What Happens When Employers Make False Promises

A false promise happens when a employer or hiring manager makes a statement on something the company can fulfill or avoid, but cannot or does not want to follow through with. You may bring a fraudulent inducement lawsuit against the employer for false promises for the harm you have suffered.

What to do if your employer doesn’t pay you?

If your employer failed to pay you for all of your work hours, a court could award you back pay. When your employer doesn't pay you, you should consult with an employment lawyer.

What to Do At a Job Fair to Impress Employers and Get the Interview

This article provides guidelines for job seekers to follow to ensure they are successful at career fairs. There are many things you can do to improve your chances of getting hired at a job fair.

Emotional Duress: How to Avoid

Emotional duress is an extremely unpleasant emotional response from someone else's conduct or actions. You can sue for money damages for anguish, or humiliation. This is known as emotional harm or mental anguish.

California Termination Laws

In California, an employee's employment may be terminated at the will of either party. Employees who are terminated must be paid all wages due at the time of termination. 

Late Paycheck Penalty

When your paycheck is late, the employer has to pay a penalty of one day's pay for each day that the paycheck is late, up to a maximum of thirty days.

How To Calm Down Before An Interview

12 simple ways on to calm your nerves before and during an interview is to use relaxation techniques. Before an interview, imagine how you would ideally want to present yourself in the interview and then visualize yourself in the interview.

How to Include a Referral in Your Cover Letter?

Your cover letter should start with mentioning the referral's name because it instantly qualifies you. A referral cover letter helps you to define the mutual contact that has referred you for the job.

Best Job Options For Someone With A Criminal Record

This article identifies jobs for someone with a criminal record; examples are: delivery service, freelance designer, truck driver, chef, etc.

What are Weingarten Rights?

Weingarten rights guarantee an employee the right to Union representation during an investigatory interview by their employer.

What Is Job Rotation: Advantages And Disadvantages

Job rotation is the practice of moving employees between roles or positions in a company. Job rotation temporarily assigns employees to other roles to teach them new skills, learn about other functions within the team, and develop relationships across the business.

What is the meaning of Pay Rate?

Pay rate is the total money a worker receives during regular working hours, excluding overtime. In order words, pay rate, also called salary rate or compensation rate, is the wage amount paid to an employee per hour, per day, or per task completed.

How can part-time or temporary work help you explore career choices?

Part-time or temporary work offers a practical way to explore exploring and understanding what career you want. Temporary work or part time work gives you the opportunity to discover your strengths, preferences, and passions without the long-term commitment required by full-time work.

Understanding Incentive Pay: Definition, Types, and Benefits Explained

Learn how different forms of incentive pay, from bonuses to commission, can drive business success and enhance workforce engagement. Discover the key benefits and best practices of implementing incentive pay strategies in your organization, essential for attracting and retaining top talent.

What Happens When You Get Audited EDD

Gain clarity on the EDD audit process with our comprehensive guide, detailing what happens when you get audited by the Employment Development Department, including steps to prepare and respond effectively." "Navigate the complexities of an EDD audit smoothly with our expert insights, exploring the implications, documentation requirements, and key strategies to manage the auditing process efficiently and confidently.

What is FMLA Intermittent Leave of Absence?

An employee uses their 12 weeks of unpaid leave intermittently under FMLA Intermittent leave, taking it off and on, unlike continuous family medical leave or a reduced work schedule. FMLA leave can be taken intermittently by employees – in separate blocks of time for a single qualifying reason – or on a reduced leave schedule, which involves reducing the employee's usual weekly or daily work schedule, when it is medically necessary.

What is a statutory employee?

A statutory employee is a salesperson, either traveling full-time or based in a city, who represents you and submits orders from wholesalers, retailers, contractors, or operators of establishments such as hotels and restaurants. The merchandise sold should be for resale, or the supplies should be for use in the buyer's business operation. For you, the principal business activity performed must be the salesperson's work.

What Does Staffing Agency Mean?

A staffing agency recruits employees for businesses that are seeking to fill certain positions. A staffing agency is a company that provides employees to work in another company on a temporary or permanent basis. 

Character Reference Letter Sample and Tips

A character reference letter offers employers insight into an individual's qualities and character traits through the perspective of a third party.

Exploring the Evolution of Supreme Court Rulings on Arbitration Agreement

This article explores the complex landscape of Supreme Court rulings on arbitration, particularly focusing on cases since 1997. We delved into key decisions and their implications for employment law and policy statements, providing a detailed analysis of the evolving legal context.

California’s Ban on Mandatory Arbitration in Employment Overturned by Ninth Circuit Court

The Ninth Circuit's decision on AB 51 is pivotal for California employer class action defense attorneys, impacting arbitration agreement enforceability in employment. The ruling aligns state law with the Federal Arbitration Act, underscoring arbitration's role in employment disputes.

What is EEO-1 Reporting? Reporting Requirements, Deadlines, and Penalties

The EEO-1 Component 1 report is an annual mandatory data collection. It calls for all private sector employers of 100 or more employees and federal contractors of 50 or more eligible employees with specified criteria to submit workforce demographic data, inclusive of data by job category, sex and race or ethnicity, to the EEOC.

