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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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.

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.
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