As the California economy continues to reopen and adjust to a slightly new standard, employers and employees continue to seek resolution to various employment issues. Today’s California workers are taking action to resolve employment violations and seeking resolution through the court system. 5 Common Types of Employment Law Violations in California’s Workplaces: Misclassification as Independent Contractors Failure to Pay Wages for All Hours Worked Failure to Pay Commissions for Sales Misclassification of Workers as Exempt from Overtime Paid Sick Leave When California Employers Misclassify Employees as Independent Contractors: Employees are granted various legal rights, including minimum wage, medical benefits, paid sick leave, and overtime pay. These protections are not given to independent contractors. Complying with federal employment laws affording employees these rights generates additional costs for employers; some attempt to avoid these costs by misclassifying their employees as independent contractors. Some California employers misclassify employees to cut back on expenses, but others do so by…Read More
Following the coronavirus pandemic and the various shutdowns across the country, many employees went from full-time in-office to working full-time from home. The change occurred so quickly for many Californian workers they weren't left much time for questions or research regarding their new situation. Many now have privacy concerns and questions about the legality of monitoring employees completing their work as telecommuters. Some California Employers Monitor their Telecommuting Employees' Computers One of the main concerns employers have with a telecommuting workforce is whether or not their employees are doing their job - completing their assigned tasks. Some employers now depend on surveillance programs and applications that provide a report based on monitoring a worker's productivity. Should Employees be Concerned if an Employer is Monitoring their Home Computer? The rapid increase in telecommuting employees seems a natural precursor to increased productivity monitoring app use. Still, many are becoming more and more concerned about the legality of…Read More
California law provides important protections for employees and applicants older than 40. Age discrimination in the workplace has been around as long as any other form of discrimination, but it's harder to prove. This particular type of discrimination is usually more subtle than other forms of discrimination. Additionally, older workers may hesitate to report what happened to them, not realize they're experiencing discrimination, or fear the repercussions of reporting the offense. However, these aren't the only difficulties associated with age discrimination claims; age discrimination can also be challenging to recognize. Employers are Prohibited from Engaging in Age Discrimination Age discrimination occurs when an employee or a job applicant is treated less favorably due to being 40 years of age or older. While not all forms of age discrimination are legally prohibited, in many cases, California employers are legally prohibited from engaging in age discrimination. Age Discrimination in California Workplaces Isn't Always Obvious: Age discrimination can…Read More
California's Equal Pay Act was passed in 1949. California enacted the Fair Pay Act in 2015 to address issues left unchecked by the initial legislation. Do you know how California's Equal Pay Act impacts your paycheck? Does California's Equal Pay Act Impact Your Paycheck? If you live and work in California, you've probably heard of California's Equal Pay Act. The Equal Pay Act passed in 1949 aimed to close the wage gap between men and women. However, the original legislation included significant loopholes. What About California's Fair Pay Act? In 2015, California enacted the Fair Pay Act to strengthen the Equal Pay Act. California's Equal Pay Act (and other legislative changes that followed) significantly improved the chances of success when California's workers file wage and hour claims against their employers. If you need help deciding how California's Equal Pay Act and Fair Pay Act apply to your employment situation, contact an experienced employment law attorney…Read More
If you are a California worker and you are terminated from your job, you should know a few things about wrongful termination and California labor law. California Labor Law Protects Workers Who Are Wrongfully Terminated: Wrongful termination occurs when an employer fires an employee for an illegal reason. If you are wrongfully terminated, you can sue your employer to recover damages. Sometimes, a California employer will have to pay significant extra penalties and costs for wrongfully terminating an employee in violation of labor law. Common Grounds for a California Wrongful Termination Lawsuit: Discrimination: The laws enforced by EEOC protect you from employment discrimination when it involves: unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40+), or genetic information. Whistleblower Activities: Whistleblowing refers to an employee reporting illegal or unsafe conduct at work to the appropriate authorities. For instance, a whistleblower could report…Read More