What is shift differential pay? How It Is Calculated, Who Can Qualify for It, and Its Advantages

Shift differential is an increase in pay rate for working undesirable hours such as nights, weekends, weekends, or holiday. Shift Differential Pay: How It Is Calculated, Who Can Qualify for It, and Its Advantages

8 Types of Work Shifts

Work shifts can be categorized into various types, including Day Shifts, typically covering standard daytime hours; Night (or Graveyard) Shifts, operating during late-night to early morning; Swing (or Afternoon) Shifts, spanning late afternoon to late evening;

What happens if employers get caught working under the table?

If an employer is caught paying employees "under the table" – that is, in cash without providing paystubs or deducting taxes – there can be serious legal and financial consequences such as back taxes, penalties for not reporting wages, criminal charges, labor law violations, and employee lawsuits.

What Is Unpaid Time Off and How To Create A Company Policy For It

Unpaid time off is time away from work an employee can take without pay. Employees can use unpaid time off for any reasons such as for illness, vacation, and personal reasons.

How To Calculate Net Pay

Net pay is calculated by subtracting all deductions, such as taxes, Social Security, Medicare, and any other voluntary or mandatory withholdings (like retirement contributions or health insurance premiums), from the employee's gross pay.

California New Employee Forms

California companies must provide newly hired employees with forms, including employee withholdings.

Final paycheck law in California

In California, if an employer fires an employee, an employer must pay a final paycheck on the same day the employee is fired. If an employee quits employment, an employer is required to pay a final paycheck within 72 hours of the last shift.

What Is Time and A Half?

Time and a half mean an increased rate of pay for overtime hours, over 8 hours per day or those that exceed the 40-hour work week.

How To Calculate Time And A Half

To calculate an employee's overtime rate of pay, multiply the time-and-a-half rate by the number of overtime hours the employee worked to find the overtime wages due.

Travel And Expense Policy Best Practices

A travel expense policy is a set of company guidelines that informs employees what travel expenses are reimbursed by the company.

Sample Character Reference Letter of Recommendation Template

A character letter of recommendation describes a person's aggregate of moral qualities, behavior, and personality by which a person is judged.

California PTO Laws

California does not require employers to provide their employees with paid time off (PTO). However, if an employer offers PTO, under California law, earned paid time off is considered wages.

What is a company’s handbook?

A company handbook is a manual that gives employees guidance on the company's policies, expectations, procedures, working conditions and behavioral expectations.

Employee Time Card Laws California

Under California law, employers must record and maintain accurate time records. If an employer wants to make changes or corrections to an employee's time card, it must be initialed by the employee.

What are examples of age discrimination?

Age discrimination can include comments, jokes, gestures, conducts, drawings, and business decisions based on an employee's age.

What is the law for meal breaks and rest periods in California?

Nonexempt California employees must be given a rest break in the middle of each four-hour work period and a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours.

Workplace Harassment: How To Identify and Prevent

Workplace harassment is unwelcome conduct that is based on a worker's disability, age, national origin, gender, sexual orientation, religion, color, or race.

Types of Employee Benefits

Employee benefits are employee compensation packages that include types of benefits such as retirement plans, 401k, disability insurance, health insurance, and paid time off.

How Long Is Maternity Leave in California?

The California Family Rights Act (CFRA) allows eligible employees up to 12 weeks of unpaid to bond with a newborn child or to care for a seriously ill family member.

California Minimum Wage By City

This article provides the minimum wage for cities in California with a higher minimum wage than the state of California.

Bullying in the Workplace: Is It Legal and Can You Sue?

Bullying in the workplace is not actually illegal in California; however, workplace bullying is illegal in California when its words and conduct touch these topics: race, ethnicity, pregnancy, national origin, age, gender, sexual orientation, disability, and religious belief.

Are No Rehire Policies Legal in California? [2023]

California banned “no rehire” policy that bar workers who settle discrimination and harassment cases from working for that employer again.

CA Pregnancy Disability Leave 2023-2024

In California, pregnancy disability leave (PDL) is time off work employees take while disabled from pregnancy. An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to 10 to 12 weeks based on the following conditions of your pregnancy and delivery: Without medical complications.

FMLA Intermittent Leave: FAQs Answered

A FMLA Leave in California is where employees may take FMLA intermittent leave in separate, non-consecutive periods due to a single qualifying reason. Intermittent leave can also be taken in increments of small than half days.

HR Skills That HR Professionals Needs To Have

One of the most critical HR skills that every HR professional needs is creativity in managing workers and their concerns.

How To Prepare for An EDD Audit

This article provides tips for preparing an EDD audit to improve the likelihood of your success.

What Is a Hostile Work Environment? (Examples and Lawsuit)

A hostile work environment occurs when the words or actions of a coworker, manager, or supervisor have a severe negative impact on an employee's ability to do their work.

Do You Have To Give Two Weeks Notice?

There is no federal or state law that requires a worker to give a two weeks notice before resigning from the job.

What Is Age Discrimination?

Age discrimination involves treating an employee or applicant less favorably because they are 40 years of age or older. 

Is Employees Paid in Cash Legal?

It is not illegal for employees to be paid in cash if there is a pay stub and tax deductions.

WARN Act CA (Mass Layoff Protection for Workers)

California WARN Act protects workers, their families, and communities by requiring companies to give a 60-day notice to the affected workers, state, local representatives before a mass layoff or closing a plant.

Is Overtime Mandatory in California?

In California, employers have the right to require employees to work overtime and can fire an employee for refusal.

Double Time vs Overtime – Difference in California

Double the employee's regular hourly wage for all hours worked in excess of 12 hours in a workday and for all hours worked in excess of 8 hours on the seventh consecutive day of work in a workweek.

