California is an employment-at-will state. This means that either an employer or an employee may terminate employment at any time, with or without cause or prior notice. California's Labor Code contains a presumption that employees are employed at will. Yet, even at-will employees are protected by state and federal wrongful termination laws. The burden of proof is on the employee to show that the discharge was wrongful and, therefore, illegal. Wrongful termination is typically defined as the discharge of a worker for an unlawful reason, usually some violation of federal or state law, or public policy. The damages that a worker may recover for a wrongful termination claim in California depend on the lawsuit. Generally, they include lost wages and benefits; compensation for emotional distress, as well as other pain and suffering that arises from the loss of your job; and even attorney’s fees. Over time, California labor law has shaped several exceptions to the…Read More
Employer misclassification of workers as independent contractors has hurt workers and the states where they live and work in many significant ways for several decades. Annually, it costs federal and state government agencies billions of dollars in revenue. Misclassification deprives workers of rights under federal and state labor and employment laws. These include laws that provide anti-discrimination and wage and hour protections, as well as unemployment and workers’ compensation benefits. To thwart employer misclassification, many states have adopted the ABC test to determine employee status. The Protecting the Right to Organize (PRO) Act is federal legislation that would establish the ABC test in federal labor law. The result would be stronger protection for all workers’ right to organize and collectively bargain. The Bill was passed by the House of Representatives in March of 2021. It now is in the Senate. The last decade has seen society’s transcendence to a “gig economy” as services such as…Read More
If you are injured in any type of accident caused by the negligent or intentional conduct of another party, you have a right to be compensated for your losses. Personal injury plaintiffs sue for compensatory damages and, in some cases, punitive damages. There are two types of compensatory damages – special and general. Punitive damages are awarded in very rare circumstances. They are intended to punish the defendant and are not related to the type of loss suffered by the plaintiff. General damages are those damages awarded for non-monetary damages incurred that flow naturally from an accident. These damages compensate plaintiffs for the harm that is "generally" suffered in an accident. All personal injury victims typically have some amount of general damages or else they do not have a personal injury claim. General damages are hard to quantify. Special damages are those damages awarded for the out-of-pocket expenses incurred as a result of an accident. They are…Read More
In straightforward terms. Successfully asserting a right to collect damages in a personal injury case means proving that another party’s negligent conduct caused your injuries. However, it is a bit more complicated since negligence requires proof of a list of elements. California law defines ordinary negligence as the failure to use reasonable care to prevent harm to oneself or others. Defendants accused of negligence in California are legally responsible for the harm they cause if they performed some action that reasonable persons would not do in the same situation or if they failed to do something that reasonable persons would do in the same situation. The following is the classic list of elements required to establish negligence. Many jurisdictions combine these elements into four, even three, elements. Duty Negligence law judges the choices that we make to engage in conduct as right or wrong, proper or improper. These choices are deemed wrong or improper only if they breach a preexisting…Read More
California employers must establish a regular payday and are also required to post a notice of the day, time, and location of payment. An employee who is discharged must be paid all wages, including accrued vacation, immediately at the time of termination. Here are answers to some frequently asked questions about paydays, pay periods, and final wages. How frequently must a California employee pay its workers? Subject to some exceptions, employers must pay workers twice during each calendar month on days designated in advance by the employer as regular paydays. Can an employer pay an employee in cash? Yes. The employer must give the employee a separate writing showing required information such as: Gross wages earned Total hours worked If the employee is paid on a piece-rate basis, the number of piece-rate units earned and any applicable piece rate All deductions Net wages earned The inclusive dates of the pay period The name of the employee…Read More
Federal and state employment laws protect California employees from workplace discrimination. This means that if your employer subjects you to unlawful negative treatment based on your membership in a protected class, you may be able to file an employment discrimination claim. While federal laws protect certain classes from discrimination and harassment, California state law extends these protections to additional classes of people. What are California Protected Classes A “protected class” is one of the foundations of anti-discrimination law. The legality of some misconduct may be based on whether it is motivated by the victim’s membership in a “protected class.” In an employment law context, the application of the concept of protected classes may determine the legality of an employee’s termination. It may also determine whether mistreatment is merely bullying or harassment, the latter being illegal. Under federal law, it is illegal for an employer to discriminate because of your: Race Sex Color Age (40 and older) Religion…Read More
While some states mandate that employers must pay workers for unused vacation time when terminated, most states utilize a “use-it-or-lose-it” system where current employees are not compensated if they fail to use vacation time. However, employers may still choose to pay workers for unused time off under an employment contract. Thus, in this situation, an employee may be entitled to compensation either through state law or contract. Employers have the freedom to contract within applicable state contract law. This includes the right to regulate the accrual and payment of vacation benefits in an employment contract. If the employer and employee agree to the contract, it is binding on the parties. California law considers vacation time as a form of wage. This includes paying the worker for unused vacation days and sick leave. California requires employers to pay for unused paid time off (PTO) when terminating a worker. Therefore, employers must pay employees any unused vacation pay in the paycheck for their final pay period. However,…Read More
The COVID-19 delta variant continues to surge despite vaccination rates rising in more places throughout the country. Here are answers to some frequently asked questions about California employment law relating to COVID-19 testing and vaccination. Is an employer required to compensate an employee for the time spent obtaining a COVID-19 test or vaccination? If an employer requires employees to obtain a COVID-19 test or vaccination then the employer must pay for the time it takes for the testing or vaccination, including travel time. Why? Because this time would equate to “hours worked” as defined as the time during which a worker is subject to the control of an employer. May an employer require employees to submit to a medical test to detect the presence of the COVID-19 virus or antibodies before permitting employees to enter the workplace? Under the FEHA, an employer may mandate a medical examination when it is job-related and consistent with business…Read More
California employers are legally required by Labor Code § 226 to provide accurate, itemized wage statements showing “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.” A California employer, semi-monthly or at the time of each payment of wages, must provide to employees, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing. This itemized statement must show the following information: gross wages earned, total hours worked by the employee, the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, all deductions, net wages earned, the inclusive dates of the pay period, the name of the employee and only the last four digits of his or her social security number…Read More
Meal and rest break compliance is often a problem for many California employers. California workers must understand any California laws that apply to meal and rest breaks. Here are some answers to frequently asked questions about California’s requirement that employers provide meal periods to their employees. What are the basic requirements for meal periods under California law? Under California law, an employee must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry). How does an employer satisfy its legal obligation to provide a meal period? Employers must do more than simply make a meal period “available.” Generally, to satisfy its obligation to provide a meal period, an employer may not impede or discourage employees from using their meal period and an employer must: relieve employees of all duty, relinquish control over their activities, and permit them…Read More
