Expectant mothers have special legal protections in the workplace under California employment laws. The Law Offices of Corbett H. Williams has successfully handled numerous discrimination matters on behalf of employees in Orange County and throughout Southern California. Pregnancy Discrimination Although pregnancy discrimination is illegal under both federal and California law, women commonly experience negative impacts…
Employers frequently misclassify workers who legally qualify as employees as “independent contractors.” The distinction between employee and independent contractor is critical because improper classification can result in an employee losing important worker protections and tens of thousands of dollars in wages and benefits. Losses suffered by improperly classified employees often include: Overtime Pay, Minimum Wage…
California employers must reimburse their employees for all costs they incur in performing their jobs. These expenses include the cost of providing a personal vehicle or a cell phone for work purposes. These days, employers are increasingly requiring employees to perform work from home, which almost always requires the employee to have access to the…
Class Actions To Recover Unreimbursed Employee Expenses Section 2802 of the California Labor Code requires employers to reimburse 100% of all “necessary” expenses employees incur in performing their jobs. Section 2802 is one of the most frequently violated California employment laws. California employers must reimburse employees 100% of all expenses that are “necessary” to perform their jobs….
California Employment law requires employers to reimburse employees for all “necessary” expenses they incur while performing their jobs. This rule, embodied in California Labor Code Section 2802, prohibits employers from shifting their costs of doing business onto the backs of employees. What Every California Employee Should Know about Work-Related Expense Reimbursement The most common types…
Know Your Rights Not To Be Underpaid Under California Tipping Laws If you are like many employees in California, you rely on tips as part of your income. Waitpersons, bartenders, bell hops, hotel housecleaning staff, food delivery drivers, and taxicab drivers are just a few of the professions where workers receive tips from customers as part of their…
Laws Protect Employees From Working “Off-The-Clock” Without Compensation California and federal laws prohibit employers from requiring employees to work “off the clock.” Off-the-clock work includes anything that falls within the legal definition of “work” where the employer fails to record the time worked and the employee is not compensated. Employers are liable to compensate for any off-the-clock…
Final Paychecks And Waiting Time Penalties If you quit your job, are fired, or laid off, California laws require your employer to promptly issue you a final paycheck that includes everything you are owed, including all wages, overtime, and accrued vacation and paid time off or “PTO.” If your employer fails to promptly issue a…
Makeup Time And Comp Time In California Makeup time and comp time, also called “compensating time off” give employees who are entitled to overtime (“non-exempt” employees) flexibility so that they can attend to personal matters without using vacation time, and under certain circumstances, allow employees to convert overtime compensation into paid time off. Makeup Time…
California Overtime Rules: Who Gets It And Who’s Exempt? Employees in California who are “non-exempt” are entitled to overtime pay for time worked over 8 hours in a day or 40 hours in a week. This is true unless the employer has adopted an “alternative workweek” schedule in which employees work normal hours of 10 hours per day, 4 days…
What Are Wage And Hour Claims And How Do You Prove One? Wage and hour claims are probably the most common type of claim California employees make against their employer. They generally involve unpaid wages or overtime, but can also include other violations of the labor laws, including failure to provide meal and rest breaks and failure to provide pay…
Common Issues Involved In Wage And Hour Disputes Most people don’t expect to be involved in a wage and hour dispute with the company they work for. However, it’s not unusual for employers to violate wage and hour laws, especially for contract work or jobs that pay by the hour. If you feel that you’re…
How Do I Know If I’m An Employee Misclassified As An Independent Contractor? Employee misclassification has become an increasingly important issue in recent years, particularly with the growth of the service sector and the so-called “sharing economy.” Well publicized misclassification lawsuits have been filed against companies like Uber and Lyft. According to the California Labor Commissioner, at least ten…
Equal Pay For Equal Work: California’s Equal Pay Law According to official findings by the California Legislature, in 2014, the gender wage gap in California was $0.16 on the dollar. In other words, for every dollar a man earned, a woman earned only $0.84. The situation is far worse for women of color. For example,…