What is paternity leave?

Paternity leave is an employee benefit where a new father is given a period of several weeks or months to stay home from work to bond with a newborn child.

Are You Required to Have 8 Hours Off Between Shifts?

California employment law does not require a minimum number of hours  off work between shifts.

What is payroll?

Payroll means paying employees for their work which is total amount of money an employee receives from the employer.

What is FEHA?

FEHA stands for Fair Employment and Housing Act which prohibits discrimination in all aspects of work and housing.

Reasons Unemployment Is Denied

EDD may deny your unemployment benefits if you cannot verify your identity, quit, were fired for misconduct, or did not work long enough.

How To File A Workplace Harassment Complaint

A job harassment or discrimination complaint may be filed in person or online with the Labor Department or EEOC office.

Elderly Discrimination Examples

Age discrimination, also known as ageism, generally manifests as older workers being terminated, harassed, or refused promotion due to their age.

What is California 4 Hour Minimum Pay Law?

California's 4-hour minimum shift rule, known as reporting time pay, requires employers to pay workers who report to work but are not allowed to work all their pre-scheduled hours.

Can you collect workers’ comp after being fired?

Yes, you may collect workers' compensation benefits after being fired from the job where you suffered an injury at work.

EDD Audit: What to Do

Minimize the penalties and fines by contacting an experienced EDD audit attorney for a free consultation.

What is CA SDI? Who Qualifies and Eligible?

SDI is a partial wage-replacement insurance plan for eligible California workers. SDI is a deduction from employees' wages.

How long do you have to pay an employee after termination?

If an employee is fired or discharged from employment, they must be paid their final paycheck on the same day as termination.

Organizational Design Guide and Creation

Organizational design is the creation, execution, and administration of a strategic plan for shaping the way a company is structured and run.

What Is Organizational Development? (Benefits, Goals, & Steps)

Organizational development is a planned, systematic change in the operations or values of employees to create overall growth in a company.

What Are HR Best Practices?

HR best practices are a set of Human Resources Management processes and actions that are universal principles that help optimize and legitimize any business to which they are applied.

is it illegal to be scheduled less than 8 hours between shifts?

Existing California law does not have a minimum amount of hours between shifts; however, employees have rights such as rest, meal breaks, overtime pay, and double-time pay.

FICA Tax Rate 2022

The FICA tax rate for 2022 is 7.65% which is the combined Social Security rate of 6.2% and the Medicare rate of 1.45%.

What is co-employment: how to minimize risk?

Co-employment is a contractual relationship where a professional employer organization (PEO) and a business share employment responsibilities such as job duties and payroll.

Concepts of HRM (Human Resource Management)

The concept of HR Management includes recruiting workers, managing workers' performance, development and learning, pay and benefits, human resource information systems, and HR data analytics.

California Lunch Break Law Labor Code 512

California employees must be given a uninterrupted meal or lunch break for a minimum of 30 minutes for shifts longer than five hours.

What Is Job Analysis: Meaning, Purpose, Description, & Duties and Responsibilities

In short, the meaning of job analysis involves gathering details of duties and responsibilities about specific jobs for the purposes of writing a writing job descriptions, hiring the right worker and training your teams.

What is age discrimination in the workplace? (Examples)

Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

Gender Discrimination In Workplace: Examples, Types, and Proving

Sex discrimination at work means treating someone or a group (an applicant or employee) unequally, negatively or disadvantageously on the job based on their gender, including sexual orientation. 

What is FITW Tax?

A FITW tax or Federal Income Tax Withholding is a federal income tax that is withheld from a worker's wages.

What is HRIS? | Human Resources Information System

A human resources information system or HRIS is a software that helps employers and companies automate and manage HR processes.

9 Box Grid: What is it and how to create

The 9 box grid is a HR management tool that managers provide objective, unbiased evaluation of employees who are divided into nine groups, based on their potential and performance.

Letter of Recommendation Template & Samples

A recommendation letter is a brief recount of your experience and vouches for the capabilities, character traits, and overall quality of the person being recommended.

Workplace Investigation Attorney

Our employment attorneys are experienced investigators in workplace investigations for employers and HR departments.

9 Steps on How To Conduct A Workplace And Employee Investigation

A guide on how to conduct a workplace investigation.

HR Functions: What Does HR Do?

Human resources department's HR function include planning, coordinating, and directing the administrative function of a company and its workers.

What is Organizational Citizenship Behavior? (Types, Benefits, & Examples)

Organizational citizenship behavior (OCB) is an employee's voluntary and discretionary contribution within a company that is not expected as part of the employee's formal job duties.

What Is HR Analytics and How To Get Started

HR Analytics (Human Resource Analytics) is the process of collecting, analyzing, and applying employee data to improve a company's workforce performance and business outcomes.

Learn About Performance Management (What is it and How to Get Started)

Performance management is the process of continuous communication and feedback between supervisors and their workers concerning job duties, development planning, performance expectations, priorities, and job responsibilities.

Workplace Investigation Services in California

Comprehensive HR and workplace investigation service for your company concerning internal employee misconduct.

Employee Relations: Tips and Strategies

Employee relations means interactions among employers and employees to build positive relationships and promote a sense of community within a company.

Workplace Harassment California: Prevention Guide

Employment attorney's guide on how to prevent and investigate reports of harassment, including sexual harassment.

