Articles Posted in Employment Law

The Ninth U.S. Circuit Court of Appeals in Chamber of Commerce v. Bonta, 20-15291 held yesterday in a 2-1 decision that California businesses may require an agreement to arbitrate employment disputes as a condition of being hired or continued as an employee. The Court affirmed a preliminary injunction barring enforcement of AB 51. This bill…

On June 28, 2022, the Court of Appeal in the matter of Seviour-Iloff v. LaPaille held that a Chief Executive Officer was personally liable for the wage and hour violations of the corporate employer. The Plaintiffs in this case originally filed a claim for unpaid wages and Labor Code penalties with the Division of Labor…

Beginning July 1, 2022 employers in jurisdictions of either Los Angeles City or the unincorporated cities of Los Angeles County will need to increase their pay to minimum wage employees at or near the current $15 per hour wage. Under the the Los Angeles Minimum Wage Ordinance, the minimum wage will increase from $15 an…

What Are My Rights Under California Law if I Earn Commission Wages? Commission wages are compensation in the form of a percentage of the price of the product or service which is sold by an Employee. Alternatively, commission wages may be based proportionally on the number of products or services sold. California law (Labor Code…

Wage Deductions May Be Made When Permitted by Federal or State Law California law allows the employer to withhold or divert any portion of wages where the deduction is required or the employer is empowered to do so by federal or state law. This category includes withholdings for federal and state taxes. Also, employers may…

Tips Belong to the Employees Who Received Them A California Employer shall collect, take, or receive any gratuity or a part thereof, that is paid, given to or left for an Employee by a customer. The law prohibits Employers and every person other than the employer who has the authority to hire or fire any…

Every California employer must provide an accurate itemized account in writing to their nonexempt employees semimonthly or at the time of each payment of wages, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash. This writing is also…

A California Employer may not fire or in any manner discriminate or retaliate against an Employee who is a victim of domestic violence, sexual assault, stalking, crimes that caused physical injury or mental injury, crimes involving threat of physical injury, or crimes involving persons whose immediate family member is deceased as a direct result of…

If You Are Fired: The general rules for the payment of wages upon termination are found at Labor Code § 201, et seq. Section 201 provides that in the event an employee is discharged, the wages earned and unpaid at the time of the discharge are due and payable immediately. If You Quit: If an…

In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of…