Although it doesn’t seem like a lot has changed in the New Year, it’s important to know that 2018 brought a number of new and reformed laws into the workplace. One significant change to California law is an updated parental leave policy for new parents: the New Parent Leave Act.
Working parents can now take 12 weeks of unpaid, job-protected family leave to spend time with their new child. This includes mothers and fathers of biological, foster, and adopted children.
Although this time off is technically unpaid, you’re allowed to use your vacation time, sick leave, or any other time-off benefits you have accrued until you run out. This gives you the opportunity to relax and worry less about your finances while you are bonding with the newest addition to your family. Once these benefits are used up, then the rest of the 12 weeks is unpaid.
Even though the law includes new protections, you still have to qualify to get this time off. Below are the qualifications:
But don’t forget: while you’re out of work, it’s important that you keep up with any benefits coverage you receive through work, such as health insurance. It’s your employer’s responsibility to provide you with coverage during this period of leave, but benefits usually come out of your paycheck. If you are taking unpaid time off, you will need to pay out of pocket for any benefits you are still receiving during your time off. Luckily, you only have to pay for what you’re usually responsible for when it comes out of your paycheck.
Once your 12 weeks are up and you return to work, your employer is required to put you in the same position you were in before you left, or one that is comparable to your previous position. It is possible that your employer needed to hire a replacement while you were gone, so you may be in a different position when you return. Just make sure it is similar to your previous position and that you are happy with your new position.
The revisions to California’s parental leave law have been a long time coming, and we’re hoping that it will help fight inequality in the workplace. It is unlawful for an employer to deny an employee this right. If you are eligible and your employer is not letting you take this time off, contact us at PARRIS for a free case consultation. We will guide you and make sure you take the right step toward getting the time off you deserve to spend with your new child.
When a car accident occurs, the immediate concern is physical recovery. Yet, often lurking in the aftermath is the daunting reality of unemployment due to injuries sustained. For many, this is a predicament that compounds the physical pain with financial stress.
If you’re reading this, you or someone you know might be grappling with this exact situation in California. We understand the strain you’re under, and we’re here to help.
Unemployment benefits serve as a financial safety net for individuals who find themselves out of work through no fault of their own. These benefits are temporary wage replacements provided by the state to support people while they search for new employment.
To be eligible for unemployment benefits, you must meet certain criteria. Generally, you must be unemployed due to circumstances beyond your control, such as layoffs, and you must be actively seeking employment. However, what if you’re unable to work due to injuries from a car accident?
In California, the Employment Development Department (EDD) administers unemployment benefits. According to EDD, to qualify for these benefits, you must be physically able to work, available for work, and ready to accept work. But the law does provide some flexibility for those who are temporarily unable to work due to a physical condition, including injuries from a car accident.
If you’ve been injured in a car accident and can’t work, it’s crucial to understand how this situation interacts with your eligibility for unemployment benefits. If your injuries prevent you from performing your regular job duties but you are willing to accept suitable work considering your physical condition, you may still be eligible for benefits. For example, if you previously worked in construction but are now limited to desk jobs due to your accident, you could potentially qualify.
However, navigating these waters can be complex. California’s laws and regulations regarding unemployment benefits are intricate, and understanding the nuances related to your specific situation can be challenging. The state looks at factors like your medical condition, your previous job, your current ability to work, and the availability of suitable work in evaluating your eligibility.
Receiving unemployment benefits after a car accident involves more than just understanding the law. You’ll need to interact with insurance companies, possibly negotiate with your former employer, and navigate the EDD’s bureaucratic processes.
Before you begin the application process, it’s essential to gather all necessary information. This includes your Social Security number, driver’s license number, details about your employment history, and medical documents pertaining to your car accident. Ensuring you have all relevant information at hand will streamline your application process.
In California, you can file your unemployment claim online, by phone, by mail, or by fax. The fastest way is usually online through the EDD’s website. Be prepared to provide details about your last employer, your earnings, and the reason for your unemployment. Remember to mention that you are unable to work due to injuries sustained in a car accident.
Registering with CalJobs, California’s online job search portal, is usually a requirement. However, if you’re temporarily unable to work due to your injuries, you may be exempt from this requirement. Make sure to clarify your situation when filing your claim.
After you’ve filed your claim, the EDD will review your application and send you a Notice of Determination. This document will state whether you are eligible for benefits and, if so, how much you will receive.
During this process, it’s vital to be aware of potential challenges you might face. One significant hurdle is meeting the EDD’s criteria for being “able and available” to work. As mentioned earlier, if you’re willing to accept suitable work considering your physical condition, you may still qualify for benefits. However, proving this can be a complex task, requiring careful documentation of your injuries, your job search efforts, and any job offers you may have received.
