California Labor Code

Under the California labor code, overtime pay laws apply by their terms to all employees in the state who are non-exempt. The California Labor Code declares in plain English that any work in excess of eight hours in one workday and 40 hours in any one workweek must be compensated at the rate of no less than one and one-half times the regular rate of pay.

If an employer violates overtime pay laws under the California Labor Code by failing to pay wages in the amount, time or manner required by contract or by statute, the employee has two primary options. First, the employee may seek judicial relief by filing an ordinary civil lawsuits against the employer for violating the California Labor Code. The other option for the employee is to seek administrative relief by filing an overtime pay claim with the California Labor Commissioner pursuant to California Labor Code Section 98.

Under California Law, the term "wages" is broadly construed to include not only the regular hourly earnings of the employee but also the other benefits to which the employee is entitled as a part of compensation plans. Wages include those benefits to which an employee is entitled as a part of his or her compensation, including money, room, board, clothing, vacation pay, and sick pay. Incentive compensation, such as bonuses and profit-sharing plans, also constitute wages. When an employer calculates an employees regular rate of pay for purposes of calculating overtime pay, the employer is required to include the commissions and bonuses made by the employee during the pay period.

The failure to include the commissions in the regular rate of pay is considered a violation of the California Labor Code. Pursuant to California Labor Code section 1194 on minimum wages, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney fees, and costs of suit. 

Under California labor code section 203, when an employer intentionally or willfully violates wage and hour laws, former employees can recover wages for each day they are gone from the company after leaving or being fired, for a maximum of up to 30 days of their salary. This violation of the California labor code requires that the employer willfully violates the law.

Sexual Harassment in the Workplace

Under the California Fair Employment and Housing Act (FEHA), it is illegal to sexually harass another employee in the workplace. Sexual harassment is forbidden under FEHA and Government Code section 12940. FEHA law is administered by the California Fair Employment and Housing Commission (FEHC). The FEHC considers sexual harassment to include verbal, physical, and visual harassment. Sexual harassment protections encompass both professional relationships and independent contractors.

Sexual harassment may occur in a professional relationship in which the client or customer is sexually harassed. These relationships covered by FEHA include: doctor/patient, attorney/client, landlord/tenant, teacher/student, and many other similar relationships. An independent contractor is described as any “person providing services pursuant to a contract.” Under FEHA, it is illegal to sexually harass an independent contractor. It is also illegal to harass on the basis of that person’s gender, race, religious views, marital status, sexual orientation, etc.

An unwanted sexual advance from a coworker of the same sex is also considered sexual harassment under FEHA. A California court of appeal determined that sexual harassment includes unwanted advances regardless of the gender or sexual orientation of the victim or the harasser. This was decided in Mogilefsky v. Superior Court. A California court of appeal did, however, decide that the use of vulgar language that is not motivated by sexual interest does not amount to same-sex harassment.

If there is special treatment resulting from a consensual romantic relationship, then it is not typically considered sexual harassment. A California court did not acknowledge a claim for sexual harassment in which a romantic relationship between a supervisor and a secondary employee resulted in the special treatment of the secondary employee. Therefore, the law does not forbid special treatment based on consensual romantic relationships. The court did come to suggest, however, that there may be grounds for a lawsuit if a romantic involvement with a manager will lead an employee to work-related benefits. Furthermore, there could be grounds for a lawsuit if an affair involving a manager and an employee creates a hostile and uncomfortable work environment.

In a California Supreme Court case, there were two female employees at a prison who claimed that the warden had initiated sexual affairs with several other female employees. The employees involved in the affairs were alleged to receive rewards, promotions, and favorable tasks as a result of their romantic relationships. The Court decided that the extensive sexual favoritism in this workplace created a hostile work environment because the female employees were led to believe that sexual conduct with their supervisor would result in favorable treatment or discrimination in the workplace.

How to Start Employment Discrimination Lawsuit

This guide provides information and resources for employees on how to sue their employer for violating wrongful termination laws, discrimination laws and other employment laws.

According to the California Labor Code, employees are presumed to work for an employer at-will
Pursuant to the at-will work law, the boss is authorized to discharge employees because of any reason, no reason, a good reason or a bad reason. However your boss cannot discharge your position due to the fact that the you engaged protected conduct. For example, a company cannot legally discharge an employees position due to the fact that the you filed a  wrongful termination claim. Terminating a Your work for this reason may be considered wrongful termination based on discrimination .

In the event that sue an employer based on a violation of wrongful termination laws, you are required to complete administrative prerequisites. First, employees must make a legal claim with the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission (EEOC). Once looking into the contentions about a violation of wrongful termination laws, the agency almost always sends you a “Right to Sue” Letter, which gives workers to hire an attorney.

California Employment Lawyer Guide

California is prestigious for being one of the biggest states in the universe. All of the powerful employers in the United States have developed workers in the state. However, despite the fact that it is one of the greatest spots in the country, people have recently been hiring lawyers to look into illegal workplace conduct dealing with employees rights with respect to workplace discrimination laws.

