Employment Law Articles

Discover and learn the latest valuable employment law articles for ideas, practical information, and DIY from a network of leading business and corporate lawyers.

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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.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.
Is It Illegal to Work Seven Days a Week

Is It Illegal to Work Seven Days a Week?

Working seven days a week varies by state, with California laws addressing rest days and overtime pay rules. Employers must ensure compliance with labor laws to guarantee proper compensation and protect employee wellbeing.
How Many Hours per Week Is Considered Full Time

How Many Hours per Week Is Considered Full Time?

Find out what constitutes full-time employment, typical workweek lengths, and the benefits of full-time jobs, including health insurance and PTO. Learn how employers define full-time hours, overtime rules, and requirements for family leave under FMLA.

How To Report A Company Paying Employees Under The Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.
Is Employer-Provided Health Insurance Pre-Tax

Is Employer-Provided Health Insurance Pre-Tax?

Employer-provided health insurance can often be pre-tax, reducing tax burdens for employees and employers. Learn about pre-tax plans, cafeteria plans, and reimbursement arrangements to enhance workplace benefits and compliance.

Prorated PTO Meaning and How to Calculate It

Employees can earn time off according to different methods, which are normally specified in an employee handbook. Some employers choose to have employees accrue vacation time based on hours worked.

How Much Does It Cost To Hire a Lawyer To Sue My Employer?

Employment attorneys generally charge anywhere from $200 to $650 per hour, depending on their years of experience, level of expertise, and issue. However, most employment lawyers work on a contingent fee - meaning a client pays a contingent fee to a lawyer only if the lawyer handles a case successfully.

Can my employer call my doctor?

Generally, yes, your employer can call your doctor; however, the questions your employer ask is limited and protected by HIPAA Privacy Law. Your employer has the right to contact your doctor to verify the authenticity of a doctor’s note but cannot ask about your medical condition or diagnosis.

Want to Call Out Of Work? 17 Lawful Reasons To Call In Sick

That brutal winter cough. The eye doctor’s appointment you’ve been putting off for a year and a half. Your son falls off the monkey bars and needs a cast. Your fourteen-year-old dog dies. Your basement floods. You’re just plain tired.

Lunch and Break Rules for 6-Hour Shifts in California: Understanding Your Rights

An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. 

8 Tips on Toxic Work Environment Lawsuit

To be classified as toxic, a work environment must host illegal harassment and behavior that impacts a person’s ability to do their job. It is the duty of employers to prevent their workspaces from becoming toxic, or hostile.
Are Medical Expenses Tax Deductible in California

Are Medical Expenses Tax Deductible in California?

Find out if your medical expenses qualify for tax deductions in California and how to calculate eligible unreimbursed costs. Learn about deducting COVID-19 treatments, out-of-pocket expenses, and when to itemize versus take the standard deduction.
How Many Days Off Work Can You Take for Grieving

How Many Days Off Work Can You Take for Grieving?

Understand bereavement leave policies, eligibility, and procedures to navigate this challenging time effectively. Learn how businesses manage bereavement leave to support employees' mental well-being and personal responsibilities.
What Is a Protected Activity in Legal Terms

What Is a Protected Activity in Legal Terms?

Protected activities safeguard workers from retaliation when addressing workplace issues like discrimination, safety, or fair wages. Learn key examples and legal frameworks to ensure employee rights are upheld.
What Is the Difference Between an Employee and a Contractor

What Is the Difference Between an Employee and a Contractor?

An employee works under company control with consistent wages, while contractors operate independently with project-based pay and flexibility. Misclassification risks fines, unpaid taxes, and lost worker benefits, emphasizing the importance of accurate classification.
Are Non-Compete Clauses Enforceable in California

Are Non-Compete Clauses Enforceable in California?

Non-compete clauses often restrict employees' career opportunities, but California law deems them unenforceable in most cases. Discover key legal protections California offers against these restrictive agreements and how workers can navigate unlawful clauses.
Regular Holiday Pay - How It Works in California

Regular Holiday Pay: How It Works in California

Understand how regular holiday pay works in California, including key laws, employer obligations, and effective policy strategies. Learn how businesses like Amazon and Netflix approach holiday pay to attract and retain top talent.
California Rest Breaks - What the Law Says

California Rest Breaks: What the Law Says

California law requires employers to provide rest breaks, ensuring workplace fairness and employee well-being. Non-compliance may entitle workers to compensation and legal action.
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