EDD Audit: FAQs Answered

The United States government and the California Unemployment Insurance Code (CUIC) allow the Employment Development Department (EDD) to carry out tax audits of California companies.

Joint Employer Concerns and Liability

Joint employment by companies is a problem for a secondary business when the primary employer violates wage and hour laws.

For Employers: How should HR handle a complaint of harassment in the workplace.

When an employee makes a complaint of harassment in the workplace, the employer or HR should take immediate action by conducting an investigation and then informing all parties of the result of the harassment investigation.

15 Steps for HR to respond to a sexual harassment and discrimination complaint.

When faced a company or employer faces a sexual harassment or discrimination complaint, learning the procedure on how to respond to the complaint may protect the complaint from a lawsuit.

Joint Employer in California

Under the joint employer (aka: joint employment) rule, a worker can sue a a company other than the direct employer for wage and hour violations.

Workplace investigations in California

In California, a person who is not an employee of a company that conducts a workplace investigation must be an attorney or licensed private investigator.

How does HR handle harassment?

The company, through HR, should say "Thank you" to the complainant and approach the complaint with a supporting, respectful, and welcoming attitude instead of aversion, resistance, or alarming.

CFRA vs FMLA – What are the differences?

The CFRA and the FMLA are state law and federal laws that allow workers to take unpaid, job-protected leave. CFRA is California law and FMLA is a federal program.

A guide for employers to respond and investigate sexual harassment complaint.

Every sexual harassment complaint must be taken seriously and immediate response from the employer by thanking the complainant and asking her to share more details, then interviewing all parties and witnesses and taking immediate action.

How to handle an employee sexual harassment complaint.

When an employee makes a sexual harassment complaint, you should carefully collect evidence by interviewing witnesses and analyze the facts of the company's workplace anti-harassment policies. Most importantly, treat the complaining employee with compassion and respect.

Sample Contract Termination Letter

This termination of contract letter is a sample to be used in a business relationship to give notification of canceling a contract.

Meal Period PAGA Penalties: PAGA Penalties for Missed Meal Breaks

For every missed meal break, the employer must pay the employee one-hour premium pay. Also, when the premium pay was not paid, the employer must pay waiting time penalties equal to a day's wages for each day the final pay is not provided to the employee, up to a maximum of 30 days.

PAGA Lawsuit vs Class Action

PAGA enables wronged employees to act as “private attorney generals” acting on behalf of the California Labor Commissioner file lawsuits against their employers for Labor Code violations.

Constructive Discharge California

Constructive discharge occurs when an employer’s conduct effectively forces an employee to resign.

Wrongful Discharge in Violation of Public Policy

Wrongful termination from employment is tortious when the termination occurs in violation of a fundamental public policy.

Is it a legal requirement to have an employee handbook?

Employers are not legally required to provide workers with an employee handbook. However, federal and state laws require companies to provide employees with information about workplace rights, sick leave policies, paid time off (PTO), etc.

How do you create a company handbook?

An employee handbook is a document a company shares with employees to communicate expectations of work and policy and explain benefits. The employee handbook should include a statement that summarizes each policy and procedure.

California Termination Checklist

Under California law, employer must provide to employee: Notice to Employee As To Change In Relationship, Final Paycheck, Notification of Coverage Options, Notice of COBRA Continuation Rights, COBRA Election Notice, HIPP Notice, and Notice of Retirement Benefits.

California Law on Hiring Minors

California's child labor law protects almost all minors under 18. Minors who are 16 and 17 years old may work 4 hours per day on any school day and 8 hours per day on nonschool days.

How do you respond to a PAGA Notice?

PAGA requires that new claim notices, responses, and specific court documents be filed with the Labor and Workforce Development Agency (LWDA). To minimize the settlement amount you pay, there are six things you must do after receiving a PAGA notice letter.

How do you respond to a PAGA lawsuit?

Upon receiving a PAGA notice, an employer should immediately contact an employment attorney with experience defending PAGA lawsuits. Responses to PAGA claims must be filed online, with a copy sent by certified mail to the aggrieved employee or their attorney.

What is an employee handbook?

An employee handbook provides information and detailed guidance on the company’s workplace code of conduct, policies, procedures, values, expectations, working conditions, and behavioral expectations.

Fair Labor Standards Act (FLSA) Exempt vs. Non-Exempt [2023]

The Fair Labor Standards Act (FLSA) is the law on determining the exempt or nonexempt status of jobs and overtime requirements. Exempt employees are not entitled to overtime pay. Nonexempt employees are entitled to overtime pay. This article will educate you on how to  determine or classify except and non-exempt employees.

Employee Handbook – What to include and how to write one

An employee handbook should include the company’s mission statement, the purpose of the employee handbook, at-will employment, contractual disclaimer, policies, and procedures.

Should all employers have an employee handbook?

Without a handbook in place, a business potentially faces heightened liability risks. An employee handbook can be a valuable communication resource for both the employer and the employee.

Use it or lose it vacation policy California

California does not permit use it or lose it vacation policy. The employer must pay the employee at his or her final pay for all  earned and accrued and unused vacation days.

What is Premium Pay?

Premium pay is an employee's hourly rate (straight time rate) and nondiscretionary wages such as hiring bonuses, performance bonuses, working holidays, overtime pay, missed rest breaks, or missed lunch breaks. 

What are some examples of hostile environments?

