Determining whether a worker should be classified as an employee or independent contractor has always been a challenging task that frustrates our clients. There are a variety of legal “tests” that are used in different contexts in order to make that determination. A worker can be considered an independent contractor by one state agency but… Read More
Posts Categorized In: Employment Law Advice & Counsel
California already has one of the most generous and employee-friendly overtime laws in the country. Employees in California earn overtime anytime they work over 8 hours in a day OR 40 hours in a week. Overtime is paid at 1.5 times the employee’s regular “rate of pay.” Calculating an Employee’s Regular Rate of Pay But,… Read More
Since its passage in 2004, California’s Private Attorneys General Act (“PAGA”) has been a weapon used by employees and their lawyers across California. PAGA allows one “aggrieved employee” to sue his/her employer in a representative capacity and to recover penalties and attorneys’ fees for technical violations of the California Labor Code suffered by that one employee… Read More
When U.S. President Donald Trump signed the Tax Cuts and Jobs Act into law last month, everyone was focused on the corporate tax cuts and — especially here in California — the reduction of the deductions for mortgage interest, state income taxes, and local property taxes. But lurking in the new tax law was a… Read More
Many Californians celebrated the arrival of 2018 standing for hours in long lines at their local pot dispensary. That’s because the 2016 law legalizing recreational marijuana in California — known as Proposition 64 or the Adult Use of Marijuana Act (AUMA) — officially became effective on January 1, 2018. On that date, residents of municipalities… Read More
California law has not (yet) recognized weight as a protected category along with race, gender, gender identity, religion, sexual orientation, medical condition, and many others. However, more than 25 years ago, the California Supreme Court held that an overweight employee could qualify as a “disabled” under California’s Fair Employment and Housing Act (FEHA) — and,… Read More
In June 2017, the San Francisco Board of Supervisors passed the “Lactation in the Workplace Ordinance.” This was the nation’s first-ever law requiring employers to have a workplace lactation policy that ensures employees get lactation breaks and have access to a “lactation accommodation space.” This new ordinance, which goes into effect on January 1, 2018,… Read More
With all of the recent news surrounding workplace sexual harassment and sexual misconduct by politicians, news anchors, celebrities, and other high-profile persons, it comes as no surprise that a California court has weighed in on the issue of workplace sexual harassment.
What happens when an employer inadvertently hands out pay stubs that the employer does not realize are missing some required information? Well, given that this is California, you can probably guess the answer.
According to a 2016 study by the Williams Institute at UCLA, there are over 220,000 transgender adults in California. California has just taken a major step towards protecting their employment rights. On October 15, 2017, California Governor Jerry Brown signed SB 396. Known as the “Transgender Work Opportunity Act,” SB 396 makes California the first… Read More