Archive by category: Labor & Employment LawReturn
08

Meal Break Waivers; Are they Legal?

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California law requires employers provide employees a 30-minute meal period for every five hours of work.[1]  Therefore, any employee who works more than ten hours per day is must also be provided with a second 30-minute meal break.   During meal period, employees must be "relieved of all duty" during their meal periods or it is considered an "on-duty" meal period and "counts as time worked.&q...
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25

Calculating Overtime Wages

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Do you receive bonuses at work based on how productive you are or how much you sell? If so, does your employer pay you overtime at a rate that takes those bonuses into account? Under California Law, employers are required to pay at least time-and-a-half an employee’s regular rate of pay for all hours worked in excess of eight in one workday or forty in a single workweek.[1] But for employees who earn non-discretionary bonuses (e.g. Sales Reps), the regular rate of pay should not only includes ...
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“One of the most costly mistakes that an employer can make is failing to pay overtime to an employee who is legally entitled to receive such wages.”[1] Frequently, this mistake occurs as the result of an employer erroneously classifying an employee as exempt. While certain classes of employees are exempt from overtime pay, employers often make the mistake of classifying employees based solely on their job titles, instead of considering the duties that the employees actually perform. ...
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19

Workplace Retaliation Claims Made More Difficult

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It has long been established that an employer cannot retaliate against an employee who opposes an unlawful employment practice under Title VII, e.g., workplace discrimination. However, a recent United States Supreme Court decision made proving a Title VII retaliation claim much more difficult for employees. University of Texas Southwestern Medical Center v. Nassar (2013) 133 S.Ct. 2517 Prior to the recent United States Supreme Court decision, an employee could prove a Title VII retaliation claim...
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26

Can I be Fired for Getting Arrested?

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Getting arrested can have a dramatic impact on you life regardless of your guilt or innocence. Temporary confinement, cost of bail and loss of reputation, these are just a few of the negative impacts an arrest can have your life. But can your employer legally fire you from your job as a result of getting arrested? The California Labor Code prohibits employers from taking adverse action against applicants and employees for an arrest when the arrest does not lead to a conviction. (Labor Code § 432...
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