The COVID-19 global pandemic has left millions of employees wondering about their paid leave rights. The Families First Coronavirus Response Act (FFCRA), passed on March 18, 2020, requires certain employers to provide employees with emergency paid sick leave or expanded medical or family leave in the wake of the COVID-19 health crisis. The provisions remain… Read More
In response to the COVID-19 global pandemic, Governor Gavin Newsom issued shelter-in-place orders requiring various businesses to shutter their doors. Despite these orders, some employers continue to require employees to show up to work. If the employees refuse, some have been terminated. Governor Newsom’s shelter-in-place orders supersede any demand from an employer to show up… Read More
Due to the coronavirus global pandemic, the entire state of California has been under emergency shelter-in-place orders. All non-essential businesses are temporarily shuttered with all employees ordered to work from home, if possible. These orders, caused by an unprecedented global pandemic, leave many wondering about their rights regarding wage and hour laws with their employer. Wage and hour laws… Read More
California’s constructive discharge (also known as constructive termination or constructive dismissal) occurs when a California employer, for unlawful reasons, knowingly creates harsh, intolerable working conditions for an employee. Unfortunately, too many California employees find themselves in the difficult position of wanting to resign their jobs because conditions at work have become unbearable. Constructive Discharge in… Read More
If an employee signs an agreement waiving the right to file suit against an employer, the employee may think he or she is barred from filing a PAGA lawsuit. However, that’s not the case. Public policy makes agreements not to sue unenforceable when it comes to suits under California’s Labor Code Private Attorneys General Act… Read More
On February 1, 2020, an employee of Spotify brought a class action lawsuit against the music company for reclassifying his employment status without notifying him. The plaintiff, Matthew Elias, was employed with Spotify for two years. He alleges that Spotify classified him as a non-exempt employee from July 2016 to July 2018, but then reclassified… Read More
Filing an employment claim can result in lengthy legal battle. But, for employees bringing claims under the California Private Attorneys General Act (PAGA), their legal resolution may come faster and more efficiently. The Mechanics of a PAGA Settlement A court must approve any settlement of a claim or claims brought under California’s Labor Code Private… Read More
PAGA, or the Private Attorneys General Act allows an employee to file a claim against their employer if the employer violated employment law What is PAGA? That’s a common question that employees and employers have. We’ll discuss PAGA in-depth here. Who Does PAGA Cover? Under PAGA, an “aggrieved” employee—who is defined as any current or… Read More
If you are considering bringing this type of legal action, you may be wondering: What is the average lawsuit settlement for wrongful termination? An employee who was unlawfully fired or laid off may be entitled to financial compensation and/or equitable relief through a wrongful termination lawsuit. This is a complicated question; there is no true… Read More
What is a California Exempt Employee? Exempt employees are those that are exempt from California and federal laws governing minimum wage, overtime, and lunch/break time. Under California law, three requirements determine whether an employee is exempt: minimum salary, white-collar duties, and independent judgment. If you suspect that you are non-exempt and are being treated unfairly,… Read More