Employment Law Articles

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When Is a Doctor's Note Required for Work

When Is a Doctor’s Note Required for Work?

Employers can request a doctor’s note for extended absences or workplace accommodations but must follow privacy laws and legal restrictions. Employees have rights protecting their medical information, ensuring confidentiality and preventing workplace discrimination related to health-related absences.
What Is Considered Full-Time Employment in California

What Is Considered Full-Time Employment in California?

California does not have a fixed definition of full-time employment, but federal guidelines set thresholds between 30 and 40 hours weekly. Full-time status impacts benefits, overtime eligibility, and legal protections, with employer policies differing based on industry and regulations.
Do Employers Verify Doctor's Notes in California

Do Employers Verify Doctor’s Notes in California?

California employers can verify certain details of a doctor's note but cannot access medical records without consent. Employees have rights under HIPAA, FMLA, and state laws, protecting medical privacy and ensuring job security in specific situations.
How do you properly fire an employee in California

How Do You Properly Fire an Employee in California?

California employers must follow strict legal guidelines when terminating employees to avoid wrongful termination claims and compliance issues. Proper documentation, adherence to state laws, and clear communication help mitigate risks and maintain workplace integrity.
How is overtime calculated in California

How Is Overtime Calculated in California?

California mandates overtime pay at 1.5 times the regular rate for work exceeding eight hours per day or forty per week. Employers must calculate overtime correctly, considering bonuses, multiple pay rates, and employee classifications under state labor laws.
What are common grounds for termination

What Are Common Grounds for Termination?

Termination decisions require careful consideration. This article outlines 25 legitimate reasons for dismissal, addressing ethical, legal, and performance-based concerns while emphasizing workplace integrity and compliance.
Can an employer require a doctor's note for just one day of work

Can an Employer Require a Doctor’s Note for Just One Day of Work?

An employer can request a doctor's note for a single sick day, but policies must comply with labor laws and employee privacy rights. Companies should clearly outline documentation requirements in handbooks, ensuring consistency while avoiding unnecessary medical inquiries.
When should an employer consult an attorney

When Should an Employer Consult an Attorney?

An employment attorney helps businesses comply with labor laws, draft contracts, and resolve workplace disputes. Employers should consult one when facing legal claims, employee conflicts, or compliance concerns.
What is the statute of limitations for PAGA claims

What Is the Statute of Limitations for PAGA Claims?

The statute of limitations for PAGA claims in California is one year from the most recent violation, with a 65-day review period tolling it. Recent reforms clarified that only employees personally affected by violations within the one-year period can file claims on behalf of others.
What is a short script for firing someone

What Is a Short Script for Firing Someone?

A structured termination script ensures a professional, clear, and legally compliant approach to employee dismissals. Proper preparation, direct communication, and empathy help minimize disruptions and potential legal risks.
What Constitutes Wrongful Termination in California

What Constitutes Wrongful Termination in California?

Wrongful termination in California occurs when an employer fires an employee in violation of state laws, contracts, or public policy. Employees may have legal options if dismissed due to discrimination, retaliation, contract breaches, or other unlawful reasons.
What Should Be Included in a Termination Letter in California

What Should Be Included in a Termination Letter in California?

A California termination letter should include the employee’s name, termination date, reason for dismissal, final pay details, and return of company property instructions. It should also mention any applicable severance, benefits continuation, and legal obligations like non-compete or confidentiality agreements.
What Are the Rules for Bereavement Leave in California

What Are the Rules for Bereavement Leave in California?

California law mandates that employers with five or more employees provide eligible workers with five days of bereavement leave. This leave must be used within three months of a family member's passing, with confidentiality and anti-discrimination protections in place.
What Is the Borello Test - Worker Classification and Legal Implications

What Is the Borello Test? Worker Classification and Legal Implications

The Borello test helps businesses in California determine worker classification by assessing multiple factors related to control and independence. Despite the ABC test's implementation, the Borello test remains relevant for specific exemptions and legal considerations in worker status disputes.
How Does an EEOC Complaint Hurt an Employer

How Does an EEOC Complaint Hurt an Employer?