Examples of hostile work environments include victimization, discrimination, sexual harassment, harassment, violence, inappropriate behavior, or offensive behavior qualifying as unwelcome conduct.

Breach of Employment Contract

An employment contract breach can occur because the employer or employee breached a written contract, implied contract, or verbal contract. The employment contract sets out legally enforceable terms and conditions that govern the working relationship between the employer and employee.

Is it illegal to get paid under the table?

Yes - get paid under the table means paying wages to employees by cash, check, or other compensation with the intent to evade paying payroll taxes. In California, failure to report wages to any government agency is illegal.

What are California at-will employment exceptions?

The five California at will employment exceptions are: misrepresentation or fraud, retaliation, discrimination, implied contract, and public policy.

California Wrongful Termination Statute of Limitations

The California statute of limitation for wrongful termination is 2 or 3 years, depending on why you were wrongfully terminated from your job. If the wrongful termination is based on contract, the statute of limitation is 4 years.

What Gross Misconduct In The Workplace?

Gross misconduct means an employee's conduct is unethical or unprofessional that is deliberate, indifference, reckless, willful, wanton, or intentional to an employer's interest.

What is Supplemental Pay?

Supplemental pay is additional payment an employer made to an employee in addition to the regular base pay.

What are Pretax Deductions?

A pre-tax deduction is any money subtracted from an employee's gross paycheck before taxes are withheld. Pretax deductions may pay for the employee's benefits, including money for retirement plans, life insurance, and health insurance.

What Is Back Pay?

What does back pay mean? Back pay is wage payment for work performed in the past where payment was not made at the time work was done.

What is hourly to salary?

Hourly to salary means converting an employee's hourly pay to salary. To calculate hourly to salary, add the total hours an employee works per year, and multiply it by the employee's hourly wage. For example: for an employee who is paid $20/hr and works 1500 hours, the hourly to salary conversion is:  1500 hours X $20 per hour = $30,000.

12 Things You Need to Know About the Doctor’s Note For Work Law

When Do Employees Need to Provide a Doctor’s Note? If an employee requests FMLA leave, then they need to provide a doctor’s note, regardless of the anticipated leave duration.

Can employer require a doctor’s note to return to work?

Whether your employer can require a doctors note for you to return to work depends on two things: 1) Does the company's written policy require a doctor's note after missing work for a specified number of days; and  2) how many days were you absent from work.

FLSA Overtime Calculation

Under the FLSA, calculate overtime by multiplying the employee's “straight time rate of pay” by all overtime hours worked; then add one-half of the employee's “hourly regular rate of pay” and multiply all overtime hours worked.

WARN Act Notice by Email

Yes, so long as the WARN notice sent by electronic mail email is specific to the individual employee, and comply with all requirements of the WARN Act requirements regarding written notifications.

Warn Act Requirements

The WARN Act requires employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.  An employer who violates WARN ACT is liable to each employee's wage or salary and benefits up to sixty days.

What To Expect When You Give Your Two Weeks Notice

Your employer may terminate your employment right away, permit you to work the full two weeks, or offer you a raise to stay.

How to put in your two weeks.

We’ll cover what you need to know about how to give your two weeks’ notice in the most professional way. The first step on how to put in your two weeks notice is to read the company's employee's handbook. 

Two weeks notice letter

A two weeks notice letter is an employee's resignation letter informing the employer of their intent to resign two weeks from the date of the letter. A two-week notice letter tells an employer that you will leave their company in 14 days.

California Age Discrimination

California prohibits employers from discriminating against employees who are 40 years old or older. It is illegal for an employer to deny any employee benefits or privileges, such as hiring, recruiting, on-the-job-training, promotion, or compensation based on age.

Is California an At-Will Employment State?

In California, the relationship of employer and employee is generally “at will.” At-will means that an employer can terminate an employee at any time for any legal reason without incurring legal liability.

California independent contractor vs employee.

California law AB 5 requires the application of the “ABC test” to determine if workers in California are employees or independent contractors. The basic test for determining whether a worker is an independent contractor or an employee is whether the principal has the right to control the manner and means by which the work is performed.

Age discrimination in California

Employers in California are prohibited from discriminating against employees 40 years old or older based on age with respect to any term, condition, or privilege of employment,

What are the defenses to age discrimination?

A lawyer who defends an employer against an age discrimination lawsuit will assert affirmative defenses, including that the employee was not qualified for occupation, business necessity, or seniority system.

Duties of Receptionist in a Hotel

Two main responsibilities and duties of a hotel receptionist are: 1) Answer telephone calls to provide information, Here are some duties and responsibilities for a receptionist, and 2) Greet and receive walk-in guests.

What is an EDD Audit?

An EDD audit is a payroll tax audit to ensure that a company correctly classified workers as employees, wages made to employees are accurately reported, and protects workers' rights to receive benefits.

What is a Disciplinary Action?

Employer disciplinary action is a response by the employer to problems with unwanted employee behavior or poor performance. A disciplinary action is a reprimand or corrective action in response to employee’s poor performance, misconduct, or rule violation.

What is Employment Status?

Employment status means the rights and protections that employees are entitled to at work based on classification, e.g., full-time employment, part-time employment, temporary or contract employment.

Questions for Performance Review

What are your proudest accomplishments this quarter? Why? What other goals have you achieved? How? What experience, project, or action are you most proud of since the last review?

What Does Basic Pay Mean?

