Employment Lawsuit Insurance: What to Do When Your Insurer Denies Coverage in California

The California Labor Code has a lost of the types of employees with exempt status under wage and hour law, or those to whom overtime pay and other wage/hour requirements do not apply. In California, exempt workers in businesses with 25 or less employees must make a minimum of $1,120 per week ($58,240 annually) as of 2022. Additionally, exempt workers in firms with 26 or more staff members must make at least $1,200 per week. Only if your job duties are inside the legal parameters outlined by the California Labor Code are you considered an exempt employee.

Employees in Executive, Administrative, and Professional Roles

The most significant and significant group of exempt workers is

• executive
• governmental
• professional personnel

Sometimes referred to as the "white-collar exception," this administrative exception to the overtime laws. In order to fall under this category's exemption from wage/hour legislation, an employee must:

• Has primary responsibilities in the executive, administrative, or professional domains. This typically means that they must devote at least 50% of their time to these tasks. For example running daily operations
• Exercising discretion and independent judgment on a regular and customary basis at work
• Earn a remuneration for full-time employment (40 hours per week) that is at least twice the state minimum wage.

The minimal salary needed for an employee to qualify for the white-collar exemption as of January 2022 is $58,240. Many people believe that anyone who receives a salary or works in an office qualifies as an exempt employee for this group. However, that is untrue in reality.

Exemption for Commission-Paying Employees

California law makes it clear that certain additional professions are exempt from overtime regulations in addition to the white-collar employees who are generally exempt from wage and hour laws outlined above. (The majority of employees eligible under these particular exemptions would likely also be exempt under the general exemption.) The final exception to the overtime laws is for those who:

• Rake in more than 1.5 times the minimum wage
• Commissions to make up the majority of their pay

Employees who receive commissions must therefore make more than $22.50 per hour  or $21.00 per hour to qualify for exemption .

Which Wage and Hour Laws Do Exempt Employees not Fall Under?

The overtime regulations in California do not apply to exempt employees. For example, if you work: It is not mandatory for your employer to pay you time and a half if you are an exempt employee.

• a day of labor has more than eight hours
• a workweek that lasts longer than forty hours.
• "work off the clock" otherwise.

Additionally, unlike non-exempt workers, it is not mandatory for exempt employees in California to get regular food and rest breaks from their employers.

What Can I Do if I'm Misclassified by My Employer?

When an employee is getting a salary rather than an hourly rate or has a "desk job," the employer frequently assumes that the worker is ignorant of the law and asserts that the person is exempt. A worker may even have a requirement to sign an employment contract "agreeing" to be exempt from overtime requirements before being asked to complete a significant quantity of "work off the clock" in specific circumstances. Nevertheless, none of these elements will qualify a non-exempt employee for exemption under California wage and hour law. One way to resolve the issue is by visiting HR or speaking with your manager about your status.  A wage and hour class action lawsuit may be suitable if many employees are impacted. Employees who were misclassified as non-exempt may also be entitled to reimbursement for unused lunch and rest periods.

Glendale Lawyer

If you or a loved one has concern about the differences between exempt and non-exempt employees in California or wants to discuss a case in confidence, contact one of our knowledgeable California employment attorneys. Please feel free to give our office a call at 310.943.1171.  

Workplace discrimination is prohibited in California. Employers who discriminate against a person because of a medical condition are breaking the law. They must make reasonable accommodations for employees with a medical condition unless doing so would cause excessive hardship. People subjected to illegal medical discrimination can sue their employer for monetary damages. The following commonly asked issues about lawsuits for discrimination against California workers based on medical conditions are addressed:

Is it Legal for a California Business to Refuse to Hire Someone with a Specific Medical Condition?

In most situations, it is illegal for an employer in California to reject to hire an applicant because of his or her medical condition or perceived medical condition. Discrimination in the workplace because of a medical condition is illegal under California state and federal law. Employers may have preconceived notions about a person's ability based on their worries or assumptions about their medical condition. According to the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against an employee because of a medical condition. The law requires that employers evaluate job applicants regardless of their actual or perceived medical issues. Employers must provide reasonable accommodations to an employee or applicant unless doing so would cost the employer undue hardship. Discrimination based on a person's medical condition is illegal in any area of work or hiring, including:

• Refusing to make a fair effort to accommodate you
• Refusing to engage in an interactive process with employees who require a reasonable accommodation in a timely and good-faith manner
• Refusing to employ
• Choosing not to participate in a training program
• Demotion
• Pay reductions
• Refuse a promotion.
• Refusal to reinstatement
• Benefits are denied.
• Forcing an employee to resign is a bad idea.
• Harassment
• Assign various responsibilities.

The Categories of Medical Illnesses That Are Exempt From Discrimination

A "medical condition" is defined as any of the following under the FEHA:

1. Any health problem caused by or linked to a cancer diagnosis or a cancer record or history.
2. Characteristics of the human genome "Genetic traits" means one of the following for this section:
3. • A scientifically or medically identifiable gene or chromosome, or combination of genes or chromosomes, that is known to cause diseases or disorders in a person or in his or her offspring or that is statistically associated with an increased risk of causing disease or disorders but is not currently associated with any symptoms of any disease or disorder.
   • Inherited characteristics that may be inherited from an individual or a family member, that are known to be a cause of disease or disorder in a person or his or her offspring, or that have been determined to be associated with a statistically increased risk of developing a disease or disorder, but are not currently linked to any disease or disorder symptoms.

Genes or chromosomes that suggest a higher chance of diseases like cancer, heart disease, or Lou Gehrig's disease are examples of genetic disorders. An employer may discriminate against a genetically predisposed employee because the employer believes the individual may require medical leave or time off. Medical illnesses and mental or physical disability may coexist. Any mental or psychological problem or condition that impairs a major life activity is considered a "mental disability." Limitations are set without consideration for mediation, assistive technology, or reasonable adjustments.

Chronic diseases or medical disorders that cause mental impairments include:

• Bipolar disorder
• Clinical depression
• Schizophrenia
• OCD
• Anxiety
• Dementia

Disfigurements or diseases that impair the body and limit significant living activities are called "physical disabilities." This includes the following:

• Physiological disease
• Disorder
• Condition
• Cosmetic disfigurement
• Anatomical loss

Physical disabilities encompass both long-term and short-term conditions, such as:

• Impaired eyesight
• Impaired hearing
• Impaired speech
• Chronic diseases
• Hepatitis
• HIV/AIDs
• Diabetes
• Loss of a limb
• Cancer
• Pregnancy and childbirth

Contact Our Office for a Consultation Now

If you or someone you know has been diagnosed with a medical condition and is facing employment difficulties, please feel free to call our office at 310.943.1171. Do not hesitate to contact KAASS LAW if you have questions about California disability discrimination laws or discuss your case confidentially with one of our experienced California employment law attorneys.

In California labor law, a "implied employment contract" is an agreement between you and your employer that is developed via both parties' behavior rather than through paper. The "at-will" rule states that unless an employer and employee have agreed otherwise, either party may end the employment relationship at any moment, for any reason or no reason.  However, if your employer fires you despite an implicit contract for continuous employment, you may be able to claim for damages under California's wrongful termination laws.

In California, What Does it Mean to Have an Implied Employment Contract?

An implied contract is a legally binding agreement that is made by the actions of the contracting parties rather than being written down. In the context of employment law, an implicit contract often refers to an agreement between the employer and the employee not to fire the employee without cause. Employees who do not have an employment contract or a collective bargaining agreement in California face the risk of being fired at any time, regardless of whether there is a legitimate reason. This is referred to as the "at-will" employment policy. An implicit employment contract, on the other hand, is an exemption to the at-will employment rule. (Wrongful termination in violation of public policy is another exemption.) If you can establish that your employer's previous actions generated an implied contract not to terminate employment without cause, you can claim for wrongful termination if you lose your job in a way that violates that contract's provisions.

How do I Show that my Employer and I Have an Implied Contract?

The conduct of your employer, that is, its actions, creates an implied contract. As a result, evidence of your employer's behavior is the best approach to prove the existence of an implicit contract between you and your employer. California courts are obliged to consider all of the conditions of the employee-employer relationship when determining whether or not an implied employment agreement exists. The following are some of the most important factors to consider when determining whether you and your employer had an implicit employment contract:

• The general personnel policies and procedures of your employer
• The amount of time you had spent working for that company.
• Employer actions or statements ensuring you that you will be employed in the future
• Practices in the field in which you were employed.

What Damages Can I Recover in a Wrongful Termination Lawsuit Based on an Implied Contract?

If you sue your former employer for wrongful termination under the implied employment contract basis, your damages will usually be restricted to the implied contract's worth. As a result, the damages for a breach of an implied employment agreement will be as follows:

• The amount you would have earned from your employment up until the day you received your court judgement, including the worth of any benefits and potential wage rises
• The present value of the amount you would have earned from your employer (including benefits and pay increases) from the date of your court verdict for as long as the employment might reasonably have been expected to continue
• The amount you may have made in the same time period from other jobs that were substantially similar.

Many employees who are suing their employers for breach of implicit employment contracts are surprised by the last item on the list above. Plaintiffs in contract litigation in California must "mitigate damages," which means they must try to recoup the money they lost because the other party to the contract broke their promise. That means that, in wrongful termination cases based on an implied contract basis, your damages may be reduced by the amount you could have earned in another job after you were dismissed, if your employer can establish that:

• You had the opportunity to work in a job that was very comparable to your previous one.
• You were unable to find and keep such a work.

More Info and Deadlines

The statute of limitations for launching a wrongful termination action based on a breach of an implicit employment contract is two years from the date of termination. This may appear to be an interminable period. However, before to filing a lawsuit, you must conduct research and gather information to ensure that you can provide the strongest possible case. If you believe you have a case against a former employer for breach of implied employment contract, you should contact a wrongful termination lawyer as soon as possible in order to discuss your options and begin gathering evidence for your case. Feel free to give our office a call to schedule a consultation for your case at 310.943.1171.