Another challenge is dealing with the EDD’s bureaucratic processes. Mistakes on your application, delays in receiving your Notice of Determination, or disputes over your eligibility can all complicate your claim. It’s crucial to stay organized, keep copies of all documents, and follow up regularly on your claim’s status.
Legal hurdles can also arise during this process. If your former employer disputes your claim or if you face potential discrimination due to your injuries, you may need to seek legal advice.
When you’re out of work because of an auto accident, you may consider two distinct paths for financial support: unemployment benefits and a personal injury claim. Unemployment benefits exist to aid those who are jobless through no fault of their own and are actively seeking work. A personal injury claim is a legal dispute that occurs when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.
So, how does filing a personal injury claim affect your eligibility for unemployment benefits?
Let’s start with a fundamental point: Compensation from a personal injury claim can impact your eligibility for unemployment benefits. The devil, as always, is in the details. If your personal injury compensation is classified as reimbursement for lost wages, it might be seen as income. This could, in theory, affect your unemployment claim. However, if the payment is for medical bills or pain and suffering, it is typically not considered income for unemployment benefit purposes.
Now, let’s add another layer of complexity: timing. If you receive a lump sum from your injury claim while you are also collecting unemployment benefits, you may need to report this to EDD. Depending on the specifics of your case and how the settlement is structured, this could influence your benefit amount.
In essence, the interplay between a personal injury claim and unemployment benefits is not a simple one-size-fits-all situation. Understanding these nuances requires a deep dive into the specifics of your case and a comprehensive understanding of California law.
And this is where we come in. As a personal injury law firm, we at PARRIS have the necessary expertise to guide you through this complex intersection. We can help navigate the intricacies of your case, ensuring you understand how a personal injury claim could impact your unemployment benefits, and vice versa.
The road to securing unemployment benefits after an auto accident is not always smooth. It’s more akin to a Californian freeway during rush hour—expect delays, detours, and occasional gridlocks. But with careful navigation, you can reach your destination.
The law is vast and complex, filled with nuances and fine print that can trip up even the most careful reader. When it comes to unemployment benefits, the legal landscape can be particularly challenging.
One such challenge is meeting EDD’s criteria for eligibility. To qualify, you must be “able and available” to work. However, if you’re recovering from a car accident, this requirement might seem like a significant roadblock. Fear not. You may still qualify if you’re willing to accept suitable work considering your physical condition. Proving this willingness, however, requires careful documentation and potentially legal advice.
Then some obstacles could arise from your former employer. Imagine this scenario: You’ve filed for unemployment benefits, but your former employer disputes your claim, arguing that you left voluntarily or were fired for misconduct. This dispute can throw a wrench in your unemployment benefits claim.
Another potential hurdle is if your employer inaccurately reported your earnings to the EDD, leading to a lower calculated benefit amount. Or what if your employer classifies you as an independent contractor instead of an employee, potentially disqualifying you from benefits entirely?
These challenges can feel like running into a brick wall, but remember, there are ways around them. In each case, it’s crucial to have solid evidence on your side—documentation of your employment, earnings, and the circumstances of your job loss.
We understand that the interplay between unemployment benefits and personal injury claims can be as complex as the Los Angeles freeway system. That’s why we’re here to guide you through every twist and turn, ensuring you don’t miss an exit or take a wrong turn.
So, if you find yourself unemployed due to a car accident, don’t navigate this road alone. There’s no need for you to become an overnight guru in personal injury law or the nuances of the EDD. That’s our job. Your job is to focus on your recovery.
Contact PARRIS Law Firm today. Let us handle the legal complexities so you can concentrate on what matters most—your health and well-being.
As the New Year begins, workers in Santa Clarita will wake up to a small but significant change: an increase in the minimum wage to $16 per hour. This adjustment, as reported by the Department of Industrial Relations (DIR), aligns Santa Clarita with the statewide minimum wage for California, which also increased as of January 1, 2024, to $16 per hour.
While some cities within the Golden State offer higher wages, Santa Clarita sticks to the state’s rate. For workers in Santa Clarita, your new minimum wage will be $16 per hour in 2024. However, it falls slightly short when compared to LA County’s minimum wage of $16.90.
Despite being geographically nestled within Los Angeles County, Santa Clarita has aligned with the state’s minimum wage. In contrast, unincorporated areas of LA County have set their minimum wage at $16.90 per hour as of July 1, 2023.
The difference, albeit minor, is due to a critical distinction in governing laws. LA County has a county ordinance that allows it to set its own minimum wage for unincorporated areas, giving it the liberty to incrementally increase the wage each year. Santa Clarita, being an incorporated city, has opted to follow the state’s wage guidelines. This means despite its location within LA County, Santa Clarita isn’t subject to the county’s wage ordinance.