Basic pay, also referred to as basic salary or base pay, means a fixed amount that an employer agrees to pay an employee in exchange for the employee's time, services, and work. In other words, base pay is the hourly wage or monthly salary a company pays an employee for working.

Employee Development Plan – with examples

What is an employee development plan? An employee development plan is a collaborative, actionable list of steps that an employee completes to meet their desired growth plan

What is a Pay Stub?

A pay stub provides a record of an employee’s wages and helps them understand their taxes, contributions, and deductions. A pay stub is what an employer gives to employees with their paycheck, showing the gross pay, itemized deductions, and net pay amount.

Succession Planning

Succession planning is the process of identifying the critical positions within your company and developing action plans for successors and employees to assume those positions. Succession planning involves preparing potential leaders and high performers for possible future roles.

What is Retro Pay?

The meaning of retro pay is compensation added to an employee's paycheck to make up for work performed that wasn’t paid in a previous pay period. Retro pay is unpaid wages an employer owes an employee from a previous pay period. 

What is a Floating Holiday?

A floating holiday is a flexible paid day off that employees can decide when to take. A floating holiday is a benefit some employers offer employees in addition to PTO or paid vacation.

What is Imputed Income?

Imputed income means income attributed to taxable non-cash benefits an employee receives in the form of fringe benefits that are not a part of their wage or salary, such as gym membership, company car, moving expense, life insurance, or tuition.

Gross vs Net Income: Definition and How to Calculate

A gross income is an employee’s total income before taxes and deductions are subtracted. A net income is an employee’s gross income minus taxes and other paycheck deductions.

What is an Employee Evaluation?

An employee evaluation is a method used by managers and human resource departments to review an employee's performance during a set period of time.  An employee evaluation also provides employee feedback, identifies potential training and development, and provides a basis for promotion and pay raises.

What is a Contingent Worker Meaning?

Contingent workers are independent contractors who are people who lend their skills and expertise to a business on a project-by-project or short-term basis. A contingent worker is someone who works for an organization without being hired as their employee.

What is Bi-Weekly Pay?

A bi-weekly pay schedule is when employees are paid every other week on a specific day of the week. It is the most commonly used pay schedule by employers to deliver checks to its employees on the same day every other week.

I Got Audited by Unemployment

The payroll tax audit ensures workers are properly classifed, payments made to employees are properly reported, and protects workers’ rights to receive benefits. If you fail an EDD or California Labor Commissioner audit, your company could be liable to face penalties and interest on the owed taxes.

What Happens if You Fail an Unemployment Audit?

In you fail an unemployment audit, the commission adds a 15% penalty to the tax. If you fail to defend yourself the EDD will impose a significant fine against you and your company.

EDD Unemployment Fraud Penalties

Unemployment Insurance (UI) fraud is a misdemeanor punishable by law and violators may be sentenced up to one year in jail and a $1,000 fine. If the unemployment insurance fraud convictionis a felony, it's punishable by 16 months, 2 or 3 years in a California state prison, and a fine up to $20,000.

How Do I Appeal a Labor Commissioner Decision In California?

The appeal must be filed within 15 days from the date on the certification of service by mail (or 20 days if the ODA was served to an address out of state).

What Does Employee Onboarding Mean in HR?

In human resources, onboarding is defined as the processes in which new hires are integrated into the organization. It includes activities such as integrating a new employee onto payroll, sexual harassment training, company policy, etc.

What are Formal and Informal Communication in Business?

Formal communication is communicating of official information about the business or workplace. Examples of formal communication are reports, business letters, purchase orders, while informal communication are often telephone or in person conversations.

Employee Relationship Management

Employee relations refers to the relationship between or among an employer and its employees. Employee relationship management refers to managing the relation between the various employees in an organization.

Who Are Millennials

Any person born between 1981 and 1996 (ages 27 to 42 in 2023) is considered a Millennial, and anyone born after 1997 are considered Generation Z.

What Triggers an EDD Audit?

Employee registry, employee benefits, and independent contractor filing for unemployment benefits can trigger an EDD audit. Typically an independent contractor filing for unemployment will trigger an EDD audit because an independent contractor is not eligible for unemployment benefits, so the worker’s claim triggers the EDD audit to look into the worker's misclassification as an independent contractor.

Hostile Work Environment

A hostile work environment occurs when the harassment is so severe and pervasive that it causes an employee emotion distress, and negatively affect the worker's job performance. The behavior must be objectively abusive and not merely offensive.

EDD Audits California

The EDD often audits a company if a worker a company classified as an independent contractor applies for unemployment benefits. The EDD audit aims to find inconsistencies and determine if the employer has fully paid the owed payroll taxes under California law.

California Break Laws

In California, non-exempt workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.

California On Call Pay

Yes, employees must be paid at their regular straight-time rate of pay for the period the employee is on standby for work.

Reimbursing employee expenses

Under California employment law, employers must reimburse employees for all necessary business expenses incurred by the employee in direct consequence of the discharge of his or her duties or of his or her obedience to the directions of the employer.

California Independent Contractor Payment Laws

Labor Code section 226.8 prohibits the willful misclassification of employees as independent contractors. An independent contractor is a person or business who provides a specific service to another company in exchange for compensation.

Disparate Impact vs. Disparate Treatment: What are the differences?

Discriminatory employment practices include disparate treatment and disparate impact. Disparate treatment refers to intentional employment practices that discriminate. Disparate impact refers to unintentional employment practices that discriminate.

