California is an at-will state, so the short answer is: No. However, if you have a contract that states you will only be fired for cause, or you suspect you are being terminated for illegal reasons (race, gender, pregnancy, age, retaliation, etc.), while they do not have to give you a reason, you should call and seek the advice of an attorney. Please see: https://www.employmentlaw.legal/blog/can-i-get-fired-at-any-time/
It depends. Every case is different, and things like the facts of your case, the defendant, defense counsel, and court dockets can affect the length of a case. You should expect to be patient, as it is typically not a quick process.
When you contact us, we will conduct a thorough initial intake to gather facts to understand and evaluate your potential case. From the time you leave any information on our website, via email, or speak with us on the phone, the attorney client privilege applies and we legally cannot disclose any information you provide to us. We can discuss options and scenarios, but do not give legal advice unless you hire us and sign a retainer agreement. All consultations are free.
The current minimum wage in California is $11 per hour for companies with 25 or less employees and $12 per hour for companies with more than 26 employees. If you are working overtime and not being properly compensated, the average amount of your wage could be below minimum wage, which is illegal. Please refer to the Schedule for California Minimum Wage Rate: https://www.dir.ca.gov/dlse/faq_minimumwage.htm
|Date||Minimum Wage for Employers with 25 Employees or Less||Minimum Wage for Employers with 26 Employees or More|
|January 1, 2019||$11.00/hour||$12.00/hour|
|January 1, 2020||$12.00/hour||$13.00/hour|
|January 1, 2021||$13.00/hour||$14.00/hour|
|January 1, 2022||$14.00/hour||$15.00/hour|
If you are relieved of all duty during your lunch break,then that time is not compensable.However, the general rule is that 10 minute rest breaks, which are owed to you every four hours of work, are compensable.
Under California wage and hour law, an employee who has been fired or laid off must be given their final check immediately. If you resign without notice, you must be paid within 72 hours of resigning.
Under the California wage and hour law, travel time during work and travel under the direction of your employer is compensable and counts as hours worked.
While sometimes discrimination is overt (e.g. racial slurs, physical touching), the majority of cases we see involves “covert” actions. One example that we have unfortunately seen many times involves a white manager who has racial animus towards his or her African American employee. The manager treats that employee differently from non-African American employees, in unfair ways such that the employee suffers an adverse employment action (termination, failure to hire/promote, excessive write ups etc.). Protected classes in which employers are prohibited from discriminating against include race, gender, nationality, religion, age (over 40), disability, sex (including pregnancy, sexual orientation, or gender identity), and genetic information (including family medical history).
No. Under federal law an employer who has fifteen or more employees cannot terminate your employment because you are pregnant. California law also prohibits discrimination based on pregnancy which applies to all employers who have five or more employees. There are many laws in place to protect a pregnant and lactating employee.
The best way is to discuss your needs with your employer and make a request in writing. We cannot emphasize putting things in writing enough. You have a duty to engage in communicationswith your employer regarding the potential accommodation(s), which iscalled the “the interactive process.” There are more involved analyses, e.g. if the employer had notice of your disability, you would not need to tell them about it; but again, the best approach is to work together with your employer towards a solution.If your employer does not cooperate, tells you without discussion they cannot grant you an accommodation, or retaliates against you after you make a request, there are remedies available. For more information please see: https://www.potterhandy.com/when-does-an-employer-have-to-engage-in-the-interactive-process/
Merely because you are paid a salary, rather than by the hour, does not mean that you are not entitled to overtime pay. You may very well be entitled to overtime pay. It depends on whether you are exempt from the overtime pay laws. In fact, some of the most significant class actions have been over the misclassification of employees as exempt, when they were not exempt.
There are several factors that relate to this question. First, if you are paid less than two times the state minimum wage laws for full time employment, you are entitled to overtime pay. Currently (October of 2017), the minimum wage in California is $10.50 per hour. So, if you are paid less than $21 per hour, you are entitled to overtime pay. Essentially, if you get a salary of less than $43,680 per year, you are entitled to overtime pay (when you work more than eight hours in a day, or 40 hours in a week, or seven consecutive days).
Now, if your salary is more than $43,680 per year, you may still be entitled to overtime pay. Just having a larger salary does not mean you are exempt. The amount of your salary is only one test. The second test relates to your job duties. The following are the most common types of exemptions:
Professional Exemption. There are a number of professions that have been deemed in the “professional” class sufficient to be exempt from overtime laws. So, if you meet the salary test and you are licensed or credentialed and working in law, medicine, engineering, architecture, teaching or accounting, you might be exempt. There is much more to this test but it really requires some legal analysis.
Administrative Exemption. Employees who work behind the scenes, spending a majority of their time in the running of the general business, may be exempt from overtime compensation. If you are not involved in the manufacturing, transportation, selling or advertising of your companies goods or services but, instead, are handling the administrative aspects of the business (bookkeeping, computer networking, staffing, etc.) you might be exempt.
Executive Exemption. If you are a supervisor or manager, have hiring and firing authority, or other similar job responsibilities, you might not be entitled to overtime compensation.
This is only a small introduction to the issue of exempt versus non-exempt employee status in California. Each situation is different and requires professional analysis before a solid conclusion can be reached. If you regularly work overtime hours but are not compensated for it and suspect that you might not be “exempt,” feel free to consult with us. We would love to have the opportunity to consider your situation.
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