What does this mean for workers? If you’re employed in Santa Clarita proper, the city’s adherence to the state minimum wage applies to you. However, if your workplace falls within the unincorporated areas of LA County, you’re entitled to the slightly higher county minimum wage. Understanding these distinctions is vital in ensuring you’re receiving the correct compensation for your hard work.
An exempt employee is one who is exempt from the state’s minimum wage and overtime laws. They’re typically salaried workers in executive, administrative, or professional roles. Nonexempt (or hourly) employees are paid at least the state minimum wage and are entitled to overtime pay for hours worked beyond a 40-hour workweek, and in California, hours worked beyond eight in a single workday.
California law requires an exempt employee must earn a minimum salary equivalent to twice the state minimum wage for full-time employment. Given the new minimum wage of $16 per hour, this means that an exempt employee must earn at least $66,560 annually (that’s $16 x 2 x 40 hours per week x 52 weeks). If you earn less than this, your employer is supposed to classify you as nonexempt.
What does this mean for workers? If you’re an exempt employee earning less than $66,560 annually, your employer is in violation of California law. You should be classified as nonexempt and entitled to the protections that status offers, including overtime pay.
In California, nonexempt employees are entitled to 1.5 times their regular rate of pay for all hours worked beyond eight in a day or 40 in a week, and for the first 8 hours worked on the seventh consecutive day of work in a workweek. Double time is owed for all hours worked beyond 12 in a day and beyond eight on the seventh consecutive day of work in a workweek. So, if you’re working more than these hours and not receiving overtime pay, your rights are being infringed upon.
The Santa Clarita Minimum wage of $16 sounds like a step forward. But what does it really mean for your annual earnings and standard of living?
Here’s the math: If you’re working full time, meaning 40 hours a week for 52 weeks a year (no vacations, remember), you’ll earn $33,280 annually before taxes. On paper, that might seem like a fair sum. But let’s apply some context.
California has one of the highest costs of living in the United States. The state’s housing costs are sky high, with the median home price over $800,000. Rent isn’t much better, with the average apartment going for over $2000 a month. Then there’s food, transportation, healthcare, and other essentials, which all tend to be more expensive than the national average.
So, where does a $33,280 annual income place you? Sadly, below the poverty line. According to the California Poverty Measure, a more comprehensive tool than the federal poverty line, a family of four in LA County needs an income of just under $40,000 just to cover basic expenses. And that’s assuming no major unexpected costs come up, like a car repair or medical bill.
The reality is stark: A $16 hourly wage can leave you scrambling to make ends meet. You might find yourself choosing between paying the rent and buying groceries, or skipping a doctor’s appointment to save on co-pays. It’s a precarious balancing act, and one missed step can lead to financial disaster.
This isn’t about painting a grim picture. It’s about facing the facts and fighting for fair compensation. If you’re working full time, you deserve a wage that not only keeps you above the poverty line but allows for a decent standard of living. Anything less isn’t progress—it’s perpetuating a problem.
California law provides robust protections for workers, and if your employer isn’t paying you appropriately, you have options. For starters, you can file a wage claim with the California Labor Commissioner’s Office. This office serves as an advocate for workers and has the power to investigate employers and enforce labor laws. If your claim is validated, they can recover your unpaid wages plus penalties from your employer.
Alternatively, you can take legal action. California law allows workers to sue their employers for unpaid wages, and if you win, you could potentially recover not only your unpaid wages but also interest and attorney’s fees. It’s not a step to be taken lightly, but it’s there if you need it.
It’s important to remember that retaliation is also illegal. Your employer cannot fire, demote, or otherwise punish you for asserting your rights. This includes reducing your hours, changing your shift, or moving you to a less desirable location. If they do those things, that’s another violation you can add to your claim or lawsuit.
Knowing your rights is the first step to asserting them. The second step is not being afraid to seek help. Whether it’s consulting with a lawyer, reaching out to a union representative, or simply talking to a trusted mentor, don’t hesitate to lean on others for support.
If your employer isn’t paying you the minimum wage or overtime you’re entitled to, you have the right—and the means—to demand fairness. Stand up for your rights. Seek help if you need it.
The Santa Clarita minimum wage increase to $16 an hour in 2024 is a step in the right direction but it’s not quite enough for a comfortable life in California. If you’re an exempt employee earning less than $66,560 annually, you should be classified as nonexempt and entitled to overtime pay. Working more than eight hours a day or 40 hours a week without receiving overtime pay is not just unfair, it’s illegal.
If you find your paycheck falling short of these standards, it’s time to take action. You have rights. You deserve fair pay for your hard work. And if your employer isn’t playing by the rules, they need to be held accountable.
That’s where PARRIS Law Firm steps in. Our team of seasoned employment law attorneys is ready to help you fight for what you’re owed. We can guide you through the process of filing a wage claim or even taking your employer to court if necessary.