An EEOC complaint can lead to legal costs, reputational damage, and increased scrutiny, even if an employer believes they followed regulations. Mishandling a complaint risks lawsuits, financial penalties, and long-term compliance challenges that impact business operations and workplace morale.
What Is the WARN Act in California

What Is the WARN Act in California?

California’s WARN Act requires employers to give 60 days’ notice before mass layoffs, relocations, or plant closures affecting 50 or more workers. Non-compliance results in penalties, including compensation for lost wages and benefits owed to affected employees.
What is self-employment tax and how is it calculated

What Is Self-Employment Tax and How Is It Calculated?

Self-employment tax covers Social Security and Medicare at 15.3% on net earnings exceeding $400, with deductions reducing taxable income. Payments are made quarterly, and half the tax is deductible, ensuring compliance with IRS regulations.
What Does Per Diem Mean in Employment Terms

What Does Per Diem Mean in Employment Terms?

Per diem employment offers flexibility with daily compensation for temporary or on-demand work, commonly found in healthcare, education, and business travel. Unlike independent contractors, per diem employees receive wages subject to taxes but often lack benefits like health insurance.
How Many Hours Are Considered Part-Time

How Many Hours Are Considered Part-Time?

Part-time jobs generally involve fewer than 35 hours per week, but definitions vary across industries and labor laws. Employers must track work hours to determine eligibility for benefits, overtime pay, and regulatory compliance.
What Does an Employment Litigation Attorney Handle

What Does an Employment Litigation Attorney Handle?

An employment litigation attorney handles workplace disputes, including wrongful termination, discrimination, harassment, and retaliation claims. Legal representation ensures employees and employers navigate complex regulations, resolve conflicts, and protect their rights.
What Is the Medical Pre-Tax Deduction

What Is the Medical Pre-Tax Deduction?

A medical pre-tax deduction allows employees to pay health insurance premiums before taxes, reducing taxable income. Self-employed individuals may deduct premiums if not eligible for employer-sponsored coverage, with additional rules for health savings accounts and itemized medical expenses.
Is Working 32 Hours Considered Full-Time

Is Working 32 Hours Considered Full-Time?

Working 32 to 40 hours per week is typically considered full-time in California, but eligibility for benefits depends on employer policies. Overtime laws require higher pay for shifts exceeding eight hours, with additional regulations for breaks, benefits, and independent contractors.
What Does the California Sick Time Law Require

What Does the California Sick Time Law Require?

California law mandates that employers provide paid sick leave to eligible employees, with accrual requirements and usage limits outlined by state regulations. Employers must track sick leave, inform employees, and comply with both state and local sick leave laws to avoid penalties.
When Does Quid Pro Quo Harassment Occur

When Does Quid Pro Quo Harassment Occur?

Quid pro quo harassment occurs when someone in power seeks sexual favors in exchange for job benefits or protection. Employers must enforce policies, conduct investigations, and create a safe workplace to prevent and address this misconduct.
Is It Better to Receive Pay Bimonthly or Biweekly

Is It Better to Receive Pay Bimonthly or Biweekly?

Biweekly and bimonthly payroll schedules impact paycheck frequency, financial planning, and overtime calculations. Choosing the right schedule depends on company needs, industry norms, and legal requirements.
What Is a Nonexempt Position and How It Differs from an Exempt Role

What Is a Nonexempt Position and How It Differs from an Exempt Role?

A nonexempt position in California qualifies for overtime pay, meal breaks, and other labor protections under state and federal law. Exempt positions typically involve higher salaries, independent responsibilities, and different legal requirements for benefits and compensation.
What Are Employee Rights When Calling in Sick

What Are Employee Rights When Calling in Sick?

Employees calling in sick have legal protections that vary by state, including paid leave laws, FMLA, ADA, and workers' compensation. Understanding workplace policies and proper notification procedures helps ensure compliance while maintaining job security.

Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.
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