California Employment Law Blog

According to the U.S. Equal Opportunity Commission (EEOC), workplace retaliation continues to be the most frequently filed complaint in California and across the nation. Retaliation claims are often filed after workers experience other forms of discrimination. Federal and state laws protect employees from discrimination over age, disability, race, sex and gender, sexual orientation, harassment, pregnancy,…

Employers commit wage theft in a number of ways, such as not paying minimum wage or overtime, refusing to give rest or meal breaks or failing to follow other wage and hour laws. If you experience any of these infractions, you can submit a claim with the California Department of Labor Standards Enforcement (DLSE). Here…

An economic think tank says workers – especially those whose earnings are at or near the minimum wage – are more likely to experience wage violations during an economic downturn. The Washington Center for Equitable Growth says workers, on average, lose one-fifth of their pay to wage theft. Researchers say even when the economy is…

The Worker Adjustment and Retraining Notification (WARN) Act safeguards workers, families and communities from plant closings or mass layoffs by stipulating that employers give a 60-day notice to employees as well as state and local representatives. The advance notice helps give workers time to transition from the loss of their job to the prospect of…

California’s wage and hour laws allow employers to classify workers as exempt or non-exempt. But, what does that mean, and can a misclassified worker sue their employer? Non-exempt workers are typically paid by the hour, qualifying for overtime, meal breaks and rest periods. Exempt employees are not entitled to the same benefits guaranteed under the…

California is one of a handful of states that requires employers to provide nonexempt workers with a 30-minute uninterrupted meal break if they work at least five hours during a shift. The meal break can only be waived by mutual consent when a shift is less than six hours. A second 30-minute uninterrupted meal break…

Family comes before anything else. And in times like these, California workers need the freedom and flexibility to care for themselves and their loved ones when they need it most. While the Family Medical Leave Act (FMLA), California’s equivalent to FMLA is known as California Family Rights Act (CFRA), grants them this opportunity, some may…

California workers can now stand up for their colleagues in court. That’s due to the recent outcome of the Kim v. Reins International California, Inc. case, which clarified provisions of the 2004’s Private Attorney’s General Act (PAGA). PAGA is a California law that allows workers to act as the state when suing for penalties for…

Getting approved for intermittent FMLA can feel daunting. That’s because it takes a lot of time and negotiation for workers to get what they need. Once they do, however, they have to provide proof over time that their intermittent leave is still valid. In some cases, FMLA-related issues may require workers to be gone longer.…

In October 2019, Governor Gavin Newsom passed a bill banning employers from using forced arbitration agreements. While the policy faces a temporary block in court, AB 51 is another victory for the Golden State’s labor force. AB 51 is in response to several U.S. Supreme Court rulings expanding arbitration agreement and its application in the…