Most of us have been stressed at work at one point or another. While work-related stress can often be short-lived once an important deadline has been met, or you resolve an internal conflict with a co-worker, there are other times when you may suffer from ongoing stress and anxiety at work which can result in serious psychiatric problems.
But can you get workers’ comp for stress just as you can for a physical injury? Maybe. While California does not have a stress leave law per se, California labor law may allow you to file a workers’ compensation claim for a psychiatric injury that was caused by workplace stress. You may also be eligible for unpaid stress leave under the Family Medical Leave Act and California Family Rights Act.
Four Apple retail employees in San Diego filed a California labor lawsuit in 2011 alleging that the company failed to give them required meal and rest breaks, amongst other claims. And now Apple has been ordered to pay $2 million to these employees included in a class of 21,000 California workers.
When employees are misclassified by employers as independent contractors, the misclassified workers can be denied important work benefits, such as overtime compensation, the ability to unionize, and other employee benefits. Over the past few years, several motor carrier companies, including several trucking companies in California, have been accused of misclassifying commercial truck driver employees as independent contractors in order to cut costs and boost profits. As a result, California truck drivers are suffering from lost wages.
According to a recent decision by the California Supreme Court in the case of Augustus v. ABM Security Services, Inc., California employees are entitled to breaks during their work day that must be duty-free, meaning that an employee cannot be required to perform any work-related job functions during his or her break time, including being on-call.
Failure to allow employees to have completely duty-free breaks can result in severe financial liability for the employer. Employers are required to pay employees up to one full hour’s worth of regular rate pay for any legally mandated breaks taken by employees that were not completely duty-free.
The joys of the holiday season are quickly approaching, so it’s important for exempt, salaried employees to understand whether their employers are complying with California federal holiday pay laws.
The following article answers common questions regarding federal holiday pay laws specifically for exempt employees in California.
It has been a very good year for California teachers, as these workers just notched their second victory of 2016 in a landmark employment law case.
This time, the setting was the California Supreme Court, as the justices voted not to consider Vergara vs. California. In this case, a group of students sued to overturn the tenure system, which they claimed degraded the quality of education in the Golden State.
In Morris v. Ernst & Young, the Ninth Circuit Court of Appeals recently weighed in on the national debate on class-action waivers in employment contracts. Most potential defendants – including employers – will do almost anything to avoid facing class-action lawsuits, simply because the damage awards are so high. For example, two former Wells Fargo employees just filed a class-action lawsuit in California that demands a whopping $2.6 billion in damages; the lawsuit involves allegedly unrealistic sales quotas.
When you decide to quit your job because you’ve found another, or you want to leave a job due to an unfavorable working environment, employment and labor laws in California can protect you from negative employer actions. In fact, your employer is required under law to give you your final paycheck within a certain time period. If they do not, then they could face some unwelcome penalties.
Employees are suing the McDonald’s restaurant chain for failing to pay workers the federal minimum wage, failing to pay overtime and failing to give workers breaks that federal law requires.
The class action lawsuit argues that McDonald’s is responsible for how its franchise owners pay employees, since the restaurant giant provides the overtime tracking software to franchise owners, which the employees allege intentionally reduces overtime pay. McDonald’s isn’t the only employer that may be stealing from its employees, either. According to Next City, California state agencies have found over $4.2 million in wage theft, and the culprits still haven’t paid most of this amount.