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Constructive Discharge In California
04.20.2024

What is Constructive Discharge?

What is Constructive Discharge? In California, constructive dismissal occurs when an employer’s actions effectively coerce an employee into resigning. This means that despite the employee technically resigning, the law treats it as a termination initiated by the employer. If the employer’s behavior violates laws or breaches the employment contract, the affected employee may have grounds […]

Misclassifying Independent Contractors
04.20.2024

Misclassifying Employees as Independent Contractors

Misclassifying employees as independent contractors is a legal and ethical concern in the employment and labor context. This practice occurs when employers label workers as independent contractors rather than employees, often to avoid providing benefits like health insurance, unemployment benefits, worker protections, medical insurance, overtime pay, minimum wage, legal protections, and complying with other labor […]

Can I Sue My Employer For False Promises?
03.13.2024

Can I Sue My Employer For False Promises?

Can I Sue My Employer For False Promises? Yes, you can potentially sue your employer for setting you up to fail. If your employer’s actions constitute deliberate sabotage of your work or create a hostile work environment, you may have grounds for legal action. It’s essential to consult with a qualified employment lawyer to assess […]

On Call Pay In California
03.13.2024

On-Call Pay in California

In California, on-call employees must be compensated at least the state’s minimum wage, which is currently $15.50 per hour. Additionally, employers are typically required to pay the full, regular wage for on-call or standby hours, as outlined in most employment contracts. These on-call or standby hours encompass any time where employees are not actively performing […]

Can An Employer Deny Time Off?
05.12.2023

Can an Employer Deny Time Off?

In general, an employer has the right to deny a vacation request from an employee. However, the specific circumstances surrounding the employee’s request and the employer’s reasons for denying the time-off request can be subject to legal limitations. Under federal law in the United States, there is no requirement that employers provide employees with paid […]

Continuing Violation Doctrine In California
05.09.2023

Continuing Violation Doctrine in California

The continuing violation doctrine is a legal principle that applies in California employment law. It allows an employee to file a discrimination claim based on a pattern of conduct that occurred over time, even if some of the conduct falls outside the statute of limitations period. In California, the statute of limitations period for filing […]

Unpaid overtime in California
02.22.2023

Unpaid Overtime in California

In California, wage and hour laws dictate that employers are generally required to pay their employees for all hours worked, including overtime hours. Overtime pay is generally required for any hours worked over 8 hours in a day or 40 hours in a week, and employees must be paid 1.5 times their regular hourly rate […]