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Employee Rights Blog

What to Do If Your Employer Is Withholding Your Wages

Posted by Eric Kingsley | Dec 08, 2021 | 0 Comments

Wage theft occurs when employers fail to pay employees the full wages to which they are legally entitled. This is a widespread and deep-rooted issue not only in California but also around the country, which causes serious harm to millions of workers each year. It is not just unethical for employe...

What Are California's Overtime Laws?

Posted by Eric Kingsley | Nov 01, 2021 | 0 Comments

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...

Do Employees Working from Home Earn Overtime?

Posted by Eric Kingsley | Oct 27, 2021 | 0 Comments

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...

Can I Earn Overtime If I'm Paid a Salary?

Posted by Eric Kingsley | Oct 22, 2021 | 0 Comments

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...

How To File A Wrongful Termination Lawsuit

Posted by Eric Kingsley | Aug 25, 2021 | 0 Comments

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...

Current Sexual And Workplace Harassment Laws In CA: 2019

Posted by Eric Kingsley | Jul 14, 2021 | 0 Comments

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 ...

California Workplace Harassment Laws

Posted by Eric Kingsley | Apr 16, 2021 | 0 Comments

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...

How Much Do You Get From A Discrimination Lawsuit?

Posted by Eric Kingsley | Apr 09, 2021 | 0 Comments

Discrimination in the workplace is more common that we might think it is. An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof. In other words, he or she must show evidence that there was discrimin...

Labor Department Announces FLSA Self-Audit Program

Posted by Eric Kingsley | Mar 29, 2021 | 0 Comments

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...

Covid-19 Employee Rights

Posted by Eric Kingsley | Mar 29, 2021 | 0 Comments

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 ...

Types Of Discrimination In The Workplace

Posted by Eric Kingsley | Mar 29, 2021 | 0 Comments

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 Wage And Hour Laws

Posted by Eric Kingsley | Mar 29, 2021 | 0 Comments

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...

“On-Call” And “Stand By” Labor Laws

Posted by Eric Kingsley | Mar 29, 2021 | 0 Comments

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...

No Win No Fee Employment Lawyers

Posted by Eric Kingsley | Mar 22, 2021 | 0 Comments

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 ...

IRS 20-Factor Test – What Employers Should Know

Posted by Eric Kingsley | Mar 21, 2021 | 0 Comments

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 ...

When To Contact A Wrongful Termination Lawyer

Posted by Eric Kingsley | Mar 19, 2021 | 0 Comments

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...

Statute Of Limitations For Sexual Harassment

Posted by Eric Kingsley | Mar 18, 2021 | 0 Comments

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...

What Behaviors Are Considered Sexual Harassment?

Posted by Eric Kingsley | Mar 01, 2021 | 0 Comments

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...

Unpaid Wage Lawsuits In California

Posted by Eric Kingsley | Feb 26, 2021 | 0 Comments

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 ...

How Much Do Employment Lawyers Cost?

Posted by Eric Kingsley | Feb 25, 2021 | 0 Comments

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...

CFRA Employment Lawyers

Posted by Eric Kingsley | Feb 25, 2021 | 0 Comments

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...

Am I Being Sexually Harassed At Work?

Posted by Eric Kingsley | Feb 15, 2021 | 0 Comments

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...

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