All Guides
All 66 guides on WorkLawyers.com, listed newest first.
-
Labor Code
California Local Minimum Wage Lookup by City and County
The minimum wage in California depends on where the work is performed. As of January 1, , California’s statewide minimum wage is per hour, and more than 40 cities and two counties have adopted…
Read More: California Local Minimum Wage Lookup by City and County -
CRD Claims
How to File a Work Discrimination Complaint with California’s CRD
California employees have a right to be free from unlawful discrimination, harassment, and retaliation in the workplace. Those laws, however, don't enforce themselves. When California's anti-discrimination laws are violated, many workers choose to file…
Read More: How to File a Work Discrimination Complaint with California’s CRD -
Labor Code
Penalties for Wage, Hour, and Paycheck Violations in California
California’s wage and hour laws are among the strictest in the United States. They set out rules for how workers are paid, the minimum wage, overtime pay, commissions, meal periods, rest breaks, misclassification of…
Read More: Penalties for Wage, Hour, and Paycheck Violations in California -
Retaliation
Labor Code § 1102.5, California’s Whistleblower Retaliation Law
California Labor Code section 1102.5 is the state’s principal whistleblower protection law. It prohibits an employer from retaliating against an employee who reports conduct the employee reasonably believes is illegal, or who refuses to…
Read More: Labor Code § 1102.5, California’s Whistleblower Retaliation Law -
Retaliation
Workplace Retaliation Laws in California
The concept of retaliation is simple: an employer attempts to “get even” with an employee for taking a certain action. Both federal and California laws prohibit employers from retaliating against employees who take actions…
Read More: Workplace Retaliation Laws in California -
Wage & Hour
Calculating the “Regular Rate of Pay” in California
In California, nonexempt employees are generally entitled to overtime pay if they work more than eight hours in a workday, 40 hours in a workweek, or seven consecutive days in a workweek. The amount…
Read More: Calculating the “Regular Rate of Pay” in California -
Leave Rights
Voting Leave Law in California
In California, employees have a right to take time off work to vote if they do not have enough time outside of working hours to do so in a statewide election. Although employees may…
Read More: Voting Leave Law in California -
Wage & Hour
Six-Day Workweeks and California Overtime Laws
In California, working a six-day workweek does not, by itself, entitle an employee to overtime. Whether overtime is owed depends on the number of hours worked, not the number of days. Overtime refers to…
Read More: Six-Day Workweeks and California Overtime Laws -
Working Conditions
Suitable Seating Requirements for California Employees
In California, most employers must provide their employees with suitable seating to use while performing their duties, as long as the nature of the work reasonably permits the use of seats. Even when the…
Read More: Suitable Seating Requirements for California Employees -
Misclassification
1099 Workers vs. W-2 Employees in California: A Legal Guide
There are two main types of workers in California: employees and independent contractors. For tax purposes, the way a worker is classified will impact the IRS tax form that businesses are required to prepare.…
Read More: 1099 Workers vs. W-2 Employees in California: A Legal Guide -
Misclassification
Independent Contractor vs. Employee (California Law)
Independent contractors are workers in business for themselves. They're generally free to work on multiple projects at the same time and take jobs on a freelance basis. In many cases, they can choose when,…
Read More: Independent Contractor vs. Employee (California Law) -
Rest Breaks
Break Laws in California: Meal Breaks & Rest Periods Made Easy
In California, most non-exempt employees have a legal right to take both rest breaks and meal breaks during the workday. As a general rule, a non-exempt employee earns a paid 10-minute rest break for…
Read More: Break Laws in California: Meal Breaks & Rest Periods Made Easy -
Wage & Hour
The Waiting Time Penalty for Final Wages in California
Employees have a right to receive their final paycheck, in full and on time, at the conclusion of their employment. When employers willfully fail to provide final paychecks within certain deadlines, employees are entitled…
Read More: The Waiting Time Penalty for Final Wages in California -
Discrimination
Pregnancy Discrimination Laws in the California Workplace
Having a baby can be one of the most meaningful experiences in a woman's life. Unfortunately, it can also negatively impact a woman's career. In those cases, it's important to know which actions constitute…
Read More: Pregnancy Discrimination Laws in the California Workplace -
CRD Claims
Disability Discrimination Laws in the California Workplace
Nobody chooses to have a disability. But, for many, disabilities are a part of life. Sometimes those disabilities can affect a person's employment, so it's important to know which actions constitute unlawful disability discrimination.…
Read More: Disability Discrimination Laws in the California Workplace -
Misclassification
The Administrative Employee Exemption to California’s Labor Laws
California's administrative exemption makes certain employees exempt from important wage and hour protections, including overtime pay, the minimum wage, and meal and rest breaks. An employee is an exempt administrative employee only if the…
Read More: The Administrative Employee Exemption to California’s Labor Laws -
Disability Rights
Reasonable Accommodation Laws in the California Workplace
Most businesses in California have a duty to provide reasonable accommodations for their employees with known disabilities, unless doing so would cause the employer an undue hardship. A reasonable accommodation is a change to…
Read More: Reasonable Accommodation Laws in the California Workplace -
Labor Board
How to File a “Labor Board” Complaint in California
There is no California agency actually named the “labor board.” The phrase is shorthand for whichever government agency handles a particular kind of workplace complaint, and the right one depends on the problem. For…
Read More: How to File a “Labor Board” Complaint in California -
Labor Code
Requesting Your Employee Records in California
California employees and former employees have the right to inspect and copy many of the records their employer keeps about them, including their personnel file, any document they signed to obtain or hold the…
Read More: Requesting Your Employee Records in California -
Hiring & Firing
Job References in California: What Can a Former Employer Say?
