Posted by Bryce Fick | Mar 26, 2025 |
California recently passed Senate Bill 1137, a groundbreaking law that explicitly recognizes "intersectionality" in the state's civil rights laws that went into effect in January of this year. This legislation protects individuals from discrimination based not just on single protected characteris...
Posted by Bryce Fick | Mar 21, 2025 |
In California, employers aren't required to specifically instruct employees to take meal breaks, but they must provide genuine opportunities for these breaks to occur. If you're wondering whether your employer violated meal break laws simply because they didn't explicitly tell you to take your br...
Posted by Bryce Fick | Mar 19, 2025 |
If you work in software development or another computer-related position in California, you might be misclassified as exempt from overtime. Many employers may incorrectly assume all tech workers are exempt because of their professional role or the lower salary requirements generally applicable to...
Posted by Bryce Fick | Mar 14, 2025 |
If you show up to work in California but are sent home early or aren't given your full shift, you may still be entitled to pay. This protection, known as "reporting time pay," is a critical but potentially overlooked worker right in California.
Posted by Bryce Fick | Mar 12, 2025 |
Many California workers may be missing out on wages they've rightfully earned because their employers aren't properly counting all their "hours worked." Under California law, the definition of compensable work time is broader than many employers acknowledge, and workers are entitled to be paid fo...
Posted by Bryce Fick | Mar 06, 2025 |
Many California workers classified as "managers" may be wrongfully denied overtime pay. Your job title alone doesn't determine whether you're entitled to overtime—what matters are your actual job duties and salary amount. If you've been classified as an exempt manager but spend most of your time ...
Posted by Bryce Fick | Mar 03, 2025 |
If you work as a caregiver, nanny, housekeeper, or other domestic worker in California, you have important legal protections under state law. Understanding these rights is crucial whether you're caring for children, the elderly, or maintaining private households.
Posted by Bryce Fick | Feb 25, 2025 |
California's overtime laws provide significantly greater protections for workers than federal standards, entitling many employees to additional overtime pay, such as for working more than 8 hours in a single day, not just for exceeding 40 hours in a week.
Posted by Bryce Fick | Feb 21, 2025 |
Typically, in California, if your employer wants you to provide and maintain your own work tools, they must pay you at least double the minimum wage. This means that in 2025, when California's minimum wage will be $16.50 per hour, your employer must pay you at least $33.00 per hour before they ca...
Posted by Bryce Fick | Feb 18, 2025 |
One of the clearest ways to determine if you might be misclassified as exempt from over time is by looking at your salary.
Posted by Bryce Fick | Feb 13, 2025 |
If you've experienced sexual harassment at work in California, you have the right to take your case to court - even if you signed an arbitration agreement.
Posted by Bryce Fick | Feb 11, 2025 |
A recent California Court of Appeal decision reaffirms the important right of workers to recover attorney fees when they successfully appeal unfavorable Labor Commissioner decisions. In Villalva v. Bombardier Mass Transit Corporation, the court rejected an employer's attempt to limit workers' abi...
Posted by Timothy B. Del Castillo | Feb 05, 2025 |
The California Supreme Court's decision in Bailey v. San Francisco District Attorney’s Office clarifies that a single, severe instance of racial harassment, such as the use of a racial slur, can create a hostile work environment and that retaliatory actions against an employee who reports such behavior are actionable under the Fair Employment and Housing Act (FEHA).
Posted by Timothy B. Del Castillo | Jan 29, 2025 |
In Ibarra v. Chuy & Sons Labor, Inc., the California Court of Appeal clarified that PAGA prelitigation notices do not need to specifically define "aggrieved employees" but must include sufficient facts and theories about the alleged violations.
Posted by Timothy B. Del Castillo | Jan 29, 2025 |
In Pamela Cook vs. University of Southern California (2024), the court found USC's arbitration agreement unconscionable due to its infinite duration, overly broad scope, and lack of mutuality, emphasizing the need for employers to review and avoid similar issues in their agreements.
Posted by Timothy B. Del Castillo | Jan 28, 2025 |
California introduced new employment laws in 2025. Employees take note of your rights!
Posted by Timothy B. Del Castillo | Jan 28, 2025 |
The California Supreme Court, in Turrieta v. Lyft, Inc., ruled that PAGA plaintiffs do not have the right to intervene in another plaintiff's ongoing PAGA action with overlapping claims.
Posted by Bryce Fick | Dec 26, 2024 |
Starting January 1, 2025, California employees will gain important new protections under the California Worker Freedom from Employer Intimidation Act (SB 399). This groundbreaking legislation safeguards employees' right to maintain professional boundaries with their employers around religious and...
Posted by Bryce Fick | Dec 23, 2024 |
In a recent opinion by a California Court of Appeal, Jenkins v. Dermatology Management, LLC, the court affirmed that certain arbitration agreements can be deemed unenforceable when they are found to be unconscionable. This ruling serves as a crucial reminder to employees that you may have certain...
Posted by Timothy B. Del Castillo | Sep 05, 2024 |
In addition to reviewing the rights an employee may be waiving by signing a severance agreement, it is also important to scrutinize the statements of fact included in the contract. While it may be tempting treat recitals or other factual statements in a contract as merely providing context to int...
Posted by Timothy B. Del Castillo | Aug 03, 2024 |
Erika Paleny v. Fireplace Products U.S., Inc. highlights how the California Fair Employment and Housing Act (FEHA) defines and protects pregnancy-related medical conditions. The Court of Appeal ruled that elective egg retrieval procedures without an underlying medical condition do not qualify for FEHA protections, emphasizing the need for clear connections between medical conditions and the statutory protections under FEHA.
Posted by Timothy B. Del Castillo | Jul 03, 2024 |
In the case of Dominique Keeton v. Tesla, Inc., the Court of Appeal ruled that Tesla’s failure to pay arbitration fees on time breached its arbitration agreement, allowing an employee to pursue her claims in court. The decision emphasizes the necessity for employers to comply with arbitration agreements and deadlines to avoid unwanted litigation.
Posted by Timothy B. Del Castillo | Jun 24, 2024 |
California's labor landscape is set to change significantly with a new agreement to reform the Private Attorneys General Act (PAGA). The reforms include capping penalties for employers who promptly rectify issues, imposing higher penalties for malicious violations, increasing the portion of penalties allocated to employees from 25% to 35%, expanding the range of labor code sections that can be cured, and requiring employees to personally suffer labor violations to bring claims.
Posted by Timothy B. Del Castillo | Jun 17, 2024 |
In Ramirez v. Golden Queen Mining, the Court of Appeal examined the enforceability of arbitration agreements within employment contracts, emphasizing how crucial it is for employers to ensure that arbitration agreements are properly presented, explained, and signed to withstand legal scrutiny.
Posted by Timothy B. Del Castillo | Jun 05, 2024 |
The Private Attorneys General Act (PAGA) grants California employees the authority to pursue civil penalties for labor violations. The recent Ninth Circuit case, Johnson v. Lowe's Home Centers, LLC (2024), underscores that employees may be compelled to arbitrate individual PAGA claims, while still maintaining the standing to pursue their non-individual claims in court.