Do You Have To Tell Your Employer About Your Pregnancy? What Happens If You Do? If you are pregnant in California, you have some of the best protections under federal and California laws against discrimination in the country. The most important one for California residents is the Fair Employment and Housing Act (FEHA). Even with…
Interviewing For A Job? Follow These Tips On Disclosing Your Disability If you are a job seeker with a disability, you may have additional concerns and worries about interviewing for potential jobs. Should you disclose your disability? Under the California Fair Employment and Housing Act (FEHA) and the federal Americans With Disability Act (ADA), you are protected…
What You Should Consider In Deciding Whether To Disclose Your Disability On Your Resume And Cover Letter While the federal Americans With Disability Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect people with disabilities from discrimination in employment, some workers may be reluctant to disclose their disability. They may worry that disclosing…
Most Common Disabilities Under FEHA And How Employers Should Accommodate Them The federal Americans With Disabilities Act (ADA) gives disabled job applicants and employees protection against being discriminated against based on their disability, and California’s Fair Employment and Housing Act (FEHA) gives them even more protections. Employers are prohibited from not hiring an applicant due…
Quid Pro Quo Sexual Harassment: Illegal Under Federal And California Laws No one wants to be the victim of sexual harassment or any other form of discrimination at his or her job. Fortunately, federal civil rights laws and the California Fair Employment and Housing Act (FEHA) make it illegal for employers to engage in sexual harassment. However, although…
Why Hiring An Attorney Is Essential In Your Employment Discrimination Case If you suspect you are the victim of discrimination at your job, you need to understand your rights under the many federal and California laws that prohibit employers from engaging in these illegal practices. Just like you would not undertake building a new home if you…
What You Need To Know About Filing An Employment Discrimination Complaint With The DFEH If you suspect you are the victim of employment discrimination, you will need to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). Why? The reason is an important…
Common Ways Employers Violated FEHA’s Ban On Disability Discrimination It is illegal under the federal Americans With Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) to discriminate against employees and job applicants based on a disability. If you live in California and are disabled, the FEHA gives you more protections than federal law….
How Does The FEHA Protect You If You Are Disabled And Discriminated Against At Your Job? Being disabled does not mean that you cannot work, have a satisfying career, or be a productive employee that your employer will value. Fortunately, disabled workers are protected from being discriminated against due to their disability under the Americans…
Military And Veterans’ Rights At Work Those who serve our country in the armed services are protected from discrimination and harassment because of their military status. In addition, members of the military have an absolute right to reemployment once they return from deployment. The Uniformed Services Employment and Reemployment Rights Act (USERRA) The most important…
Your Rights At Work If You Are The Victim Of Domestic Violence, Sexual Assault, Stalking, Or A Serious Crime Being a victim of domestic violence, sexual assault, stalking, or a serious crime can be devastating and life-changing. That’s why California law prohibits employers from discriminating or retaliating against employees who need time off from work…
Keep Detailed Records To Support Employment Litigation Claims No employee wants to find themselves the victim of workplace discrimination, harassment, retaliation or other types of illegal behavior. However, when faced with that reality, employees have the right to defend themselves and demand the appropriate, respectful treatment they deserve. One important step in doing so is keeping detailed…
How California Law Protects You If You Sue Your Employer It’s unpleasant to consider suing your employer, but sometimes you have no other recourse. Some employees may hesitate before pursing legal action because they fear the process, length of a lawsuit, retaliation from their employer, and how the lawsuit could impact employment with other companies….
California Legislature Votes Increase Minimum Wage To $15 By 2022 On March 31st, the California Legislature passed a measure that would raise the state’s minimum wage to $15 by 2022. The bill, which Governor Jerry Brown is expected to sign, would would increase the California minimum wage from the current $10.00 to $10.50 on Jan. 1, 2017, then to $11.00…
