The Federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) prevent companies from discriminating against those employees and applicants who are over 40 years old. Age discrimination in the workplace is prevalent; however, sometimes, it can be difficult to prove. Particular circumstances of age discrimination in the workplace become apparent when the employee: ...belongs to a protected...

Workers are presumptively employees when they provide a service to a company.  However, sometimes companies will intentionally misclassify an employee as an independent contractor, and not an employee, in order to deny the employee rights, benefits, and protections that accompany employee status under California law.  This is not legal and California has specific laws in place to avoid these cases.  An employer who violates...

When picturing sexual harassment in the workplace, a common image that comes to our minds is that of an employee making repeated unwanted sexual advances to a coworker. While much of the sexual harassment in the workplace consists of these situations, they are not the only type.  Conducts that qualify as sexual harassment Sexual harassment is any behavior that involves unwelcome actions of a sexual nature with explicit or implicit...

Under California wage law, employers cannot ask employees to work "after hours" without compensation. After-hours work is work that employees do, with the knowledge of their employer, and without pay. The California Supreme Court has previously determined that even working a few minutes before or after registering is a time for which a worker is entitled to compensation. Our employment attorneys at Proxy Law Firm can help you assert your...

Certain employers try to cheat the system in order to save money. One of these ways is by misclassifying employees as “exempt.” Others employers may pay attention to their operation, but may unintentionally make a mistake. Whatever the reason, misclassified employees may be missing on benefits and payments they deserve by law. It’s essential to determine whether or not you are being misclassified!  What Are the Differences Between...

There are many ways to receive payments from an employer. Your employer can cut you a check, deposit money directly into your account with your permission, or hand you an envelope filled with cash.  Getting paid in cash is legal ONLY IF your employer complies with employment laws and provides you a paystub.  The paystub must contain specific information including the name of your employer, your hourly rate of pay, how many hours you...

If you work in California, you should be aware of the rights you have as an employee. For example, did you know that if your shift is longer than five hours, you are legally entitled to a 30-minute meal break before your fifth hour of work ends? That's right – you are entitled to rest and meal breaks if you work over a certain number of hours. California Rest and Meal Break Laws Rest and meal breaks are essential for maintaining your...

Are you working long shifts and weekends but aren’t getting paid overtime pay because your employer classifies you as salaried? This may be a violation of your legal rights. There are laws that mandate how overtime pay is handled and which employees can be rightfully classified as salaried. If your employer has wrongfully classified you as salaried, you may have a case for unpaid overtime wages. Why Would an Employer Classify Me as...

In California, employers are required to reimburse their employees for reasonable business expenses. That means if an employee uses their own money for business-related expenses, they should be paid back in full. California Law Related To Employee Expense Reimbursement California Labor Code Section 2802 outlines the responsibilities of employers when reimbursing an employee for necessary business expenses. The law does not specify what...

Today’s workforce is much more aware of discrimination than in previous years. Unfortunately, there are certain types of discrimination that are still a huge problem. One of those types is age discrimination. Age discrimination occurs at an alarming rate in workplaces all over the United States. Let’s take a look at what age discrimination is and how the law protects employees.   What is Age Discrimination? Age discrimination...