So, if you’re tired of struggling to make ends meet on a wage that’s less than you deserve, reach out. Contact PARRIS Law Firm for a free consultation today. Your rights are worth fighting for, and we’re ready to help you win the battle.
As a California employer, navigating the labyrinth of labor laws can be complex, especially with the state’s minimum wage. In 2024, California will experience another increase in its minimum wage up to $16.00 per hour, a change that could significantly impact your business operations. Understanding these changes is not just important—it’s critical. A thorough comprehension of the evolving wage landscape will allow you to make informed decisions, ensure compliance with the law, and maintain a sustainable business model.
As of 2023, California’s minimum wage currently stands at $15.50 per hour for all employers, with some cities and counties adopting a higher minimum wage. This rate is not static and is subject to changes as dictated by the state’s labor laws.
Come January 1, 2024, employers across the Golden State will need to adjust their payrolls once again as the state’s minimum wage will increase to $16.00 per hour. This adjustment marks a significant milestone in the state’s ongoing efforts to provide fair wages to its workforce.
The decision to raise the minimum wage is rooted in legislation passed by the California legislature. The intent behind these increases is to ensure that workers earn a living wage that keeps pace with the cost of living in one of the nation’s most expensive states. It’s part of a broader commitment to economic justice and reducing income inequality.
Looking ahead, it’s unclear whether and when the state will increase the minimum wage again. In November 2024, voters will consider a proposition that would raise the state’s minimum wage to $18.00 per hour in 2025 for larger employers and in 2026 for small employers. Given the state’s history and commitment to ensuring fair wages, it would not be surprising if additional increases are on the horizon.
For tipped workers, California does not permit the use of tip credits. Tip credits are a practice in some states that allows employers to count a portion of their employees’ tips towards the minimum wage requirement. In effect, the employer keeps that portion of the tip. But in California, employees must be paid at least the full state minimum wage before tips. The impact of this policy is significant—it ensures that tipped employees in California, such as restaurant servers or bartenders, are guaranteed the same minimum wage as non-tipped employees, providing a more stable income base despite the often unpredictable nature of tips.
While California sets the baseline for minimum wage, it’s noteworthy that several cities and municipalities have taken it upon themselves to set higher rates. These localities have recognized the unique economic conditions within their borders and adjusted their minimum wages accordingly.
Here is a complete list of all cities and municipalities in California that have a minimum wage higher than the state. Please note that some of these wages will not change in 2024, or if they are changing, no announcement has been made by the time of publication of this article.
Location2023 Minimum Wage2024 Minimum WageAlameda$16.52No announcementBelmont$16.75$17.35Berkeley$18.07No announcementBurlingame$16.47$17.03Cupertino$17.20No announcementDaly City$16.07No announcementEast Palo Alto$16.50$17.10El Cerrito$17.35$17.92Emeryville$18.67No announcementFoster City$16.50No announcementFremont$16.80No announcementHalf Moon Bay$16.45No announcementHayward$16.34$16.90Los Altos$17.20No announcementLos Angeles (City)$16.78No announcementLos Angeles County (unincorporated)$16.90No announcementMalibu$16.90No announcementMenlo Park$16.20$16.70Milpitas$17.20No announcementMountain View$18.15$18.75Novato$16.07$16.86Oakland$15.97$16.00Palo Alto$17.25$17.80Pasadena$16.93No announcementPetaluma$17.06$17.45Redwood City$17.00$17.70Richmond$16.17No announcementSan Carlos$16.32$16.87San Diego$16.30$16.85San Francisco$18.07No announcementSan Jose$17.00$17.55San Mateo$16.75$17.35San Mateo County (unincorporated)$16.50$17.06Santa Clara$17.20$17.75Santa Monica$16.90No announcementSanta Rosa$17.06$17.45Sonoma$17.00No announcementSouth San Francisco$16.70No announcementSunnyvale$17.95$18.55West Hollywood$19.08No announcement
This patchwork of wage rates can be confusing for employers, particularly those operating in multiple localities. As a rule of thumb, employers must always pay the highest applicable minimum wage, whether it’s the federal, state, or local rate. Therefore, if a city or county has a higher minimum wage than the state, employers operating in that locality must abide by the local rate.
The rationale behind these differing rates across the state is largely tied to cost-of-living variances. Cities like San Francisco and Los Angeles are known for their high living costs, hence the justification for higher minimum wages. The goal is to ensure that workers in these areas can afford basic necessities such as housing, food, and healthcare.
However, these higher wages can also put pressure on local businesses, especially small ones, as they strive to balance fair pay with sustainable operations. It’s a delicate balancing act that continues to shape discussions around minimum wage laws in California.
Exempt employees are those who are exempt from certain provisions of the Fair Labor Standards Act (FLSA) and California Labor Code, particularly those related to overtime pay and meal and rest breaks. To qualify as exempt, an employee must generally meet specific criteria regarding their job duties and be paid above a specific salary threshold.