Do Employers Verify Doctor’s Notes?

An employer has the right to verify that a doctor’s note was issued by contacting the doctor. The employee’s direct supervisor may not contact the doctor’s office to verify.  

California Paid Sick Law

Under California’s Healthy Workplace Families Act, employers shall allow and provide employees to use three days or a minimum of 24 hours for paid sick leave. An employee accrues one hour of sick time for every 30 hours worked.

Doctor’s Note for Work

A doctor’s note is a letter from a healthcare provider that provides simple information about an employee’s illness, medical condition, or injury. An employer may require a doctor’s note for an employee to return to work or for medical leave.

What is a Loli?

Loli means a young girl, underage girl, or childlike female character, particularly in the lolicon genre. The term loli is often used in connection with males attracted to young girls that leans towards erotic characteristic. The loli subculture has its origin in Japanese anime and manga.

What Is Considered Full-Time in California For Health Insurance?

Under the Affordable Care Act, full time hours is 30 or more hours per week or at least 130 hours a month.

Is it legal to work six days in a row?

Under Labor Code 551, all California employees are entitled to one rest day out of seven days. Under Labor Code 552, it is a misdemeanor for employers to require employees to work more than six days out of seven days.

Constructive Discharge in California

In California, the legal doctrine of constructive termination – also called constructive discharge or constructive dismissal – holds an employer accountable for creating or permitting intolerable conditions for an employee that the employee feels no choice but to resign from the job.

Sexual Harassment Statute of Limitations California

The statute of limitation in California for sexual harassment is three years from the date of the last sexual harassment incident.

Examples of Unfair Labor Practices by Management

What is an unfair labor practice by management? Examples of unfair labor practices management include: denying benefits and promotion, retaliatory discharge, launching strike unrelated to working condition, etc.

Toxic Work Environment

A toxic work environment can cause emotional distress even after employee clocks out of work. This stress includes sickness, low morale, and fear of going to work.

FEHA Statute of Limitations

Under FEHA, the statute of limitation for an employee to file a complaint is three years from the date of the wrongful conduct or discovery of the wrongful conduct – whichever is later.

Two Week Letter Notice

A 2 week notice letter is an employee’s letter of resignation to the employer. Although two week notice is not required by law, it is an accepted formality.

Paternity Leave California

California's Paid Family Leave (PFL) program provides partial wage replacement for up to six weeks to bond with a new child.

Random Drug Testing California Law

Under California law, random drug test for employees is prohibited with exceptions. Generally, employees have a constitutional right to privacy which includes the right against random drug tests. The exception to no random drug test is limited to protect public safety concerns.

Settlements for Wrongful Termination

Wrongful termination settlement range from $10,000 to $1,000,000. There is no “average” settlement for wrongful termination. The settlement amount depends on many factors, such as wage lost wage, lost benefits, and the reason for the termination. 

How To Deal With Unfair Treatment At Work

All employees expect to be treated fairly by their employers and supervisors. When an employer treats an employee unfairly at work, it may be discrimination involving illegal discrimination and harassment based on protected characteristics such as disability, age,t gender, national origin, ethnicity, age, or race.

Gender Discrimination California [2023]

California prohibits gender discrimination. It is unlawful for employers to discriminate based on gender, childbirth, pregnancy or conditions related to birth or pregnancy, gender identity, or gender expression.

How To Prove Discrimination In The Workplace

A person may prove employment discrimination with direct evidence, circumstantial evidence, or a practice pattern. Under federal and state law, discrimination in the workplace is unlawful when it involves gender bias, sexual orientation, race, age, etc.

Age Discrimination Laws in the California Workplace

The California Fair Employment and House Act prohibits employers from discriminating against job seekers and employees 40 years or older.

Can you get fired for using sick time?

Under California employment law, an employer cannot deny an employee the right to take sick leave. It is illegal for a California employer to terminate an employee for using sick leave that is accrued and entitled to use.

How does an employer pay a former employees who could not be located?

Employers must use due diligence to track down and pay former employees. If unsuccessful, the money due to employees who cannot be located must be paid into the Unpaid Wage Fund.

Exempt Employee vs Non-Exempt Employee vs Salary vs Hourly

The main difference between a nonexempt employee and an exempt employee is that an exempt employee in California does not have the right to rest breaks, meal breaks, overtime pay, etc.

California Labor Code 512 – Meal Break Law

California Labor Code 512 requires employers to give non-exempt employees unpaid lunch breaks. The lunch break must be uninterrupted and at least thirty minutes. The lunch break must be given to employees who work between five and six hours.

Checklist for How to Fire an Employee in California

Firing an employee in California is as easy as saying, “You’re discharged, bye.” However, companies often fire an employee for seemingly justifiable reasons, which is when the employee’s lawsuit ensues for wrongful termination.

FMLA Wrongful Termination

Under the FMLA, it is a wrongful termination for an employer to terminate an employee who took or is taking FMLA. The FMLA does not cover all employees.

Can you get workers compensation after leaving job or fired?

Many employers and employees are curious if they can file a workers' compensation claim after leaving their job. In this article, we will provide information on workers' compensation claims and address the question: does it make sense for workers to file a claim after leaving job, termination, or fired?

Can Employer Ask for Proof of Disability? Can employers ask what your disability is?

It is frustrating for employers when an employee feigns disability. It is equally disappointing for employees when employers do not believe in the genuineness of a disability. In California, if the employer does not consider the worker's disability obvious, the employer may ask them to bring medical documentation.

