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How Can I Tell If I am Misclassified as an Independent Contractor?

People often want to understand the rules regarding “classification” of employees. These rules determine whether you are subject to the employment laws, whether you are entitled to overtime, and whether you are entitled to meal and rest periods, among other things. You can be misclassified in several ways. First,...

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What is the Difference Between an Exempt and Non-Exempt Employee?

What is the Difference Between Exempt & Non-Exempt? The main difference between an exempt and non-exempt worker is whether or not they qualify for overtime pay. Exempt employees are not eligible for overtime, whereas non-exempt employees do get paid overtime. What determines who is classified as exempt or non-exempt...

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What Are Point Systems for Work Attendance, and Are They Legal?

Many employers have implemented so-called “no-fault” attendance policies that count all absences—regardless of the reason—against employees, with some specific number of absences leading to discipline or even termination. These policies are sometimes called “reasonable attendance policies.” If these policies do not exclude absences for legally protected reasons, like a disability or using paid sick...

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Is It Legal for My Employer to Round My Hours?

Under state and federal law, non-exempt workers must be paid a minimum wage for all hours worked. California has enacted one of the country’s highest minimum wages, which will eventually hit $15 an hour for the majority of the State’s employees. In California, under nearly all circumstances, you must...

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Do Temporary Employees Have Rights?

We often hear from temporary workers who believe they have fewer rights because they are hired indirectly through an agency. Fortunately, this is wrong. Temporary workers are generally entitled to the same legal protections as other workers, including the right to fair wages and overtime pay, and protection from...

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What Are Your Sick Leave Rights in California?

Everyone gets sick. Unfortunately, rather than showing sympathy for this normal part of the human condition, some employers demand constant and superhuman availability and fire employees for even a few unscheduled absences. Other times, employees are concerned that missing work will jeopardize their chances at promotions and other employment...

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Pregnancy Discrimination in Job Interviews

For a variety of reasons, women often apply for jobs during their pregnancy. Maybe they were victims of pregnancy discrimination at a prior job. Maybe they are looking for a stable, better-paying job to support their family. Whatever the reason, women have the right to interview for jobs during...

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Pregnant at Work in California? 9 Things You Need to Know About Your Right to Accommodations

California’s Fair Employment and Housing Act (FEHA) and Pregnancy Disability Leave Law (PDLL), as well as the federal Pregnancy Discrimination Act (PDA), require your employer to give you reasonable accommodations for pregnancy-related medical conditions. Although employers have been required to accommodate pregnant workers for over a decade, many employers...

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What is the Good Faith Interactive Process?

Most California employers who employ more than 5 people—as well as most employers nationwide who employ more than 15 people—are legally required to engage in the “good faith interactive process” when an employee requests an accommodation due to a disability or pregnancy. Though the interactive process is nothing new,...

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California Passes Covid-19 Supplemental Paid Sick Leave

Even as we see hope on the horizon, employees and their families are still being ravaged by the Covid-19 pandemic. Luckily, the California Legislature has seen the impact the pandemic has had on those employees on the front lines and has passed additional emergency relief in the form of...