When applying for new jobs, many California employees face a common concern: they didn’t leave their last job on the best terms, but they have to give an honest list of their last jobs…
Read More: Job References in California: What Can a Former Employer Say? -
Breastfeeding
Workplace Breastfeeding Laws in California
Breastfeeding provides important health benefits for mothers and their children, and it is recommended by both the World Health Organization and UNICEF. So how should a new mother handle breastfeeding once she returns to…
Read More: Workplace Breastfeeding Laws in California -
Rest Break
7 Dumb Ways Employers Violate Wage & Hour Laws in California
California law provides protections for workers' wages and hours. Many employers, however, violate those protections. In some cases, the violations are unintentional; the employer might simply be unaware of their legal duties. In other…
Read More: 7 Dumb Ways Employers Violate Wage & Hour Laws in California -
Harassment
The 2 Types of Sexual Harassment Violations in California
In California, courts generally separate sexual harassment cases into two distinct types of violations: These two categories are not legally definitive, especially because many situations involve both types of sexual harassment. But they help…
Read More: The 2 Types of Sexual Harassment Violations in California -
CRD Claims
The 5 Most Common Illegal Reasons to Be Fired in California
Illegal firings happen when an employer ends the employment relationship in violation of the employee’s legal rights. These situations are often called wrongful terminations, and they can arise when an employer violates a state…
Read More: The 5 Most Common Illegal Reasons to Be Fired in California -
Retaliation
Retaliation for Filing a Workers’ Compensation Claim in California
California law generally requires employees to seek recovery for work-related injuries through the workers’ compensation system. In many cases, employees cannot sue their employer for unintentional acts that may have caused their injury. Instead,…
Read More: Retaliation for Filing a Workers’ Compensation Claim in California -
Misclassification
The Outside Salesperson Exemption to California’s Labor Laws
Most California employees are entitled to be paid minimum wage. They are also entitled to overtime wages when they work more than eight hours in a workday, more than 40 hours in a workweek,…
Read More: The Outside Salesperson Exemption to California’s Labor Laws -
Discrimination
Discrimination Laws in the California Workplace
Discrimination occurs when an employee or job applicant receives less favorable treatment because of a specific characteristic they have. In many cases, employers in California are prohibited by law from engaging in discrimination. Discrimination…
Read More: Discrimination Laws in the California Workplace -
Wage & Hour
How to File a Wage & Hour Claim in California
The wages and hours of California employees are protected by both state and federal law. Those laws, however, do not enforce themselves. When an employer violates them, many workers file a wage claim to…
Read More: How to File a Wage & Hour Claim in California -
Labor Code
Minimum Wage Law in California
The minimum wage is the lowest hourly rate that nearly all California employees must be paid for their work. As of January 1, , California requires that nearly all employees be paid a minimum…
Read More: Minimum Wage Law in California -
Leave Rights
Pregnancy Leave Law in California
Pregnancy leave is the time a woman takes off from her job for the birth, adoption, or foster care placement of her new child. In California, many women have a legal right to be…
Read More: Pregnancy Leave Law in California -
CRD Claims
Workplace Sexual Harassment Law in California
In California, unlawful workplace sexual harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on their sex, gender, marital status, sexual orientation, pregnancy, or other sex-related reason. Sexual…
Read More: Workplace Sexual Harassment Law in California -
CRD Claims
Hostile Work Environment Sexual Harassment in California
Hostile work environment sexual harassment is unwelcome conduct based on sex that is severe or pervasive enough to create an abusive working environment. This type of harassment is unlawful regardless of whether it is…
Read More: Hostile Work Environment Sexual Harassment in California -
CRD Claims
Hostile Work Environments and California Law, Explained
In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee's race, disability, religion, sex, gender identity,…
Read More: Hostile Work Environments and California Law, Explained -
Bullying
Bullying Law in the California Workplace
In California, unlawful workplace bullying occurs when a person directs negative, inappropriate, or unwanted conduct at a worker because of a protected characteristic, such as the worker's race, disability, religion, sex, gender identity, marital…
Read More: Bullying Law in the California Workplace -
CRD Claims
Workplace Harassment Law in California
In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee's race, disability, religion, sex, gender identity,…
