Do California Employers Have to Pay for Training?
Does your employer have to pay you to attend a training session or the cost of the course? The simple answer is: YES, BUT…it depends on whether the training is required for work, the purpose of the training, and when the training takes place. Although Federal laws eclipse state laws, state laws are often more […]
COVID-19. Your Rights as an Employee
With the situation on COVID-19 evolving almost hourly, employers and employees are closely monitoring the situation, especially in those states that have confirmed cases, such as California. While many of the people infected in the US were passengers on the cruise ship, the Diamond Princess, this virus has been classified as “readily transmittable person-to-person”. But, […]
California Law on Compensation for Employee Bag Check Wait Times
An increasing number of retail employers in California have begun enforcing employee bag checks when employees leave for the day and, sometimes, any time an employee leaves the premises for lunch or breaks. On its face, this is a little intrusive but otherwise legal. However, there is a serious question at play as to whether […]
Do You Have a Wrongful Termination Case?
If you believe that you were fired from your job and you shouldn’t have, you may have a wrongful termination case. Though there are some things that quickly make a case a wrongful termination (such as discrimination), there are others that aren’t as clear. So, do you have a wrongful termination case? Here are some […]
Can You Be Paid For Being On-Call When You Live At Work?
Most of us think of employment as a thing that happens at a place of business. You show up at the store, factory, or office and do your assigned duties for a certain period of time. However, some people’s work schedules are less straightforward, requiring them to spend certain periods of time waiting for their […]
What Your Employer Can’t Do if You Are “Exempt” – Part 2
[Continued from Part 1] Welcome back to the second half of our two-part article on how employers have misused the ‘exempt’ employment classification. Not all employers understand the rules for exempt employees, and many try to exploit the situation and actively defy employment law. Last time, we focused primarily on how employers cannot dock your […]
What Your Employer Can’t Do if You Are “Exempt” – Part 1
Most people (including employers) only know two things about “exempt” employees. First, that they are salaried instead of hourly. And second, that they don’t have to be paid overtime. However, the law is much more detailed in how employers must treat exempt employees in order for them to remain “Exempt”. Just as there are certain […]
Are You Exempt? Really?
An “exempt employee” is one who does not have to be paid overtime. Federal law is quite clear on this matter. You are exempt if one or more of the following is true: You have managing the enterprise as a primary duty, have the authority to hire or fire others and regularly direct two or […]
Bankers’ Hours Getting Misclassified as Not Overtime Eligible
The rules established in the Federal Fair Labor Standards Act (FLSA) are well-known. An employer must establish a workweek and must pay overtime when hours worked exceed 40 hours in the workweek for “non-exempt” employees (not managers, paid hourly). Pay must be at least minimum wage and overtime must be at the rate of time and […]
Overtime Laws Are Affecting California Agricultural Workers and Growers
California farm workers stand to lose $180 (15 hours) weekly income under 2017 legislation introduced by Assemblywoman Lorena Gonzalez, D-San Diego. The workers will earn overtime pay after 8 hours a day and/or 40 hours a week instead of the standard pay for 10-hour days and 60-hour work weeks. The rules will be enforced in […]
