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…
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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…
SB 497: The New 90-Day Presumption For Employees in Retaliation Claims
Introduction California’s Senate Bill 497, known as the Equal Pay and Anti-Retaliation Protection Act, represents a major shift in the legal framework for employees in retaliation claims. Signed into law by Governor Gavin Newsom on 10/8/23, it goes into effect on 1/1/24, amending Labor Code Sections 98.6, 1102.5, and 1197.5 to simplify and strengthen the…
Understanding California’s Overtime Exemptions (2024)
Introduction Navigating the complexities of employment law can be challenging, especially when it comes to understanding overtime exemptions. In California, certain workers are exempted from being paid overtime or getting meal or rest breaks. Understanding these exemptions is critical for employees to ensure they are being improperly misclassified. This blog post delves into the key…
California Supreme Court Rules on PAGA Claims: Trial Courts Cannot Dismiss Due to Manageability
A recent ruling by the California Supreme Court has resolved a contentious issue in labor law: the authority of trial courts to dismiss claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. Background: Diverging Opinions Among Courts There was a split in the Courts of Appeal regarding whether trial courts could…