The Harvard-UCSF Report The Harvard Kennedy School and the University of California at San Francisco have issued a report that shows rampant wage violations occurring in California workplaces. A copy of the report can be downloaded here. Some highlights from the report: The report concludes that while California boasts some of the most progressive labor…
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Landmark California Law Now Protects Independent Contractors
One of the common employer defenses we come across when representing employees in wage claims is the “independent contractor defense”. The argument goes, since the worker was only an independent contractor and was never an employee, the worker falls completely outside of the protections of the labor code and his claim must be dismissed. It…
Minimum Wage Goes Up for California Healthcare Workers (Senate Bill 525)
Senate Bill 525 is a legislative measure that enhances the protections for healthcare workers, especially those who are on-call or on standby. This bill is designed to ensure that healthcare professionals are fairly compensated for the periods when they are required to be available to work, even if they are not actually called in to…
Major Changes to California Medical Leave Law
In 2023, significant updates were made to California’s Family and Medical Leave Act (CFRA) through legislative amendments (Assembly Bill 1041). The key updates include: These changes piggyback on a major change in 2021. Before 2021, CFRA applied only to employers with 50 or more employees in a 75-mile radius, limiting access to family and medical…
When Is Fat-Shaming Illegal in the Workplace?
We often get asked if “fat-shaming” or discrimination based on body size is illegal in the workplace. The answer is unfortunately not simple. What Does the Law Say? California’s legal framework, specifically the Fair Employment and Housing Act (FEHA), provides broad protections against employment discrimination and harassment. FEHA prohibits discrimination and harassment based on race,…
What Does the “End of the Fifth Hour” Really Mean? (Or Why Our Break Calculator Isn’t Wrong)
So when it comes to late lunch violations under California labor law, the general public (and from time to time, even some lawyers) like to argue with us about what the end of the fifth hour really means. Our break calculator has been tested many times and it is 100% correct. Even so, some people…
Your Paycheck Is Late Again — Collect Your California Labor Law Penalties.
California labor law provides that an employer can not be late giving paychecks to their employees. The law recognizes how important it is for employees to receive their paychecks on time. Late paychecks could mean being late on rent, on bills or on car payments. Labor Code Section 210, as updated by AB 673 in…
Are You An Employee or an Independent Contractor? A California Labor Lawyer’s Perspective (2024)
Whether you are an employee or an independent contractor depends on more than what your employment contract or offer letter says, whether you get a Form 1099 or W2 at tax time, or even what your boss tells you. The distinction is critical, as employees enjoy the benefits and protections of the California labor code…
Thai v. Int’l Bus. Machines Corp: Court of Appeal Rules Employers Must Reimburse Employees for Work from Home Expenses
In a notable decision from July 11, 2023, the California Court of Appeal held that employees are entitled to reimbursement by their employers for work-from-home expenses such as internet service, phone service and computer equipment incurred due to the COVID-19 pandemic. Thai v. Int’l Bus. Machines Corp. (2023) 93 Cal. App. 5th 364, review denied…
AB1949: California Bereavement Leave
As of 1/1/23, bereavement leave became mandatory in California for certain employers. According to Assembly Bill 1949 (AB1949), which was signed into law by Governor Newsom on 9/29/22, private and public employers in California with 5 or more employees are required to provide up to 5 days of bereavement leave to eligible employees. This leave…