One of the common employer defenses we come across when representing employees in wage claims is the “independent contractor defense”. The argument goes, since the worker was only an independent contractor and was never an employee, the worker falls completely
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Minimum Wage Goes Up for California Healthcare Workers (Senate Bill 525)
Senate Bill 525 is a legislative measure that enhances the protections for healthcare workers, especially those who are on-call or on standby. This bill is designed to ensure that healthcare professionals are fairly compensated for the periods when they are…
Major Changes to California Medical Leave Law
In 2023, significant updates were made to California’s Family and Medical Leave Act (CFRA) through legislative amendments (Assembly Bill 1041). The key updates include: These changes piggyback on a major change in 2021. Before 2021, CFRA applied only to employers…
When Is Fat-Shaming Illegal in the Workplace?
We often get asked if “fat-shaming” or discrimination based on body size is illegal in the workplace. The answer is unfortunately not simple. What Does the Law Say? California’s legal framework, specifically the Fair Employment and Housing Act (FEHA), provides…
What Does the “End of the Fifth Hour” Really Mean? (Or Why Our Break Calculator Isn’t Wrong)
So when it comes to late lunch violations under California labor law, the general public (and from time to time, even some lawyers) like to argue with us about what the end of the fifth hour really means. Our break…
Your Paycheck Is Late Again — Collect Your California Labor Law Penalties.
California labor law provides that an employer can not be late giving paychecks to their employees. The law recognizes how important it is for employees to receive their paychecks on time. Late paychecks could mean being late on rent, on…
Are You An Employee or an Independent Contractor? A California Labor Lawyer’s Perspective (2024)
Whether you are an employee or an independent contractor depends on more than what your employment contract or offer letter says, whether you get a Form 1099 or W2 at tax time, or even what your boss tells you. The…
Thai v. Int’l Bus. Machines Corp: Court of Appeal Rules Employers Must Reimburse Employees for Work from Home Expenses
In a notable decision from July 11, 2023, the California Court of Appeal held that employees are entitled to reimbursement by their employers for work-from-home expenses such as internet service, phone service and computer equipment incurred due to the COVID-19…
AB1949: California Bereavement Leave
As of 1/1/23, bereavement leave became mandatory in California for certain employers. According to Assembly Bill 1949 (AB1949), which was signed into law by Governor Newsom on 9/29/22, private and public employers in California with 5 or more employees are…
SB 497: The New 90-Day Presumption For Employees in Retaliation Claims
Introduction California’s Senate Bill 497, known as the Equal Pay and Anti-Retaliation Protection Act, represents a major shift in the legal framework for employees in retaliation claims. Signed into law by Governor Gavin Newsom on 10/8/23, it goes into effect…