In California, everyone knows at least one person who works for a startup company. Of course, we hear about the perks of working at these trendy companies: stock options, a celebrity chef on staff, nap pods, meetings on trampolines, and a chauffeur service. What we hear less of are the growing pains that come with these young, optimistic businesses. Specifically, just because a startup has big ideas, a CEO featured in Wired magazine, and a giant nest egg of venture capital funding does not always mean that the company is operating lawfully. In fact, whether born from ignorance, a desire to “do things differently”, or an effort to save money, startups can sometimes make significant mistakes at their employees’ expense: Employee misclassification. It is not uncommon to hear that a startup has classified its workers as independent contractors instead of as employees. In addition, startup companies may classify an employees as “exempt” when they do…Read More
No one wants to be known as the person who complains at work or who rocks the boat. We want to work hard, do our best, make money, and get promotions along the way. Unfortunately, there are employers and people in the workplace who engage in unlawful activities, such as discrimination, harassment, retaliation, breach of contract, and wage and overtime violations. In my experience as an employment law attorney in California, I have seen a full spectrum of employer misconduct and few things surprise me anymore. If you feel that your employer has violated your rights, your first call should be to an attorney. Consider the following: Employment law in California is some of the most employee-protective in the entire country. You have some legal rights and protections that no one else in the country has. Yet, many employees in California are unaware of their legal rights, which employers take full advantage of. Employment law…Read More
You work hard and you want to do your best at work. However, we all have our limits and need breaks. If you look at other countries, like Japan, you will see that there is a culture of “death by overwork” in which the physical and emotional strain of working non-stop has actually caused a lot of workers to die. In America, employees generally have legal protections from that; however, that doesn’t stop some employers from trying to overwork its employees. If you are a “non-exempt” employee, California law mandates that employers allow you rest breaks. California’s Industrial Welfare Commission Wage Order, Section 12 states that “every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period.” The wage orders look at work hours in four hour increments and authorize ten minutes of rest for each four hour block or “major fraction” of…Read More
Today’s workplace looks very different than the workplaces we were used to seeing 10 or even just five years ago. Increasingly, workers are freeing themselves from the confines of traditional office settings and 9-to-5 workdays. This has contributed to the growth of what is being referred to as the “gig economy.” Rather than working one job as a full-time employee, many people are working in shorter-term roles as freelancers, on-demand workers and contractors. Oftentimes, these workers have at least a couple jobs in a given time period, and this isn’t expected to change any time soon. Considering how many people are part of this gig economy, it can be critical to understand why your employment classification as a contractor or employee matters. You may already be aware that there are certain benefits that you don’t receive from a company unless you are a full-time employee, like health care. However, as noted in this article, there are…Read More
You work for your employer in order to make money for your family. In other words, if you choose to spend your time volunteering, you would rather do it volunteering for your church, or Habitat for Humanity, or the Red Cross. Unfortunately, when employers make employees work “off the clock”, that is exactly what they are doing—forcing their employees to volunteer their time. This is unlawful under California’s wage and overtime laws. Working Off The Clock Non-exempt employees are entitled to compensation for every hour they work, to a minimum wage for each of those hours, to overtime compensation when they work more than eight hours in a workday, and to double wages when they work more than twelve hours in a workday. Employers try to get around these laws—and around having to pay overtime—by knowingly compelling their employees to work without pay. Some examples of working off the clock include Not paying an employee…Read More
State and federal laws have long-established wage and overtime laws to protect the rights of working class American employees. These laws include a minimum wage and the right to overtime pay when an employee is made to work more than 40 hours in a workweek. There is however, a loophole for employers when it comes to certain types of employees, known as “exempt” employees. What Are Exempt Employees? The term exempt refers to the fact that these employees are exempt from wage and overtime laws. For these employees, employers are not legally required to pay overtime wages when the employee works for more than 40 hours and does not have to provide meal or rest breaks. There are three basic categories of employees who may qualify as exempt under the law: exempt executive employees, exempt professional employees, and exempt administrative employees. The underlying idea is that these are employees who exercise critical job functions, exercise…Read More
State and federal employment laws provide important rights and protect employees from a wide range of employer misconduct. Whenever there is a conflict between state and federal laws, the more protective laws are applied. When it comes to rest and meal breaks, this is a very good thing for California employees. Federally, there is no legal mandate that employers provide rest and meal breaks for employees during the workday. This is in contrast to the laws of California, which is one of the states that requires that employers receive meal and/or rest breaks if they work a certain number of hours in a workday. What Are Your Meal Break Rights? Employers in California are legally required to provide unpaid (job-protected) meal breaks to employees. Employees who work at least 5 hours in a workday must receive one half-hour meal break; however, these employees have the option of waiving this break. Employees who work ten hours…Read More
When it comes to employment law, arbitration agreements refer to agreements between employers and employees that prohibit harmed employees from filing lawsuits against their employer for violations of their legal rights. Instead, these agreements require that employees to resolve their grievance through arbitration. Employers love arbitration, as it takes their misconduct out of public viewing and prevents a judge or jury from awarding maximum damages against them. This is why employers have historically tried to make arbitration agreements a mandatory condition of employment. In other words, in order for an employee to work, they must sign away their right to file a lawsuit. If you live in California, you are fortunate. Because of imbalance of power between employers and employees, this state takes a skeptical view of arbitration. In fact, the California Courts have established rules that govern whether a mandatory arbitration agreement is enforceable. First, an arbitration agreement must be clear. In Flores v.…Read More
Employees are humans, not machines. They need breaks to rest and eat during their long days at work. Employers are required by law to offer a certain number of breaks based on the employees’ hours. Here are the breaks that should be offered to you: Required Breaks If you work longer than 5 hours, your employer is required to allow a 30-minute meal break and you must be given the chance to take this break by the fifth hour of your work day. If your work day is less than six hours long, you can choose not to take a meal break if both you and your employer agree to it. If you work longer than 10 hours, you must be allowed a second meal break before or at the time of your tenth hour of work. You can only choose not to take a second meal break if your day is less than 12…Read More
California labor laws protect employees from unfair wage and hour practices. If you feel you haven’t been paid proper wages, or you haven’t received overtime pay, you have options. When matters can be resolved internally with your employer, you have the right to file a wage claim with the Labor Commissioner’s Office. Before doing so, it is important to understand what wage claims cover and how to file properly. In California, all employees or former employees of private companies can file a wage claim, regardless of immigration status. Individual claim forms can be filed to recover a range of damages, including: Unpaid wages, including overtime, bonuses and commissions Wages paid by accounts with insufficient funds Final paychecks that are not received Unused vacation hours that were not paid when employment was terminated Unauthorized paycheck deductions Non-reimbursed business expenses Failure to provide meals or rest periods as required by law Failure to receive minimum wage for…Read More