As of 2023, in California, the salary threshold for exempt employees is $64,480. This means that to qualify as an exempt employee, an individual must earn at least this amount annually and meet the applicable duties test.
However, come January 1, 2024, this threshold will increase to $66,560. This increase in the salary threshold for exempt employees has significant implications for employers. It means that some employees who were previously classified as exempt may no longer meet the salary criterion for exemption in 2024. If that’s the case, employers may need to reclassify these employees as non-exempt, which would make them eligible for overtime pay, meal periods, rest breaks, and other protections under the Labor Code. Alternatively, employers could choose to raise the salaries of these employees to meet the new threshold, maintaining their exempt status.
The increase in California’s minimum wage has notable implications for all employers, including those employing remote workers within the state. For businesses, higher wages can mean increased labor costs, which could impact profitability. Employers may need to reassess their budgets, potentially adjusting pricing strategies or reallocating resources to accommodate these changes.
Specifically for employers with remote workers in California, it’s crucial to understand that these employees are still protected by California’s labor laws, including its minimum wage laws. This means that even if your business is not physically located in California, but you have remote hourly employees working in the state, they must be paid at least the applicable California minimum wage.
When determining which minimum wage laws to follow, the rule is to apply the highest rate that applies to the employee. So, if a municipality in California where your remote worker resides has a higher minimum wage than the state, you would need to pay at least that local rate.
California’s labor laws are often more protective than federal laws, so non-California-based employers with remote workers in the state must adhere to these standards. This includes not only minimum wage laws but also overtime, meal and rest breaks, and leave entitlements, among others.
Preparing for the minimum wage increase requires strategic planning and proactive measures. Here are some strategies employers can adopt to effectively manage these changes:
Failing to implement these changes correctly can result in significant penalties. Taking proactive steps now can help mitigate potential impacts on your business operations.
Understanding California’s minimum wage laws, including the rising salary thresholds for exempt employees and the impact on remote workers, is crucial for all employers. As these changes loom, proactive management and strategic planning are your best defense. Stay informed, reassess your policies, and consider seeking legal guidance to navigate these waters smoothly.
As we usher in 2024, it’s crucial to stay informed about the new California employment laws that could significantly impact our daily lives and work environments. From an increase in the minimum wage to important changes regarding remote work, pay equity, and even state holidays—the landscape of California law is evolving. As California continues to lead in progressive legislation, keeping abreast of these changes is more than just a legal necessity; it’s a tool for empowerment and fairness in our rapidly changing world.
In 2024, California sees a significant expansion in its paid sick leave law. Previously, employers were required to provide at least three days or 24 hours of paid sick leave per year. However, under the new law, this minimum rises to five days or 40 hours per year. Notably, this applies to all employees who work in California for the same employer for at least 30 days within a year.
The law aims to foster healthier workplaces by encouraging sick employees to stay home without fear of lost wages. This change underscores California’s commitment to worker rights and sets a progressive precedent for other states to follow. Employers should update their policies accordingly to ensure compliance with this expanded obligation.
The California Worker Adjustment and Retraining Notification (CalWARN) Act currently mandates that businesses with 75 or more employees provide at least 60 days advance notice before mass layoffs, relocations, or terminations. However, in 2024, the notice requirement increases to 75 days. The law also revises a covered business to mean a single location with 75 or more workers. Importantly, employers are prohibited from using severance agreements to waive an employee’s right under this law.
With many employers looking to have employees return to offices, California is providing some protections for workers. Beginning in 2024, an employer must provide a worker with at least 30 calendar days’ notice that they are requiring a remote or work-from-home worker to come work in the office. The notice must be provided to the employee in writing, and it must provide information about the employee’s right to remote work as a reasonable accommodation for a disability.
Wage theft, the denial of wages or benefits rightfully owed to an employee, is a pervasive issue in the American workforce. To combat this, a new California law significantly increases penalties for employers found guilty of wage theft, including higher fines and potential jail time. It also expands the authority to receive, investigate, and hear employee complaints to public prosecutors, beyond recovery available under Private Attorneys General Act (PAGA) lawsuits.
Pay equity remains a significant issue in California, as it does nationwide. A new law aims to address this by enhancing transparency around pay data. The existing laws require employers to report pay data categorized by sex, race, and ethnicity. The new law expands on these requirements, mandating more comprehensive reporting of wage information, including job categories, wage ranges, and the number of employees within these ranges. This increased transparency is intended to illuminate any pay disparities, pressuring employers to take corrective action.
In 2024, California sees a significant increase in the minimum wage to $16.00 per hour. This rise is a result of a law passed in 2016 that ties the state’s minimum wage to inflation, ensuring that the lowest-paid workers are not left behind as the cost of living increases. This progressive adjustment not only provides an immediate pay raise for those on minimum wage but also sets a new standard for employers across the state. As a result, this wage increase helps to reduce income inequality and promotes economic fairness. It’s a significant step towards ensuring that all Californians can afford a decent standard of living.
