Agricultural workers who are currently in the State of California are protected under the federal Migrant and Seasonal Farmworkers Protection Act. Two agencies in California offer these protections: the Wage and Hour Division and the Occupational Safety and Health Administration (OSHA). Each of them enforces different rights: #1 Wage and Hour Division The Wage and Hour Division enforces the following rights: The right to...

FEHA protects all workers with medical conditions from being fired. This applies to employees with health problems, medical conditions, or physical/mental disabilities.  Protecting employees with disabilities FEHA protects against failing to "make reasonable accommodation for a known physical or mental disability" § 12940(m)(1) and prohibits against failing "to engage in a timely, good faith, interactive process with the...

Independent contractors are those who provide goods or services to other people or businesses. Independent contractors are self-employed and usually treat the individual or company that retains them as customers or clients (they can have multiple of them). True independent contractors are not subject to the company's control or guidance. Why Do Companies Misclassify Employees As Independent Contractors? Simply speaking, classifying an...

If you provide a good service, it is more than likely a customer will leave a nice tip. But what happens with that money? Tips are a huge part of the service industry, and there are some misconceptions about them that can affect workers. For example, who can receive and keep it? Can employers distribute it as they think it's best? California has certain takes as a state that are different from others. Here are some crucial facts about...

Both California and federal laws prohibit discrimination in the workplace based on race, color, ethnicity, or national origin. This includes discrimination based on all employment practices, such as placing ads for positions, promotions, working conditions, and terminating employment. Discriminatory behavior is considered illegal when adverse actions are taken concerning employment terms and conditions, including payment of wages, position,...

Should You Stay On The Job Site During Your Breaks? California laws prohibit an employer from forcing you to stay on-call during rest periods. This means they must relieve workers of all duties and have no control over how or where employees spend their breaks.  How do rest time and meal breaks work in California? Under California law, employees are entitled to a 10 minute rest time after working four hours or more in a...

The laws of the state of California require that non-exempt employees receive overtime payments under certain circumstances. The majority of non-exempt employees are paid on an hourly basis, which makes calculating the overtime payment easier.  How sure are you that your company is correctly calculating your payment? If you are not 100% confident, an excellent way to verify this is to identify your eligible overtime hours and figure...

Women working in California receive payments from 41 cents to 80s cents for every dollar paid to Caucasian men. Total losses are calculated to reach more than $87 billion a year for women in the state. California has had the Equal Pay Act since 1949, but a few amendments were made recently to the act in remarkable ways.  What does the Equal Pay Act say? The new Equal Pay Act forbids employers from paying any employee wage rates...

California law presumes an employee to be a non-exempt employee. Non-exempt employees are workers who must be paid on a wage and hourly basis because their job duties do not fall within an overtime exemption.  Non-exempt employees are eligible for overtime, rest, and meal breaks and are subject to California's minimum wage laws. The burden is on the employer to prove that an employee meets an exemption from overtime provisions. United...

What is disability discrimination? Disability discrimination is the mistreatment of an employee because of a physical or mental disability. California laws forbid employers with five or more employees to discriminate against: Physical disabilitiesMental disabilitiesMedical conditionsGenetic conditions In order to receive protection, an employee must be able to do the essential functions of their job. If an accommodation is needed,...