California Labor Laws for Remote Workers

It is legal for employees to work from home in California, and subject to the employment laws of the state and locality where they are physically present and working.

Can Employers See Private Facebook Messages?

Technology makes communicating more accessible and more convenient, but many worry about the loss of privacy that comes with online communication. While most of us think our messages at work remain private, the truth is that many employers hold the right to oversee their employees' private work messages.

What is unpaid time off in California?

Unpaid time off is time away from work that employees can take without pay. It includes any absence from work not covered by existing employee benefits such as sick leave

What To Do If Misclassified as Independent Contractor?

Employers need to classify workers correctly, yet sometimes workers are misclassified. This article explains how California employees can deal with and fix the problem of misclassification.

ADA Proof of disability

This article explores whether employers can ask for proof of disabilities and when employees should file a claim against their employers.

How Much Can You Sue an Employer for Misclassification?

Employees everywhere have specific employment rights, and individuals can and should take legal action when they are violated. Unfortunately, sometimes, employee rights are violated because of misclassification.

22 FAQ Answered: Paid Sick Leave for Hourly Employees

Can Employees Use Sick Leave for Personal Reasons? Here are six authorized reasons that employees can use:

12 Tips on How to Pay Employees Cash Legally

Paying employees with cash is an unusual but accepted form of compensation. Compensating employees with cash is legal, yet it is not an efficient manner of payment. In addition, cash payments are not recorded, so businesses must ensure that payroll reporting is accurate.

Can an Employee Be Terminated While on Medical Leave?

It is possible for an employee to be terminated for other reasons while on medical leave. The reasons are...

At Will Employment California

At will employment in California means that an employer may for an employee at any time for any reason - BUT not for an unlawful reason.

What does the Affordable Care Act? Advantages & Disadvantages

In this article, we will look at what the Affordable Care Act covers and the pros and cons of it.

What Is Quid Pro Quo Harassment?

Contrary to popular opinion, even the hint or implication of employment benefits or the giving of employment benefits for the sexual harassment victim’s silence counts as quid pro quo harassment.

My Employer Didn’t Pay Me on Payday

Payday laws in each state vary significantly; we can only provide general information in this article.

California Law on Time Off For Holidays and Holiday Pay

There is no legal requirement for California employers to give their employees time off for holidays. According to the DLSE website, hours for weekends and holidays are treated like weekday hours.

What jobs are exempt in California?

Five common categories of exempt employees in California are: Executive employees, Administrative employees, Licensed professionals, Computer employees, Outside sales employees.

Meaning of Exhaustee and Claimant in Unemployment

The definition of exhaustee is an unemployed person who is applying for unemployment benefits.

Is a Supervisor or Manager Liable For Discrimination or Harassment?

Employees have a right to a workplace free of discrimination and harassment. Federal employment laws prohibit discrimination or harassment based upon the following characteristics:

5 Things To Do If You Believe You Were Wrongfully Terminated

Nobody likes to be fired or “let go,” no matter the circumstances. It means a loss of income and, therefore, a financial strain while you try to find something else.

Workplace Bullying in California

Employers have a duty to ensure their workplace is free of unlawful behavior and bullying. California employers must provide training to their employees to prevent abuse and harassment.

What Is Workplace Sexual Harassment?

Sexual harassment is simply unwanted sexual advances of a verbal or physical nature. Sexual harassment is particularly harmful if it affects the employment of the victim.

Sexual Favors At Work

Requests for sexual favors is sexual harassment and should not be tolerated.

Can you get PTSD from work? What are PTSD symptoms?

If harassment and bullying happen over a long period of time, it can cause PTSD or post-traumatic stress disorder.

What are the 5 Exempt Employee Classification

1. Manager or Executive, 2. Adminstrative Professional, 3. IT Profesional, 4. Inside Sales Employees, 5. Outside Sales Employees.

AB5 Law

California AB5 law states that all company employees are presumed workers eligible to receive W-2s, unless a company can prove that a individuals is an independent contractors, according to the ABC test.

Performance Improvement Plans in 8 Steps

A performance improvement plan (PIP) is a HR tool that help an employee who is falling short and what he can do to improve.

How to Calculate Overtime in California in 7 Steps

For each overtime hour worked an employee is entitled 1.5 times the regular rate of pay. For example, if regular pay is $20 per hour, the overtime pay is $30 per hour ($20 X 1.5 = $30).

Final Paycheck Law in California

In California, an employer is required to pay a final paycheck on an employee's last day of work or within 72 hours of that last shift.

EEOC & FEHA Retaliation Law and Elements

The EEOC laws prohibit employers from punishing job applicants or employees for opposing harassment or discrimination.

9 Things Employers Must Know About Hostile Work Environment

A workplace is an unlawful hostile work environment when conduct creates a work environment that is offensive, hostile, or intimidating to reasonable people.

Race Discrimination Law and Elements

Under Title VII, equal employment opportunity cannot be denied any persons because of their race.

How To Put in Your Two Weeks | Template

A two-weeks notice is your opportunity to leave a job positively and professionally. Employees in California are not required by law to give any two weeks notice to their employer before they quit their job.

How Much Does It Cost to Defend an Employment Lawsuit? [2023]

Defending an employment lawsuit from answering the complain, conducting discovery discovery to prepare for trial can cost an employer between $64,000 and $120,000.