A new law expands protections for job applicants and employees who use marijuana. This law makes it unlawful for an employer to request or demand information about an applicant’s prior use of marijuana. Even if an employer receives information about an applicant’s prior use through a criminal history check, the employer may not use that information in their hiring decision.
Senate Bill 525 proposes a significant wage increase for all healthcare professionals employed at eligible healthcare institutions in California. Starting from June 1, 2024, the legislation mandates a rise in the minimum wage for healthcare workers to $21 per hour, which will further increase to $25 per hour from June 1, 2025. For those who receive a salary, their pay should not fall below 150 percent of this new healthcare worker minimum wage or 200% of the applicable minimum wage, whichever is greater. The law applies to all tasks performed within any qualifying healthcare facility, as well as any paid healthcare services carried out on behalf of any entity that owns, manages, or operates such a facility, regardless of where the work is done.
The eligibility criteria for receiving Paid Family Leave benefits is set to expand, including employees taking leave to care for a “designated person.” The Legislature had previously broadened California’s leave laws last year to include leave for a “designated person.” This year, it seeks to extend this trend to the state’s Paid Family Leave insurance program. Specifically, AB 518 redefines a “family member,” enabling employees to qualify for wage replacement benefits when they take leave to care for a seriously ill “designated person.” This term refers to any individual related by blood or someone who shares a relationship equivalent to a family bond with the employee. Employees will specify their designated person when submitting a benefits claim.
A new proposal aims to expand reemployment rights for employees in the hospitality and business service provider sectors who lost their jobs due to the pandemic. This includes those working in hotels, private clubs, event centers, airports, and building service providers. The current law mandates employers to offer job opportunities to eligible former employees as they arise, provided these employees were: (1) employed for at least six months before January 1, 2020, and (2) lost their jobs due to pandemic-related reasons.
SB 723 seeks to widen the scope of covered employees by modifying the first criterion to include any employee who has been employed for a minimum of six months at any time and was laid off on or after March 4, 2020. While the second criterion remains unchanged, SB 723 notably introduces a presumption that terminations due to a lack of business, workforce reduction, or other economic, nondisciplinary reasons are associated with the COVID-19 pandemic. The onus is on the employer to establish otherwise by a preponderance of the evidence. Finally, SB 723 proposes to extend the expiry date of the current law by one year to December 31, 2025.
If enacted, a new law would grant employees a five-day leave for issues related to reproduction or adoption losses. It would be illegal for employers to deny an employee’s request for up to five days of leave following an event of reproductive loss, which could include miscarriage, unsuccessful assisted reproduction such as IVF, or a failed adoption. The employee would need to utilize this leave within three months of the event, and the total duration of leave should not surpass 20 days in a single year. While the reproductive loss leave may be unpaid, employees have the option to use their other leave balances like accrued and available paid sick leave.
Beginning January 1, 2024, a new law confirms it is illegal for employers to require employees to sign post-employment noncompete agreements or clauses.
The newly signed law explicitly forbids employers from incorporating post-employment noncompete clauses in employment contracts or obliging employees to agree to post-employment noncompete arrangements. By February 14, 2024, employers are required to give individualized written notices to all current and certain former employees that any post-employment noncompete clause in their employment agreement and/or any post-employment noncompete agreement with the employer is now void.
On September 30, 2023, California introduced the first-ever general industry workplace violence prevention safety standards in the U.S. These regulations apply to almost all employers in the state with minimal exceptions. As per the new Labor Code Section 6401.9, employers must devise and implement a workplace violence prevention plan by July 1, 2024.
The plan should include:
Employers are also required to maintain specific records for a minimum of five years and present them to Cal/OSHA upon request. These records include hazard identification, evaluation and correction records, training records, a log of every violent incident, and records of incident investigations.
Did you know that if you show up to your regularly scheduled shift at work and get sent home early, you might be entitled to additional compensation?
Reporting time pay, sometimes called “show-up pay” or the minimum shift rule, requires California employers to pay employees who report to work but are sent home before completing their shift. Because many employees don’t work consistent schedules, this rule attempts to protect employees from their employer’s last-minute schedule changes, which can drastically affect a worker’s income.
Unfortunately, many employees and employers alike remain unaware of the reporting time pay law—and countless employees throughout California remain wrongfully underpaid.
If you think you may be have been denied your rightful wages, an attorney can best assess your case. First, let’s discuss California law surrounding reporting time pay to make sure you’re receiving the wages you’re owed.
California’s reporting time pay law requires employees get paid if they show up to work, even if they don’t work a full shift. The statute codifying California reporting time pay regulations can be found in California’s pay law IWC Order 1-16, Section 5.
While this law is sometimes referred to as a “four-hour minimum shift law,” this title is a bit misleading, as the law doesn’t require a minimum of four hours of pay.
When a California employee reports to work but is given less than half of their scheduled day’s work, the law requires their employer to compensate the worker for half of their regularly scheduled shift, at their regular rate of pay. This compensation shall be no less than two hours of pay, and no more than four.
If a worker reports to work for the second time in a workday and is sent home after less than two hours, the worker is entitled to two hours of reporting time pay at their regular rate.
To better illustrate this, let’s look at an example. Say you’re scheduled to work a six-hour shift at a department store. If you arrive at the store, clock in, and work an hour before your employer sends you home due to lack of work, you’re still entitled to three hours of pay—one for the hour you worked, and two additional hours of reporting time pay.
If you show up to this same shift and your employer sends you home before you clock in, you’re still entitled to three hours of pay—half of your scheduled six-hour shift.
Courts have recognized several scenarios as sufficient “reporting for work,” for purposes of calculating reporting time pay:
California law distinguishes between a person’s “regular rate” and “base rate” of pay.
Your base rate is your regular hourly wage, not including any tips, bonuses, or other payments.
On the other hand, your regular rate includes your base rate of pay plus any shift differentials, bonuses, commissions, nondiscretionary pay, and more. This amount is usually calculated by adding up your total compensation with any additional payments, and dividing by the total amount of hours worked.
In cases where you receive reporting time pay, your employer is required to compensate you at your regular rate, not your base rate. Visit our blog article to learn more about your regular rate of pay.
As with most laws, there are exceptions. Not every day of unexpected missed work requires your employer to pay you reporting time pay:
An interesting exception to California’s reporting time pay requirement is for work meetings. For meetings scheduled in advance that require your presence, you’re not necessarily entitled to reporting time pay if the session ends early, but you might be able to recover part of it.
According to a California Appellate Court decision, where meetings have been scheduled in advance, you are entitled to reporting time pay only if the meeting lasts for less than half the scheduled time.
So if you have to show up for a meeting on a day you’re not otherwise scheduled to work, and the meeting is scheduled for two hours but lasts only 45 minutes, you’re entitled to reporting time pay for two hours. If the two-hour meeting lasts 90 minutes, you’re only entitled to pay for 90 minutes.
While this exception is less common, it’s an incredibly complex one. If you’re unsure whether you’re entitled to reporting time pay, speak with a California employment attorney.
What if you report to work and are sent home due to Covid-19? If you show up to work without knowing you’re positive and your employer sends you home because you have symptoms, couldn’t they argue that the situation is beyond their control and forgo paying you for reporting time?
The California Department of Industrial Relations has released an influential FAQ on this subject. While it doesn’t specifically address the situation where an employee is sent home because they have Covid symptoms, the FAQ suggests that any employee who “reports for their regularly scheduled shift but is required to work fewer hours or is sent home” would be entitled to reporting time pay.
The distinction here might rest with who decides to end the shift early. If you leave voluntarily, then you may not be entitled to reporting time pay. But if your employer sends you home before the end of your shift for showing symptoms, they would probably be required to pay you reporting time.
Knowing your rights is vital to ensuring you get paid when you’re supposed to. If you read this article and find that your employer may have failed to pay your reporting time, you may be a victim of wage theft. If this is the case, it may be time to speak with an attorney.
Claims to recover lost wages can be very complex, and your employer may respond negatively when you exercise your right to fair wages against them. A seasoned employment attorney can not only protect you from illegal retaliation, but can also file a wage and hour claim to recover the back pay you’re owed.
PARRIS employment attorneys have protected thousands of California employees from wage theft and employee rights violations. We offer free employment legal consultations to individuals looking to protect their rights from their employers. Whether you work for a small business or a massive corporation, we’re here to fight for your rights.
From the rise of the Internet in the early 2000s emerged a bustling gig economy that put 57 million Americans to work in 2020. In this “new normal,” many people have opted for flexible, low-skill gig work from companies like Uber, DoorDash, and Instacart instead of pursuing traditional 9-5 jobs.
As more and more people flock to these companies for work, the debate over worker classification in California has reignited. The big question: what distinguishes an independent contractor from an employee? Corporations and lobbying organizations have spent millions of dollars fighting one another over an issue that, to the outsider, seems unimportant.
So what’s the big deal? What is the difference between an independent contractor and an employee?
And why does this distinction even matter?
The definition of an employee in California is fairly straightforward. An employee works at a firm on a permanent basis, and they are usually paid a salary or an hourly wage to complete tasks for the employer. An employer must train their own employees and provide the proper equipment for employees to perform the work; in exchange, the employer has a great deal of control over how the work is completed. Ultimately (and perhaps most importantly), an employee performs work that is a regular part of the company’s business.
On the other hand, independent contractors are in business for themselves. According to the IRS, an individual is generally considered an independent contractor if “the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” Independent contractors will usually perform specialized work for multiple clients, set their own hours, provide their own tools, and be their own boss. If they work for a company, they usually perform work outside the company’s core business.
Millions of California workers have been classified as independent contractors long before the dawn of app-based gig work. Anyone who considers themselves self-employed—accountants, tech consultants, hairstylists, mechanics, even wedding planners—may fall into this category.
However, there are obvious gray areas with classifying workers as independent contractors. For example, how would you classify a hairstylist who brings her own tools and rents her own salon space, but is subject to the rules and regulations of her salon? Or what about an app-based driver who drives his own car and pays for his own gas, but operates within his company’s core business?
These are complex, hot-button issues that only a legal professional can answer.
In short, it matters because millions of dollars are on the line.
Employees are entitled to several protections and benefits under state law that don’t extend to independent contractors. More specifically, employees are entitled to:
Independent contractors receive no such benefits.
Following this logic, if an individual is misclassified as an independent contractor when they are actually an employee, they could be missing out on thousands of dollars in lost wages, benefits, and more.
For example, if he was classified as an employee, an app-based driver who works 50 hours a week would be entitled to meal breaks, rest breaks, and 10 hours of overtime each week. However, if the app company classifies him as an independent contractor, he misses out on those essential benefits. In addition, his earnings are not protected by minimum wage laws, and he may have trouble getting unemployment insurance if he is suddenly unable to work.
Of course, app-based gig work companies pocket millions of dollars by classifying their workers as independent contractors instead of employees. In the interest of the millions of Californians who work for these companies, California lawmakers have spent the last few years reexamining the law to determine whether the rights of these workers are sufficiently protected.
[@portabletext/react] Unknown block type "image", specify a component for it in the `components.types` prop
To answer this question, we must first consult the courts. At the beginning of May 2018, the California Supreme Court made the difference between the employees and independent contractors clearer in the landmark case Dynamex Operations West Inc. v. Superior Court.
In her ruling, Chief Justice Tani Cantil-Sakauye said a business must show three things to classify their workers as independent contractors:
The judge specifies that this distinction is for California wage order purposes, meaning that this stringent test applies to claims related to minimum wage, meal and rest breaks, and overtime wage violations.
Before this ruling, the focus on classifying workers was on how businesses controlled the work performed by their workers. However, this ruling offered a different take on the issue. By reinterpreting the “suffer or permit to work” definition of “employ” in California’s wage orders, the judge created the above “ABC test,” which assumes the worker is an employee unless they meet all three requirements.
In September 2019, California expanded upon the provisions listed in Dynamex by passing Assembly Bill 5 (AB 5). AB 5 codifies the Dynamex ABC test into California law. The bill also expands its reach to address misclassification claims unrelated to wage orders, including claims related to unemployment insurance, Labor Code violations, workers’ compensation insurance, and more.
Notably, AB 5 exempts various industries from the stringent ABC test, including doctors, surgeons, dentists, veterinarians, psychologists, lawyers, accountants, architects, private investigators, and more.
Who’s not exempt? App-based driving and delivery companies, including Uber, Lyft, DoorDash, and Instacart. Under AB 5, drivers for these companies are considered employees.
That is, until November 2020.
Last year, gig economy companies forked out over $200 million to convince California voters to pass Proposition 22, an initiative that undid parts of AB 5. Under Prop 22, app-based delivery and rideshare drivers remain independent contractors, provided that gig economy companies grant them new rights (namely, a wage floor, a healthcare subsidy, and a limited version of workers’ compensation). Our article on Prop 22 goes into more detail about the law’s specifics.
However, in August 2021, a California judge ruled Prop 22 both unconstitutional and unenforceable. As expected, rideshare companies have vowed to appeal.
The result of an appeal of the August ruling, will shed more light on the area for app-based drivers. For all other independent contracts, the ABC test applies. If you are an employee misclassified as an independent contractor, you may be missing out on thousands of dollars in lost wages, either from unpaid minimum wages or overtime pay. In addition, you may be entitled to benefits, such as workers’ compensation and Social Security, that you aren’t receiving.
If you feel like you’ve been incorrectly classified as an independent contractor, call PARRIS employment lawyers right away. This applies to all gig workers—from rideshare drivers to landscapers to web designers—who believe that their employer has misclassified them for any reason.
You deserve to be paid for every minute that you work. Don’t let your employer deprive you of the wages you rightfully earned. Contact PARRIS today for a free case consultation.
If you need immediate assistance, please call our office at (661) 441-3989 and ask to speak with someone in our Intake Department available 24/7.
43364 10th St. West
Lancaster, CA 93534
