Just because you get a salary doesn’t mean you can’t earn overtime in California. Many businesses incorrectly label workers as “exempt” from overtime or as “salaried” to save money, which is against the law. To be exempt from overtime, you need to: Make at least twice the minimum wage for full-time work. Spend most of your work time on tasks like managing, running administrative...
Yes, you can resolve a straightforward wage claim through filing a claim with the California Labor Commissioner’s Office, without hiring an employment attorney. Once you file a wage claim, the Labor Commissioner’s Office investigates the case to determine if there are indeed unpaid wages. If unpaid wages are found, the Labor Commission typically arranges a mediation session where the employee and...
In California, firing an employee for any of these reasons might be considered wrongful termination: Not being able to work like before because of an injury or illness. Complaining about or reporting not getting paid properly. Reporting unsafe or unhealthy conditions at work. Reporting any illegal actions happening at work. Refusing to do something illegal that the company asked you to do...
No, they can’t. In California, it’s against the law for job interviewers to ask you about your sexual orientation, gender identity, or how you express your gender. They also shouldn’t ask indirect questions about things like your body or your partner. Plus, job application forms shouldn’t make you say what your gender is, and you can’t be hired or not hired just because of your...
Mean behavior at work is only illegal if it’s because of certain personal traits that are protected by law. This means that someone being just mean isn’t breaking the law. But if they target you because of your: Race Religion Skin color Where you’re from Your ancestors Physical disability Mental disability Medical conditions Genetic details Whether you’re married Your sex (this includes all...
I get a lot of calls from people who feel their boss is out to get them. It’s important to know that not all kinds of retaliation are against the law. In California, the law only stops employers from punishing you if you were doing something that’s protected by law. Protected activities include: Complaining about not getting paid what you’re owed. Speaking up about safety issues at work...
California law makes it illegal for employers to fire, pay less, not hire, demote, or reprimand you because of your membership in a protected class or because you stood up against unlawful discrimination at work. Protected classes include your race, religion, skin color, national origin, family background, physical or mental disabilities, medical condition, genetic information, marital status...
Yes, California law says it’s illegal for employers to lie about a job to get you to move for it. This includes lying about what the job involves, if the promised position really exists, how long the job will last, the conditions at work, and what it’s like to live near the job. If you moved because of false promises about a job, you can get money back for your moving costs, your housing...
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