Available overtime hours for employees rank high on almost every employee’s “got-to-have” list, especially in times of high inflation and rising costs. Federal law, specifically the Fair Labor Standards Act (FLSA), exempts certain types of employees from overtime...
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Labor & Employment Law
Are you a victim of wage theft?
As a California worker, you may think wage theft means not receiving your paycheck on time, or not getting paid your full wages. However, there are many different things under California law that constitute wage theft, and it is important to be aware of them. Minimum...
When is my employer required to pay me overtime?
You work hard every day during your regular workweek. Sometimes the nature of the job or your employer’s policies require you to work beyond your standard workweek. If so, you may be owed overtime pay under California law. When must a worker be paid overtime? Under...
Women have the right to pump breast milk in the workplace
When a woman in California has a baby, she may choose to breastfeed her child. If you are breastfeeding and must return to work before your child is weaned, it is likely that you will need to pump breast milk during the day so your milk supply keeps up with your...
Resolving discrimination-based wrongful termination claims faster
When you are fired for discriminatory reasons, you may want to go Hellfire and Brimstone. You may want to sue your ex-employer for every dollar they have, plus one dollar more. You want justice, and discrimination-based wrongful termination justifies that righteous...
Are you considered an employee or an independent contractor?
You work hard at your trade, and you deserve to be fairly compensated. Some employers, however, try to skirt California wage and hour laws by claiming a worker is an independent contractor rather than an employee. The ABC test AB 5 was a bill that addressed the...
When are you entitled to a meal break at work?
Workers in California are entitled to meal breaks if they work at least five hours. These meal breaks are mandatory, but some employers refuse to grant them. This often leads to litigation. For this reason, workers in California will want to educate themselves on...
What are payday laws and how do they affect me?
An employee’s right to receive payment in a timely and regular manner is so important in this country that nearly every state has laws in place to guarantee it. Payday laws stipulate the frequency of pay, and the requirement of written notice of these regulations....
When can you be reimbursed for a work-related expense?
As a worker, you may find yourself in a position where you must use your own money to pay for a work-related expense. Under California law, you are entitled to be reimbursed for these expenses. If you are not, you may have grounds to pursue legal action to obtain what...
How do wage and hour rules apply to commissions?
Many employees in the San Diego area receive at least some of their income from commissions based on the products or services they sell. A subset of these employees receive pay based almost exclusively on commissions. Earned commissions are considered wages under...