Employee Rights Blog

Our experienced employment law attorneys at Kingsley & Kingsley are frequently asked if California employers can legally withhold an employee's earned bonuses and commissions. In this blog, we will delve a little deeper into how commissions and bonuses work and what your rights as an employee are...

Under California and federal laws, overtime pay is not a privilege granted to workers. Rather, it is the right of employees to get paid for the work they have done. Employers are required under the law to pay overtime wages. California law is very clear when it comes who should receive overtime p...

Working remotely or working from home has been on the rise. It's a trend that had been observed even as we were leading up to the global coronavirus pandemic. However, when businesses were forced to close their worksites and offices, working from home became even more common and necessary for bus...

Determining who can or cannot receive overtime pay in California can be tricky due to the complexities in individual workplaces. The law states that non-exempt employees in California are eligible to receive overtime if they go over their scheduled work hours. However, exempt or salaried employee...

Wrongful termination is said to have occurred when an individual has been fired for reasons that are illegal such as those pertaining to discrimination or harassment. In other words, an employee who has been terminated illegally, in violation of state or federal laws, can file a wrongful terminat...

The #MeToo movement and numerous high profile workplace-relations lawsuits prompted new California employment laws that took effect on January 1, 2019. California employers and employees alike should take note of four notable sexual and workplace harassment laws detailed below. Don't hesitate to ...

Federal and state laws prohibit harassment in the workplace on the basis of protected characteristics such as race, color, religion, sex (including gender identity and pregnancy), national origin, age, sexual orientation, color, or genetic information. Under Title VII of the Civil Rights Act of 1...

Wal-Mart will pay $40,000 and provide additional training to its managers to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to a Tulsa World news report, the lawsuit involved an employee who was born with a congenital amputa...

Self-Audit For FLSA Violations On March 6, 2018, the U.S. Department of Labor (DOL) announced that it would soon be implementing its Payroll Audit Independent Determination (PAID) program. The PAID program will permit employers to self-report potential Fair Labor Standards Act (FLSA) violations w...

Unfortunately, We Cannot Assist With Unemployment Claims. Those Who Have Been Wrongfully Terminated Are Encouraged To Contact Us. The coronavirus pandemic is shaking the entire nation to the core as no other event has in recent history. Employees are facing significant and frightening challenges ...

Discrimination comes in many forms and occurs in different patterns. Some kinds of discrimination are direct, while others are unintended on ancillary. At times, discrimination accompanies or integrates harassment and victimization. Many individuals are treated unfairly at work, school, public pl...

California employers face an ongoing challenge in keeping up with federal and California wage and hour laws that regularly change. Large employers may face stiff penalties for seemingly small violations or claims for unpaid wages increasing exponentially since wage and hour claims often accrue on...

California employers are obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. In Industrial Welfare Commission Orders 4 and 5...

Using an employment lawyer can be costly. Even when employees face discrimination, harassment, retaliation or other mistreatment at work and have a solid case, hiring a lawyer and incurring expenses relating to litigation can be cost-prohibitive. In addition to the money issue, there is also the ...

As the use of part-time employees and independent contractors continues to grow in California, it is critical for employers to understand the differences in types of employment status. One tool at an employer's disposal is the IRS 20-factor test, used to determine whether sufficient “control” is ...

If you can successfully prove that your employer wrongfully terminated you, you may be able to recover damages for your financial loss, future financial losses, punitive damages, and suffering. There are several key questions that must be answered to determine if you have a legitimate claim again...

Whether you are a survivor of sexual assault or sexual harassment in the workplace, coming forward with your story can be one of the most difficult things one can do in life. A reluctance or hesitation to come forward with allegations is a common reaction from someone who has endured sexual haras...

When a manager or supervisor in your workplace engages in sexually harassing behavior, it could have a devastating impact on not just the victim, but also the entire workplace. An employer who does not foster a healthy work environment and allows such behaviors to continue in the workplace may fa...

Sexual harassment is a form of sex discrimination, which is a violation of Title VII of the Civil Rights Act of 1964. The U.S. Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a se...

In California, employers who violate wage and hour laws can be slapped with severe penalties. In any type of action against your employer for unpaid wages, you will be seeking monetary compensation for the wages you should have been paid or the wages you were rightfully owed by your employer for ...

If you have been harassed or discriminated against at work, face a hostile work environment, or have been wrongfully terminated from your job, you may be wondering how to fight for your rights and hold your employer accountable. When you are looking to retain the services of an experienced and kn...

The California Family Rights Act (CFRA) (Gov. Code, § 12945.2) provides unpaid job protection rights for up to twelve work weeks of qualified family leave. A California labor and employment attorney at Kingsley & Kingsley can help you with the law. The CFRA provides job protection benefits for qu...

Sexual harassment occurs in places where it is tolerated. An environment where such behaviors are allowed to continue unchecked is ripe for abuse, harassment and discrimination. Oftentimes, the individual who is harassed may not even be certain that he or she is being harassed in the workplace be...