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Misclassification

Many noteworthy class action lawsuits have come down to an employer misclassification of nonexempt employees. Let’s look at the facts.

In the US, generally there are two types of employees- ‘exempt employees’ and ‘non-exempt employees.’ The difference? The most significant differentiation is with the issue of overtime work. The Fair Labor Standards Act (FLSA) is the federal law that regulates these distinctions. The FLSA states that employers are obligated to pay at least minimum wage for up to 40 hours per week as well as overtime pay. It also specifies that exempt employees are not entitled to overtime pay.

CALIFORNIA LAW

“While California law has more rigorous standards than federal law, federal law still warrants some attention. For one thing, the Department of Labor Standards Enforcement (DLSE) has indicated that, although there are differences between the state and federal exemption standards, the federal regulations may serve as a guide where there is no conflict.”https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx
Continue reading “Exempt Employee or Non Exempt Employee That is the question!”

In California, Is it legal to be fired for taking a Vacation?

For many of us, our summer vacation is the most important time of the year. It doesn’t matter where you go, just as long as you can get away from the stress of everyday life. Yet for some Californians, they have never had that time away to take a vacation. The reasons- for some their finances won’t allow it, for others they don’t have paid vacation days.

There is no law that requires employers to give employees a paid vacation.

Yes, and in fact some companies have terminated workers if they take trips at inopportune times. Most employers won’t fire employees who take a vacation — but it can happen, particularly in the California, where the majority of non-union employees are freelancers or at-will, which means that you can be fired for any reason, as long as it is not an illegal reason, such your;  gender or race.

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Metoo

In the fall of 2017, increased yet unreported sexual harassment and abuse in the workplace ignited a movement against sexual harassers and abusers. It was called the #MeToo movement. Now women and men alike can speak out about their experiences on social media with the hashtag #MeToo.

In response, California legislators introduced a bill designed to change the way that the state handles sexual harassment cases. Under current law, sexual harassment must be “severe or pervasive” to be a violation. According to an experienced sexual harassment lawyer, this reading of California law is based on a 2000 federal appellate court ruling. But under Senate Bill 1300, which was authored by Senator Hannah-Beth Jackson, this ruling will no longer be the law in California.

Critics of the ruling — including the California Employer Lawyers Association and Equal Rights Advocates — have stated that it allows perpetrators to get “one free grope” without consequences. Governor Jerry Brown signed the new law, which allows employees to file a sexual harassment claim for just one incidence of harassment, after it passed the legislature. It goes into effect on January 1, 2019.

S.B. 1300 also forbids confidentiality or non-disclosure clauses that would prohibit employees the right to discuss unlawful in the workplace. In addition, the law prohibits employers from requiring employees to release claims as a requirement of employment or in exchange for a raise. However, non-disclosure clauses are permitted as part of settlement agreements, as long as the agreement is voluntary.

This new law promises to be a major development in California for employees, as it will ensure that workers no longer have to tolerate sexual harassment for months or even years before seeking help. Employers will also be on notice that no form of sexual harassment is acceptable — and may have a greater incentive to prevent all forms of sexual violence in their workplaces.

By changing the law, California is sending a clear signal that its employees do not have to suffer “severe and pervasive” harassment as part of their jobs. Instead, even one instance of sexual harassment may be sufficient for a legal claim. Of course, it remains to be seen how courts will interpret this law. A skilled sexual harassment lawyer can work with employees who have experienced sexual harassment to help them determine if they may have a claim, either under the current law or the new law that will go into effect in 2019.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

The lawyers at KJT LAW GROUP are dedicated to assisting employees who have suffered workplace sexual harassment. Working with a professional who understands the complexities associated with Sexual Harassment Law will improve the chances of you receiving your rightful compensation. We will work hand in hand with our clients to help them achieve justice. If you have been sexually harassed at work, know that there is help. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Overtime Pay

Overtime Facts in California

“In California,  a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

  1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

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Thanksgiving Dinner Meal Break Rest Break

If your boss violates California rest and meal and state laws, you may be able to sue your employer for not allowing you to have your legal amount of meal or rest breaks. For instance, if your employer denies you a meal break, or does not compensate you for your rest break, they can suffer real consequences.

Under California law, an employee must be given breaks every five hours. You cannot work for more than five hours a day without be given a meal period of at least thirty minutes. If your total work day is only 6 hours in that case a meal break can be waived by both parties.

When you work for more than ten hours, a 2nd meal period of not less than 30 minutes must be allowed. Again, if you are only working a total of 10 hours or less, the 2nd meal period can be waived by mutual consent, as long as you did not waive your first meal break.

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Wrongful Termination

California is an “at-will employment” state, which means that any employment relationship can be ended without prior notice or warning by the employer or the employee at any time and for any reason.  There is no general requirement that an employer have “good cause” before firing an employee. Nor is the employee entitled to any warnings that the employee’s job is in danger before being fired.

Wrongful Termination Claims

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