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Category: Employment Law

Home Blog Category: Employment Law

Class Action Lawsuits Against California Employers for Failure to Reimburse Cell Phone and Mileage Expenses

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….

Labor Code Section 2802

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…

California Law on Reimbursement of Employee Cell Phone Expenses

California law requires your employer to reimburse you for all “necessary” expenses you incur because of your job. One of the most common job-related costs employees have is the cost of a personal cellular telephone or “smart phone.” Unfortunately, employers often require their employees to have a smart phone so that managers can communicate with…

Everything You Need to Know About California Tip Laws

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…

Should I Be Getting Paid For Off-The-Clock Work?

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…

California Rules on Final Paychecks & Waiting Time Penalties

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 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?

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?

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…

How Employers May Violate Wage and Hour Laws

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…

Am I Misclassified As An Independent Contractor?

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…

California Law on Employee Vehicle Mileage Reimbursement

How Much Does California Law Require My Employer To Reimburse Me For Driving On The Job? California law requires your employer to reimburse you for all necessary expenses you incur because of your job. The most common type of on-the-job expense employees have is the cost of using a personal vehicle. Although there are several…

Equal Pay for Equal Work: California’s Equal Pay Law

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,…

What to Tell Your Employer About Your Pregnancy

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…

Tips for Discussing Your Disability in Your Job Interview

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…

Should I Disclose My Disability When Applying for a Job?

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…

Common Disabilities and How Employers Must Accommodate Them

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…

What Is Quid Pro Quo Sexual Harassment?

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 You Need a Lawyer in Your Employment Discrimination Case

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 to Expect When You File Your Complaint with DFEH

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…

How Employers Violate FEHA’s Disability Discrimination Law

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….

Your Rights as a Disabled Person Under the FEHA

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

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…

Victims Of Domestic Violence, Sexual Assault, Stalking

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…

Record Keeping Is Vital to an Employment Litigation Case

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…

Taking Legal Action Against an Employer

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

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…

US Womens Soccer Players File Wage Discrimination Complaint

U.S. Women’s Soccer Players’ Wage Discrimination Complaint: Women Players Paid Only 25% Of Male Players Despite Generating More Revenue Five prominent members of the U.S. women’s soccer team have filed a wage discrimination complaint against the U.S. Soccer Federation (USSF) with the Equal Employment Opportunity Commission (EEOC). The complaint is based on the disparity in…

Roscoe’s Chicken ‘n Waffles Bankrupt After Employee Lawsuit

Roscoe’s Chicken ‘N Waffles Files Bankruptcy After Getting Hit With A Seven-Figure Verdict For Discrimination, Harassment, And Retaliation The iconic Southern California soul food restaurant, Roscoe’s Chicken ‘n Waffles, filed bankruptcy on March 29, 2016. The filing comes on the heels of a $1,661,800 verdict in a lawsuit by a former employee alleging (among other things) wrongful…

I’m Being Sexually Harassed at Work! What Should I Do?

I’m Being Sexually Harassed At Work! What Should I Do? First of all, you should understand that only some kinds of harassment are illegal. Being a jerk is not against the law even if the jerk is your boss or co-worker. Generally, a boss can “harass” an employee for any reason, so long as its…

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