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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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.

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Motivational Quotes for Work

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.

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 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 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.