Employment Law Articles

Learn and discover the latest useful employment law articles for practical information, DIY, and ideas from a network of leading business and corporate lawyers.

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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.

Is a termination letter required in California? [2024]

Yes, employers must give a termination letter called a Notice to Employee of Change in Relationship upon terminating an employee.

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.

Resignation Letter Example

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?
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