When an employee discloses information about alleged wrongdoing in the workplace (or dangers to workers or others outside the company) that is not being appropriately handled, it's called "whistleblowing." Most of the time, whistleblowing scenarios relate to behavior or activities inside a company, but sometimes it can apply to outside vendors, customers, suppliers, etc. Why Do Whistleblowers Need Specific Protections? When an employee goes to their employer's human resources department and reports a problem, danger, or wrongdoing, they put their job, reputation, and in some cases, physical well-being on the line. They're putting themselves at risk to report criminal activity, violations of the law, fraud, environmental or public safety threats, etc. to stop the danger. Laws are in place to protect their rights and keep them safe from harm and retaliation to reduce the risk. Reduce the Risk: What Does a Whistleblower Need to Know? Rights of a Whistleblower: Get in touch with an experienced…Read More
Many California employers provide payment to their workers by commission. A commission is a payment the worker earns by completing a particular job or task. How Do California Workers Earn Commission? One common example of a commission-based payment system is receiving a specified payment (or commission) upon completion of a sale. Many California employers offer their employees sales commissions. A sales commission often equates to a percentage of the total sale or the contract the salesperson brings to the company. Commission payment is frequently used as an incentive to increase productivity for employees engaging in "selling" for California employers. Some California employers may even provide 100% of their payment to sales staff based on commission. In other cases, sales reps may receive a salary with additional bonuses and commissions earned by completing specific tasks. In California, Commission is Legally Defined as a Form of Wages: In California( and many other states), a commission is defined…Read More
A hostile work environment is a place of work in which the words or actions taken by the employer, a supervisor/manager, or a co-worker (or multiple individuals in the workplace) negatively impact another employee’s ability to do their job. But how do you know when a “negative” work environment or “unlikable” work environment takes that final step and officially becomes a “hostile” work environment? How to Identify a Hostile Work Environment: The U.S. Equal Employment Opportunity Commission (EEOC) recognizes a work environment as hostile when it meets certain legal criteria: Negative Treatment: Unwelcome conduct or harassment occurs (based on race, sex, pregnancy, religion, ethnicity, disability, age, or genetics). Extensive Time without Improvement or Change: The harassment/unwelcome conduct is long-lasting. The Severity of the Bad Conduct: The harassment/unwelcome conduct is severe enough to be recognized as intimidating, offensive, or abusive. How to Legally Establish that a Workplace is Hostile: In order to legally establish that a…Read More
At the height of the COVID-19 pandemic, it was difficult to find a workplace that wasn’t experiencing big changes as an effect of the situation. The business landscape was effectively changed within only a 3-6 month span. One of the biggest changes implemented by a vast number of California employers was the implementation of temporary work-from-home accommodations for employees who could complete their job duties from home. Even employers who adamantly opposed telecommuting embraced it in order to avoid shutting down entirely. Temporary Work-from-Home Situations that Are Sticking Around Initially, temporary work-from-home assignments were a matter of survival for most companies. Desperate employers had every intention of bringing their workforce back to the office full-time post-pandemic, but now that the lockdowns are no longer in force, and California workers have the freedom to work in the office again - many are choosing to stay home. And many of their employers are on board. California Businesses…Read More
Employers have some wiggle room when they design their pay structures and policies. Still, they are governed by strict federal and state laws that regulate the overall payroll process and define employees' rights, including overtime pay. Are You Getting the Overtime Pay You Deserve? In California, non-exempt employees should be paid one and one-half times their regular pay rate for all hours worked over eight hours in any workday and over 40 hours in the workweek. In addition, employers are required to provide double the employee's regular pay rate for all hours worked over 12 hours in any workday and for all hours worked over eight on the seventh consecutive day of work in one workweek. 5 Signs You Aren't Getting the Overtime Pay You've Earned: Are you getting paid the overtime pay you deserve? Watch for some of the common warning signs below. These warning signs could indicate that you aren't being paid according to…Read More
