Tag Archives: wage and hour law

Can I Break My Employment Contract in California?

Can I Break My Employment Contract in California?If you have signed an employment contract with your current employer but have found that the job is not a good fit, it can be scary to think about what may happen if you choose to walk away. Breaking an employment contract in California can result in a variety of outcomes as every agreement is unique.

But can you ever break an employment contract in California and leave your job unscathed? It depends. This article will help you better understand California employment contracts, the provisions that may protect you, and those that could leave you facing the consequences.

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Will President Trump’s Administration Axe New DOL Overtime Law?

New DOL Overtime Law Under Trump Administration
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The past few months have been a roller coaster ride as far as the Department of Labor’s new overtime exemption rule change is concerned. On December 1, 2016, the Department of Labor was set to issue a new overtime law, but before it could take effect, a federal judge in Texas invalidated it. The Obama administration filed an appeal with the Fifth Circuit Court of Appeals before leaving the White House to get the invalidation of the rule by the Texas District Court judge overturned.

But now employees across the country are starting to wonder: What will the Trump administration do about the overtime rule?

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Travel Pay Laws in California: What Employees Need to Know

California Travel Pay Laws
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Sometimes our employers require us to travel for work-related purposes. But what aspects of employee travel are California employers required to pay for? Travel pay in California can be a confusing area of law, but the following overview can help you navigate the ins and outs of travel pay laws in the California workplace.
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Update on New Federal Overtime Rules: FLSA Overtime Exemption Rule Revision Blocked

FLSA Overtime Exemption Rule Revision Blocked by Federal Judge
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Many employees had been looking forward to new revisions in the Department of Labor’s overtime exemption rule, which was set to take effect on December 1, 2016. These revisions would have doubled the salary requirement for white collar employees who were eligible for overtime pay.

Four million Americans would have been eligible for overtime compensation whenever they worked above and beyond their normal forty-hour work week. However, the revision was blocked by a federal judge in Texas before the rule could take effect; this means that there will be no change to the overtime exemption rule after all.

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Religious Accommodation in the California Workplace: What are Your Rights this Holiday Season?

Religious Accommodation Laws in California
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As an employee of faith, it can be difficult to navigate your religious rights at work. This is especially true if a religious holiday or observance isn’t heavily commercialized or mainstream like Hanukkah or Christmas. While employers are legally obligated to at least try to offer religious accommodation, you may still be hesitant to ask your boss for time off for religious reasons. But you don’t have to be fearful. Both federal and California employment laws protect workers from discrimination due to religion. And if you work in California, state law actually offers much stronger employee protections than federal law.

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Federal Holiday Pay Laws for Exempt Employees in California: Common Questions

Federal Holiday Pay Laws for Exempt Employees in California
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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.

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Misclassification of Employees in California: Common Questions

Employee Misclassification Laws in California
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Did you know that your employer can save ample amounts of money simply by misclassifying workers as independent contractors? Despite the illegal nature that the act of purposefully misclassifying employees entails, many employers in California and across the nation still continue the unfair practice.

In a recent employee misclassification suit, more than one hundred current and former employees at a Bay Area eatery claimed that they were misclassified as salaried workers, which allowed their employer to avoid paying overtime. In a similar vein, the massive class action lawsuit against Uber was brought on by drivers who claimed that the on-demand ride company misclassified employees as independent contractors; which allegedly allowed Uber to pocket more cash.

It’s important for California workers to understand what employee misclassification entails in order to determine whether they are independent contractors or employees.

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Major Wage and Hour Lawsuit Against California Restaurant Group, Burma Superstar

Employment Lawsuit in California Against Burma Superstar
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More than one hundred current and former employees at a popular Bay Area eatery claim they were denied wages and benefits, and they have filed suit against the restaurant.

Court papers state that Burma Superstar owner Desmond Tan held employee paychecks as a deposit rather than distributing them. According to the plaintiffs, Mr. Tan also fired a worker who complained about the policy. At two of the company’s other locations, B Star and Burma Love, the firm allegedly misclassified workers as salaried employees to avoid paying overtime. The suit names more than a dozen other labor law violations, including denial of sick leave and breaks. Currently, the three plaintiffs seek permission to turn their lawsuit into a class action.

Attorney Carole Vigne lamented that kitchen workers are often “unseen and forgotten” in many restaurants. “We hope this case brings visibility to the hardworking kitchen staff who feed thousands each week,” she said.

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Wage Theft in California: What You Need to Know

Wage Theft in California - What Employees Need to Know
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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.

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