Read More: Workplace Harassment Law in California -
Wage & Hour
Overtime Wage Laws in California
Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Most nonexempt employees in California have a…
Read More: Overtime Wage Laws in California -
Wage & Hour
Overtime Wage Calculator for California Employees
Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Most nonexempt employees in California have a…
Read More: Overtime Wage Calculator for California Employees -
Labor Code
Wage Paydays and Pay Periods: The Law in California Explained
Most employees in California must be paid at least twice a month, on regular paydays that their employer designates in advance. Wages earned between the 1st and 15th of a month are due by…
Read More: Wage Paydays and Pay Periods: The Law in California Explained -
Labor Code
The Computer Professional Exemption to California’s Wage and Hour Laws
In California, an employee who works in the computer software field can be classified as exempt from overtime pay, and from certain related wage and hour protections, but only if the employee satisfies both…
Read More: The Computer Professional Exemption to California’s Wage and Hour Laws -
Labor Board
Tip Pooling Law in California: Employee Rights Explained
Tip pooling is the practice of gathering some or all of the tips earned by several employees, and then splitting them up in previously-agreed percentages. In California, employer-mandated tip pooling is generally considered legal,…
Read More: Tip Pooling Law in California: Employee Rights Explained -
Wage & Hour
Wage Statement & Pay Stub Law in California
A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated. California has specific laws that govern the information that…
Read More: Wage Statement & Pay Stub Law in California -
Breastfeeding
Lactation Break Law in California: The Right to Pump at Work
A lactation break is a period of time during the work day for nursing mothers to express breast milk (i.e., a break to pump). All California employers are required to permit new mothers to…
Read More: Lactation Break Law in California: The Right to Pump at Work -
Labor Code
The Law on Rounding Work Hours in California
In general, employers in California are required to pay their hourly and nonexempt employees for all hours they work. They are also required to keep accurate records and provide regular wage statements that correctly…
Read More: The Law on Rounding Work Hours in California -
Wage & Hour
The Minimum Salary Requirement for Exempt Employees in California
In , most California employees must be paid a salary of at least per year to qualify as exempt from overtime and related protections, an amount equal to twice the state minimum wage for…
Read More: The Minimum Salary Requirement for Exempt Employees in California -
Commissions
The Law on Commission-Based Pay for Sales Employees in California
Employees can be paid for their work in several ways. Hourly wages and fixed salaries are the most common examples. Some employees are paid on a commission basis. In California, a commission is compensation…
Read More: The Law on Commission-Based Pay for Sales Employees in California -
Labor Board
The Law on Late & Unpaid Wages in California
Employers have a legal obligation to pay the wages that their employees earn. They also have an obligation to pay those wages on time. When wages are paid late or not at all, California…
Read More: The Law on Late & Unpaid Wages in California -
Leave Rights
Maternity Leave Law in California
Maternity leave is the time a woman takes off from her job for the birth, adoption, or foster care placement of her new child. In California, many women have a legal right to be…
Read More: Maternity Leave Law in California -
Discrimination
Age Discrimination Laws in the California Workplace
Age discrimination occurs when an employee or job applicant who is 40 or older receives less favorable treatment because of their age. In California, both state and federal law prohibit most employers from engaging…
Read More: Age Discrimination Laws in the California Workplace -
Wage & Hour
Tip and Gratuity Laws in California
In California, tips and gratuities are the sole property of the employee or employees they are left for. Employers and their agents may not take any part of these gratuities, deduct them from the…
Read More: Tip and Gratuity Laws in California -
Litigation
Common Litigation Deadlines in California Civil Cases
If you are starting or facing a California lawsuit, the deadline to know first is the statute of limitations: the date by which the complaint must be filed. For most civil claims it runs…
Read More: Common Litigation Deadlines in California Civil Cases -
CRD Claims
Pregnancy Disability Leave Law in California: A Guide to PDL
In California, there are generally two types of maternity leave a woman can take: pregnancy disability leave, and baby bonding leave. Of these, pregnancy disability leave is the most common because the eligibility requirements…
Read More: Pregnancy Disability Leave Law in California: A Guide to PDL -
