California, if you report your income on a Form 1099, you are an independent contractor, while if you report it on a W-2 form, you are an employee. Payroll taxes are automatically withheld if you are a W-2 employee; meanwhile, if you are an independent contractor, you are responsible for paying them. If you …
A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term often arises in employment discrimination cases where an employer unfairly treats an employee on the basis of, for example, the worker’s age, color or religion. The …
If you are a non-exempt employee in California, you are entitled to overtime pay (1.5 times your hourly rate of pay) or possibly even double-time pay for working extra hours. This chart illustrates overtime and double-time pay: Extra pay for non-exempt employees Work that triggers extra pay in California Time-and-a-half pay (“overtime pay”) more than …
An adverse employment action is a change in the terms and conditions of your job that puts you in a worse position. It includes anything from termination to something that reduces your benefits, lowers your rank or decreases your chances of a promotion. Trivial workplace slights do not suffice. You generally have to show that …
California Labor Code 2802 requires your employer to reimburse you for all reasonable expenses necessary for doing your job. This includes reimbursing you for any business-required use of your personal cell phone. You are entitled to a reimbursement that reflects a reasonable percentage of the actual cost of your cell phone bill. You are entitled …
In California, job abandonment is when you simply stop showing up to work, but without formally submitting a notice of resignation. The law does not specifically define how much work you can miss before your employer can lawfully treat you as having abandoned the job. Your employer’s policies may set how long it takes, however. …
As a hospital worker in California, you may have special overtime rules. If you are classified as an exempt worker, you are not entitled to overtime (time-and-a-half) pay unless your employer chooses to provide it. If you are non-exempt, you are entitled to overtime pay for working more than: 8 hours in a workday, 40 …
Employers who offer a severance agreement to induce you to waive your rights must follow special rules if you are over the age of 40. Federal law requires these severance agreements to be clearly written and explicit. You must be given adequate time to review the agreement and cannot be pressured into signing it. Violations …
In California, a sample demand letter for unpaid wages informs your employer of your missed payments and of your willingness to take legal action to recover them. Demand letters should include details about you (the worker), your employer, and your unpaid wages. It should be formal and strongly-worded, but also should be polite and stick …
While federal law does not require employers to pay for work-related expenses incurred by you while working from home, many state laws do. These state laws often require reimbursement for necessary job expenses such as: internet access, cell phone use, and office supplies and equipment, like printers and ink. Covering work-from-home expenses has become a …
There is not a distinction between salaried (exempt) and hourly (non-exempt) workers when it comes to the law of holiday pay. Both types of employees are only entitled to PTO (or premium holiday pay) if their employer offers it as a matter of company policy. There are no state or federal laws that mandate holiday …
Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …
