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.
The most significant and significant group of exempt workers is
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:
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.
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:
Employees who receive commissions must therefore make more than $22.50 per hour or $21.00 per hour to qualify for exemption .
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.
Additionally, unlike non-exempt workers, it is not mandatory for exempt employees in California to get regular food and rest breaks from their employers.
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.
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.
Paid leave is a critical benefit for California employees, ensuring time to care for personal health or that of a loved one without the burden of lost wages. While California's paid sick leave laws aim to support workers, they can be confusing, especially for part-time or temporary employees. Employers must understand their legal responsibilities, and employees need to know their rights to avoid potential disputes.
At KAASS LAW, we help workers navigate California labor laws and hold employers accountable when they violate those rights. In this blog, we’ll explain who is eligible for paid leave in California, how much time workers can accrue, how payment is calculated, and what happens when sick leave runs out.
Under the Healthy Workplaces, Healthy Families Act of 2014, most employees in California who work for the same employer for 30 or more days within a year from their start date are entitled to paid sick leave. This includes:
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:
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 , 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:
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.
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.
Long-term disability insurance policies provide financial assistance to those who can no longer work due to an injury or prolonged illness. It typically covers disabilities that prevent those from working for at least two years, as opposed to short-term disability insurance, which covers disabilities that last shorter than that. These policies generally do not pay the disabled party’s full salary upon stopping work, and depending on the policy, tend to pay between half and three-quarters of it. Many full-time employees already have long-term disability insurance through their employers.
The process of filing a claim can be done by following these three steps. Keep in mind that you may want to submit any other documentation that is not required for submitting a claim but that you think will help your case. The steps are as follows:
Employers in California are required by law to give lunch or meal breaks to employees who work a certain number of hours.
Employees who work more than 5 hours a day are required by Labor Code 512 to take a 30-minute meal break. However, if the employee works over 5 hours per day but less than 6 hours and wishes not to take a meal break, the employer has the right to allow the employee to not take it. If an employee works more than 10 hours per day, a second meal break of at least 30 minutes must be provided. However, if the employee works less than 12 hours a day, he or she may waive their meal period, but only if they did not waive the first meal period.
Your employer is not compelled to compensate you for your lunch break in most cases. If an employee works for 5 or more hours in a shift, the employer is required to provide a lunch break, but the business is not compelled to pay the employee for the break time. Employees may be given a paid lunch break by some companies, but it is not required by California labor regulations for non-exempt employees. If they are not compensated, many employees may not want to take a lunch break. Employees may opt to leave work early. Even though they are not compensated for the break, an employee cannot waive his or her lunch break if he or she is working 6 or more hours each day. If an employee works fewer than 6 hours a day, they can waive their dinner break. During his or her lunch break, an employee who is not relieved of all duties is still regarded "on duty." This comprises individuals who have been relieved of all responsibilities yet are required to remain on the job. A meal interval spent "on duty" is counted as hours worked and must be rewarded at the employee's regular rate of pay. Only when the nature of the job precludes the employee from being relieved of all obligations and by written agreement are "on duty" lunch breaks permitted.
California has overtime pay laws that apply to non-exempt employees. These workers are eligible for overtime pay if they work more than a typical workday or workweek in California. This article will provide information about the overtime pay laws in California. If they labor for more than 12 hours in a weekday, or for more than 8 hours on their seventh consecutive day of work, they may be entitled to double time pay, or twice the employee's regular rate.
Non-exempt employees must be paid at least 1.5 times their hourly rate for overtime work under California labor rules. Overtime pay is based on a salary, not an hourly wage and the calculation does not include bonuses or commissions.
Non-exempt employees who have agreed to work an alternate weekly plan are also exempt. At least two-thirds of the impacted employees must consent to these schedules. Workers may be required to labor for up to 10 hours each day without accruing overtime under certain schedules. Employees who work on a different workweek plan are still entitled to overtime if they:
Yes, California has discrimination laws. Employers who discriminate against a protected class of employees or job candidates are breaking the law, according to the California Fair Employment and Housing Act. Victims of workplace discrimination have the right to sue their employer for monetary damages.
Evidence of discrimination in the workplace could include demonstrating that particular groups of employees are treated differently than others. It could also involve abrupt shifts in an employer's attitude toward an employee after learning that the individual belongs to a protected group. If you think you are being discriminated against, please look for the following examples:
Wage and hour violations are common, and often neither the employer nor the employee is aware that they are taking place. Wage and hour violations include unpaid wages, violations of California minimum wage laws, non-compensation or denial of regular meal and rest breaks, illegal wage deductions and payroll errors, late wage payment, denial of reimbursement for work-related expenses, failure to provide wage statements, failure to pay wages upon termination, and misclassification.
Attorneys frequently submit claims for unpaid regular and overtime salaries on behalf of individuals and groups of individuals. Regular and overtime pay are governed by regulations at the local, state, and federal levels, but in general, California's municipal and state laws safeguard employee earnings more than federal rules. Workers have protections from state and municipal laws that require they be compensated at least the minimum wage for their time worked. In California, regular and overtime pay are governed by regulations at the local, state, and federal levels. In general, California's municipal and state laws safeguard employee earnings more than federal rules.
California is known for its strong laws that protect employee. When it comes to their rights, this is extremely important for workers, especially when they need to take rest and or meal breaks. Having compliance with these regulations is not just a legal obligation for employers. As a result, it is crucial for fostering a productive, healthy and legally sound work environment. Here at KAASS LAW, we are dedicated to providing an informative to all our readers and or clients so they may prosper efficiently at their work place. The following will shine a light on meal breaks and rest periods during your ideal work environment.
According to the Department of Industrial Relations and CA Labor Code 512, non-exempt employees in California must have a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day, according to wage and hour law. The meal break must be within the first five hours of the workday. Employees who work more than ten (10) hours a day have the right to a second 30-minute meal break.
Exceptions to this rule apply to certain groups, such as:
If you're unsure whether you qualify for paid leave, it's best to consult with an employment attorney to review your situation.
California law requires employers to provide at least one hour of sick leave for every 30 hours worked. Employers may cap annual paid leave at 24 hours or three days (whichever is more), and limit total accrual to 48 hours or six days.
However, companies can choose to offer more generous policies. They may also frontload sick leave at the start of each year instead of accruing it based on hours worked.
For example:
Part-time workers are entitled to the same accrual rate as full-time workers—one hour of paid leave for every 30 hours worked. Employers cannot deny part-time workers their right to use earned sick leave.
During the COVID-19 pandemic, part-time employees with regular schedules were eligible for supplemental paid leave equal to two weeks' worth of hours. Those with variable schedules qualified for seven times the average daily hours worked in the prior six months.
When you take paid sick leave in California, your employer must pay you at your regular hourly rate. This applies to both exempt and non-exempt employees.
However, for COVID-19 supplemental paid sick leave, the rules vary slightly. Non-exempt employees are entitled to the highest of the following:
Exempt employees receive their normal salary, as determined by the same method used to calculate other paid leaves (e.g., vacation time).
Employers are not obligated to pay employees who require additional time off after using all available sick leave. However, workers may still qualify for job-protected unpaid leave under California or federal law, such as:
These laws protect eligible employees who need to care for a family member, recover from a serious illness, or welcome a new child. When a worker returns from leave, the employer must reinstate them to the same or a similar position. Retaliation, demotion, or termination due to time off under these laws is illegal.
Employers in California may not deny, interfere with, or retaliate against employees for using their lawful paid sick leave. Common violations include:
If your employer violates your rights, you may file a complaint with the California Labor Commissioner’s Office or pursue legal action. Learn more about wrongful termination in California, one of the most common consequences employees face when they try to exercise their labor rights.
Yes. California law requires employers to maintain accurate records of sick leave accrual and usage for at least three years. They must also provide a written notice of available sick leave on each pay stub or attached document.
If you believe your employer isn’t properly tracking or displaying your paid leave, this may be a sign of noncompliance. For more details about employment law protections, check our blog on wage and hour violations.
You have legal options if you believe your employer has denied you leave or retaliated against you for using it. At KAASS Law, we help employees protect their rights and secure the compensation they deserve. Let us help you understand your sick leave entitlements and pursue a claim if your rights were violated.
📞 Call us today at 310.943.1171 or visit the California Department of Industrial Relations to learn more about your rights under state law.
A "medical condition" is defined as any of the following under the FEHA:
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.
Physical disabilities encompass both long-term and short-term conditions, such as:
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.
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:
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:
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:
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.
Insurers can deny a long-term disability insurance claim for a variety of reasons. For example, they might claim that your disability is not severe enough to prevent you from performing the duties of your job, or that your treatment history does not offer compelling evidence that you are too injured/ill to work. They may also reject it based on you missing a deadline that was agreed upon in the policy, so it is imperative that you are aware of when you must submit the claim in order to gain compensation. There are instances when insurers act in “bad faith” when rejecting a claim, meaning that the insurer wrongfully denied your claim or denied it based on an insufficient reason. Some examples of acting in bad faith are:
Are you in need of additional information regarding long-term disability insurance claims in California? Our employment law attorneys at KAASS Law would be happy to help you out. Get in touch with us anytime at (310) 943-1171 or fill out the form below. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
Employees may not be required to continue working during a break or to be "on call" during a meal or rest period. Depending on the job, an employee may be required to stay "on-site" or in the workplace during their lunch break. Employees must be compensated at their usual rate of pay during "on-duty" meal periods. An "on duty" lunch break is only permissible if the following conditions are met: The nature of the job prohibits the employee from being relieved of all responsibilities; and The employee agrees in writing to remain on site during meal periods, with the written agreement stating that the employee may renounce the agreement at any time in writing.
California labor laws are meant to protect employees from being exploited by their employers. Feel free to give KAASS LAW a call to get the compensation you need for your employment matters. To reach our office line, dial 310.943.1171 to book a consultation.
There are two types of overtime pay: time-and-a-half and double time. Time-and-a-half means that an employee gets paid 1.5 times their hourly wage for every hour they work over 40 hours per week. Double time means that an employee gets paid twice their hourly wage. When a non-exempt employee works, they start earning double time pay instead of merely overtime compensation:
Martin, for example, is a construction worker. He is a full-time, non-exempt employee. His regular salary rate is $20 per hour. Martin's supervisor adds hours to his work schedule to fulfill a construction deadline. Martin works seven consecutive 14-hour days in a week, not including food or rest breaks. In the end, he worked for a total of 98 hours. Martin is entitled to time-and-a-half overtime pay of $30 per hour for the ninth through twelfth hours he worked for the first six days, in addition to his regular pay. He is also entitled to overtime premium, or double time pay, of $40 per hour for the thirteenth and fourteenth hours he worked for the first six days of work, as well as for the 14 hours he worked on the seventh day.
Non-exempt employees are those who are covered by California's wage and hour rules, as well as federal legislation such as the Fair Labor Standards Act (FLSA). Exempt employees, on the other hand, are not covered by certain workplace legal protections. Non-exempt employees are covered by the following laws:
These vital legal protections are not available to exempt workers. In California, however, these workers are entitled to a minimum weekly compensation that is at least twice the state's minimum wage for full-time employment.
If you or someone you know would like to understand further on California Overtime Pay Laws, feel free to give KAASS Law a call at 310.943.1171 and set up a consultation with our attorney in order to discuss your case further.
Employers that are members of the same protected class as the employee are nonetheless permitted to discriminate. An African-American manager, for example, could prejudice against an African-American employee or candidate. A female employer can treat a female applicant unfairly because of her gender.
Before an individual is ever hired, employment discrimination rules apply to job applications, job seekers, and interview circumstances. Improper job application forms or interview questions could be a symptom of probable employment discrimination. When an employer asks a person these questions, they may be breaking the law.
Employers may not force a candidate to take a medical or psychological assessment if no other prospective workers are required to do so, or if the examination is not job-related and in line with business requirements. An employer, on the other hand, may ask job applicants if they are capable of performing the job's essential functions and how they would carry out the duties. After an applicant has been granted a position, the employer can condition it on the applicant passing a medical exam or answering medical questions if all new workers in a similar job function must also answer these questions or undergo a medical exam.
It is a civil right under California law to be able to seek and keep work without being discriminated against on the basis of race, religion, sexual orientation, or other forms of unlawful discrimination. Employees who are discriminated against might launch a discrimination lawsuit against their employers. You only have a limited amount of time to initiate a lawsuit against your employer for discrimination in the workplace. The time restriction is determined in part by the manner in which your complaint was handled. However, depending on the circumstances, these dates may be extended or shortened. The time limits to file a lawsuit vary depending on if its a federal discrimination lawsuit or a California discrimination law suit. See below for details.
In general, you must file a complaint with the DFEH within three years of the latest act of discrimination or retaliation in the workplace. Before you can bring a case in civil court, you must first get a Right-to-Sue notice. You have one year from the date the state sends you a notice of your right to sue or does not pursue your claim to file a lawsuit in state court.
You have 180 days to file a federal employment discrimination complaint. However, if a state or local agency enforces employment discrimination statutes on the same premise as the EEOC, the period can be extended to 300 days. Employees in California would have 300 days to submit an EEOC complaint for the majority of employment discrimination claims. You must first get a notice of right to sue in order to file a federal employment discrimination claim. After receiving a notification of right to sue from the EEOC, the employee usually has 90 days to bring a civil case.
Aside from employment discrimination, there are other types of discrimination as well. Some of the other types of discrimination are related to housing, education, and finances such as loans or sales.
If you or someone you know has been discriminated against at the workplace, feel free to contact KAASS Law today at 310.943.1171. Our specialized employment attorneys will be able to assist you with this matter.
While uncommon, an employer may provide cumulative vacation pay to an employee yet fail to pay out any accrued but unused vacation pay after the individual leaves the company. While California does not force businesses to provide vacation or vacation pay, if an employer chooses to grant and enable employees to accrue vacation time, the employee is entitled to be paid out any unused vacation time when the employee leaves the company. Because vacation pay cases can be tricky, we usually recommend consulting an attorney to assist you in determining whether or not you have been paid your vacation money. This usually necessitates a study of the relevant wage statements, accrued hours, and other pertinent data.
Non-exempt employees in California may be entitled to obligatory overtime compensation if they work more than:
If non-exempt employees work more than eight hours in a single weekday, they are usually entitled to overtime pay. Non-exempt employees who work more than 10 hours in a single workday under an alternate workweek plan are normally entitled to overtime pay. Employees who work more than eight hours on a given workday are still entitled to overtime pay, even if they generally work eight or fewer hours each day on average. Also, persons who work less than eight hours each day on a regular basis are not eligible to overtime pay if they work the whole eight hours. They would be paid at their regular rate until they had worked for eight hours.
If non-exempt employees work more than 40 hours in a single workweek, they are usually eligible to overtime pay. It's also worth noting that a worker's daily overtime hours do not count toward his or her weekly overtime hours. This means that before getting overtime pay for working more than 40 hours in a workweek, an employee must work at least 40 hours at a regular hourly rate (straight time pay), even if the person is already receiving overtime pay for working more than eight hours on a workday. This law prevents employees from pyramiding, which is when they are given double credit for the hours they labor. Also keep in mind those who work fewer than forty hours per week are not eligible for overtime pay if they work the full forty hours. They'd receive pay at their regular rate until they'd worked for forty hours.
For the seventh consecutive day of work in a workweek, non-exempt employees are normally entitled to overtime pay. Employers, like workdays, get to choose when their workweek begins. Working seven days in a row does not automatically entitle employees to overtime if those seven days are spread across two different workweeks. Employers may assign various workweeks to different employees. Employers also cannot adjust workweeks in order to avoid paying employees overtime.
Contact KAASS Law for more questions about wages and employer violations anytime. If you are an employee and can show that your employer violated any of the above wage and hour laws, and that you suffered damages as a result of the violation, you may have a claim for wage and hour violation under the relevant Industrial Welfare Commission Wage Orders, the new Fair Wage Act of 2016, PAGA, and the relevant California Labor Code sections.
Non-exempt employees who work three and a half (3 1/2) hours or more in a day are required by California labor law to take rest breaks. Employees are entitled to ten (10) minutes of relaxation for every four (4) hours, or a significant fraction worked in a day. These breaks should be during each 4-hour period as much as practicable.
Rest break must be ten minutes long and uninterrupted. During the break, an employee must release of all obligations, and the employer must provide "appropriate resting facilities" in a location apart from the restrooms. Rest breaks, unlike meal breaks, are compensated. Employers are not permitted to ask employees to remain on-site or on-call during rest periods.
Rest periods may choose to skip by employees. Employees cannot pressure or encourage to skip rest periods by their employers.
A meal break is an unpaid and uninterrupted period that an employee has to do what they wish during their 30 minutes provided break. Further, during the meal break the employer must:
Employers are cannot do from the following:
Employers must provide meal/lunch breaks but are not, upon requirement, to ensure that their employees take them.
An employee who works a shift of six hours or less may give up their right to a meal break. Meal break waivers do not need to be in writing, but both parties must agree to them. If the employee's shift is more than ten hours but not more than twelve, they can renounce their right to a second meal break as long as they take the first one—they cannot waive both breaks on the same day. Employees who work through a meal break do not have the right to depart early.
Yes, and yes, you should. If your employer refuses to give you a meal or rest breaks, you have the right to a penalty of one hour's earnings for each day you were denied any rest breaks, as well as a penalty of one hour's wages for each day you were denied any meal breaks (for a maximum penalty of up to 2 hours' wages per day). Due to a recent California Supreme Court decision, the filing date for meal and rest breaks violations is normally three years. Still, in some situations, a one-year filing deadline may apply.
At KAASS LAW, we are committed to protecting the rights of employees throughout California. If you are an employee who has been legally denying required rest or meal breaks, or if you are an employer seeking guidance on ensuring compliance with these complex laws, our experienced labor law attorneys can help. We provide:
Ensuring compliance with California's employee rest and meal break laws is not just about avoiding penalties; it's about fostering a fair and productive workplace. Whether you are an employer seeking to do right by your employees or an employee whose rights have been violated, KAASS LAW is here to provide the legal support you need. Contact us today for a consultation to discuss your specific situation. We also offer help if with employment contract violation.