Federal and state labor laws require employers to pay workers a minimum wage as well as overtime wages. California has a higher minimum wage and some cities and counties in California have a higher minimum wage that the state. In these cases, employers must pay the higher local rate. Overtime rat...
If you believe your employer has violated wage and hour laws, you may be owed unpaid wages. These are essentially wages your employer should have paid you for work you did and not paying them is a violation of federal and state labor laws. You are also eligible to receive interest for the money t...
California's labor laws require employers to pay workers on time. Employers are also required under the law to pay wages - typically within 72 hours - to employees who resign or are terminated. When employers fail to meet these legal obligations, they are liable to pay a waiting time penalty that...
Allied Universal Security Services, a security company that employs more than 800,000 workers, and many of its affiliates, are facing several claims and class actions alleging that they owe employees unpaid wages in the aftermath of a 2021 data breach that threw a wrench in the companies' timekee...
When an employer violates California wage and hour laws, you may be able to recover the unpaid wages by filing a lawsuit against your employer.
If you are an undocumented worker and are not being paid wages you earned, you have the same rights as any other California resident. Learn more about your rights as an employee in California.
For those interested in the history of the California minimum wage, the California Department of Industrial Relations provides a historical perspective in table format. The minimum wage information takes us back to 1916 when the minimum wage was $0.16. According to the published information, the ...
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...
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...
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...
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...
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...
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...
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...
Harassment in the workplace is illegal under California as well as federal laws. It is a form of discrimination that exhibits a pattern of unwelcome behaviors toward employees, creating a hostile work environment. Often, workplace harassment is behavior that targets employees based on their rac...
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...
FMLA stipulates that covered employers must allow an eligible employee to take up to 12 weeks of unpaid, job protected leave for specific family or medical reasons. Here are several questions and answers that will help you to gain a better understanding of The Family and Medical Leave Act. What A...
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...
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...
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 an employee is terminated from his or her job in California, he or she does have certain rights. For example, an employee who has just been fired or laid off has the right to receive a final paycheck and has the option of continuing health insurance coverage in addition to being eligible for...
If you have been wrongfully terminated from your job, or if you are being harassed, discriminated or face a hostile work environment, you may be overwhelmed thinking about how to fight for your rights and hold your employer or former employer accountable. When you are looking for a Los Angeles em...
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...
You do not have to go through this alone. Contact our Los Angeles Employment law firm for a free case evaluation. We represent our clients on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation, and you will never have to pay out-of-pocket. California-only. We are unable to help those outside of California. Call (818) 990-8300