Misclassification
The Professional Exemption in California, A Legal Guide
Most California employees are entitled to be paid minimum wage. They are also entitled to overtime wages when they work more than eight hours in a workday, more than forty hours in a workweek,…
Read More: The Professional Exemption in California, A Legal Guide -
Leave Rights
Paternity Leave Law in California
Paternity leave is the time a new father takes off from work for the birth, adoption, or foster care placement of his new child. In California, many new fathers have a legal right to…
Read More: Paternity Leave Law in California -
CRD Claims
Quid Pro Quo Sexual Harassment Under California Law
In California, quid pro quo sexual harassment occurs when a supervisor or employer conditions a job benefit, such as a raise, a promotion, or continued employment, on an employee’s submission to a sexual demand.…
Read More: Quid Pro Quo Sexual Harassment Under California Law -
CRD Claims
Wrongful Termination Law in California
Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee's legal rights. In California, wrongful termination claims can arise when an employer violates a state or federal…
Read More: Wrongful Termination Law in California -
Termination
Constructive Discharge in California: Did I Quit or Was I Fired?
California employees sometimes face a difficult situation: their working conditions have become so intolerable that they feel they must quit. California law does not always treat that resignation as simply quitting. Under the doctrine…
Read More: Constructive Discharge in California: Did I Quit or Was I Fired? -
Labor Code
The Executive Employee Exemption under California Law
Most California employees are entitled to certain important rights. Those include the right to be paid at least the minimum wage, the right to overtime wages, and the right to meal and rest breaks…
Read More: The Executive Employee Exemption under California Law -
Labor Contracts
Severance Packages: Why Employers Need to Consider Them
During the course of business, employers inevitably have to let employees go. In some cases, business just isn’t going well; in other cases, there may be a problem with a specific employee. Whatever the…
Read More: Severance Packages: Why Employers Need to Consider Them -
Labor Contracts
Severance Agreements in California: What Employees Should Know
Not everyone leaves a job on his or her own terms. For whatever the reason—be it a firing, company downsizing, or a lay-off—being let go from a job can be a stressful experience. To…
Read More: Severance Agreements in California: What Employees Should Know -
Termination
What “At-Will” Employment Means Under California Law
Most employees in California are considered to be “at-will” employees. At-will employment means that the employee is free to leave their job at any time, and employers are likewise free to fire the employee…
Read More: What “At-Will” Employment Means Under California Law -
Bullying
The Legal Definition of “Sexual Harassment” in California
Sexual harassment generally involves negative, inappropriate, or unwanted conduct directed at a worker based on certain unlawful reasons, like the worker's sex or gender. California law prohibits both employers and employees from sexually harassing…
Read More: The Legal Definition of “Sexual Harassment” in California -
Wage & Hour
Payroll Debit Cards in California: What’s the Law on Cash Alternatives?
The concept of payroll debit cards is simple: rather than getting paid through cash or a check, employees receive their payments on a bank card. The employees can then use that card to spend…
Read More: Payroll Debit Cards in California: What’s the Law on Cash Alternatives? -
Labor Code
Exempt vs. Non-Exempt Employees: Guide to California Law
California’s wage and hour laws require most employers to follow certain rules, such as paying overtime, tracking hours, and providing meal and rest breaks. Employees who receive these protections are nonexempt. An exempt employee,…
Read More: Exempt vs. Non-Exempt Employees: Guide to California Law -
Labor Code
Exceptions to California’s Wage, Hour, Break, and Overtime Laws
California labor laws require most employers to follow certain rules, like paying overtime, tracking hours, or providing rest breaks. The law, however, provides for several important exceptions to these requirements. In most cases, an…
Read More: Exceptions to California’s Wage, Hour, Break, and Overtime Laws -
Labor Contracts
Do You Have to Give Two Weeks’ Notice in California?
Generally, California employees are required by law to give any advance notice to their employer before they quit their job. In some cases, however, the terms of an employment contract could require a specific…
Read More: Do You Have to Give Two Weeks’ Notice in California? -
Misclassification
Overtime Exemptions Under California Law
Overtime wages are a type of increased pay that employees can earn when they work more than a certain number of hours in a workday or workweek. California labor laws require most employers to…
Read More: Overtime Exemptions Under California Law