Prior to Hiring a California employment lawyer, there are A Few Important Issues Workers Should Know.

The first factor that people Should Think About Before Retaining a Employment Law Firm is of course finances. Many employees attempting to sue their current or former employer don't have the financial resources needed to go up against a large company in a case for illicit company activity dealing with illicit wrongful termination laws, discrimination laws and wage & hour laws. As such the first, important thing Employees Should Consider Prior to Emailing a Labor Law Attorney is whether to consult with a hourly law firm or a no win no fee contingency lawyer. Considering the excessive number of assets that enormous companies can get, the most efficient option for employees is to retain a  contingency fee Employment Attorney. Indeed, this option, as opposed to Retaining a hourly law firm, is attractive when considering that the lawyers are not paid unless they win a settlement for you and the bigger trial verdict they get for you, the more money the attorney gets so you can be confident that the law firm will make their best effort.

The second Hidden Issues You Need to Know Before Hiring a Labor Law Attorney is whether or not the attorneys has a track record of success. Although a track record of success cannot guarantee a favorable trial verdict in your suit, history has a tendency to repeat itself and it is far fetched when the same Employment Law Attorneys  get victories.

The final Important Secrets One Should Know Prior to Seeking Advice from a Employment Law Lawyer is where the attorney maintains its employment law office. A lot of California employment lawyers usually have offices throughout the state of California.

Higher Out of State Tuition: Constitutional?

This post is dedicated to the lawsuit entitled Lambert v. UC Regents of the University of California which was filed in the Southern District of California. The lawsuit against the UC Regents alleges that it is unconstitutional to charge out of state students more tuition than in state students. Stay tuned and bookmark this page to learn more about the progress of the lawsuit. Click here to read a copy of the lawsuit that was filed against the UC Regents alleging that it is unconstitutional to charge out of state students higher tuition rates than in state students.

Advice on Employment Law from top San Diego Discrimination Attorney:

California employees who believe their rights are being violated at their place of work should read this short piece of advice regarding employment law from a San Diego discrimination attorney. The topic of discrimination is among the most common topics in which the rights of employees tend to be violated.

According to the National Labor Relations Act (NLRA), discrimination against an employee for the purpose of discouraging or encouraging unionization is an unfair labor practice. Interestingly, any two or more unaffiliated employees who engage in activities may qualify to serve the purpose of Section 8(a)(3) of the NLRA, even if there is no formal organization which they are specifically acting on behalf of. Whether in regards to hire, tenure or any other term or condition of employment, the employer cannot commit this type of discrimination. The San Diego discrimination attorney has been defending California employees who have suffered similar discrimination issues for over a decade.

It can be very difficult for employers to prove no link exists between an act of discipline toward an employee who broke a work rule and the fact that this employee participated in a union activity. Until the employer can prove such discipline would have taken place even if the employee had not participated in the union activity, it remains an unlawful punishment. Contact a San Diego discrimination attorney if you participated in a union activity and, consequently received an unlawful punishment from your employer.

Many employees who consult a San Diego discrimination attorney are unclear what exactly constitutes a violation of the NLRA. Here are a few common violations: firing, suspending or demoting an employee because he/she urged other employees to join a union; granting seniority to those who replace employees participating in a legal strike; and refusing to hire qualified applicants as a result of them belonging to a union. These are just a few examples out of many which a San Diego discrimination attorney can help defend you against in order to recover the compensation you deserve.

Contact the San Diego discrimination attorney with questions or concerns.

"Good Cause" to Fire: Do Companies Need It?

According to California law, an at-will employment may be ended by both employees and companies at any time {without|with out|even if there is not| cause, for any or no reason. An at-will employment could also be terminated at any time, with or without trigger, for any lawful motive or no reason at all, assuming that there was no violation of public coverage involved.Just as an at-will employment may be terminated at any time, an at-will worker could also be demoted at any time; similar precept extends to an employer's unilateral change within the terms of employment, such as a wage reduction.

There is presumption of at-will employment if the employees and the companies have not made explicit oral or written agreement specifying size of employment or grounds for termination; nevertheless, such presumption may be overcome by proof that regardless of absence of specified time period, parties agreed that employer's authority to {fire|terminate|get rid of| could be restricted not directly, e.g., by requirement that firing be based solely on “good cause.” In employment context, elements apart from consideration and express phrases may be used to establish existence and content of employment agreement, including personnel policies or practices of employer, employee's longevity of service, actions or communications by employer reflecting assurances of continued employment, and practices of business through which employee is engaged

According to California law, undeniable fact that worker's supervisor received poor efficiency opinions didn't overcome presumption of at-will employment and form implied contract allowing termination solely upon displaying of excellent cause; employee and supervisor weren't equally situated, there was no showing that somebody in worker's place would stay employed given a number of and persevering with notes and comments of poor efficiency supplied to employee, and worker didn't argue he was aware of supervisor's efficiency evaluations earlier than or at time of termination.