The whole purpose of a contract in California is to ensure that the people entering into it do what they say they are going to do. The contract will state the obligations of each party to it and they will then sign it, agreeing that they will do what it states. Contracts are used for many different purposes, but they are also just written documents and cannot physically force the parties to abide by their obligations. There are times when one party to the contact does not do what they are supposed to do. This is known as a breach of contract. When this occurs, it can be very detrimental for th ..read more

If an employee is fired, they can generally receive unemployment benefits provided the employer does not claim and prove there was misconduct by the former employee. Many workers are unaware that they can also get unemployment compensation if they quit. There are basic requirements that should be known from the start. Good cause is the key to getting unemployment benefits after a voluntary quit Workers who have voluntarily quit their job must be aware that they might have the right to apply for and receive unemployment benefits. The mitigating factor will be if there was “good cause” to leave ..read more

If you are an employer in California, you need to be aware of the various federal and state laws that govern your relationship with your employees. These laws cover a wide range of issues, such as wages, hours, discrimination, harassment, retaliation, leaves of absence and more. Violating these laws can expose you to lawsuits, labor actions and employee problems. In this post, we will give examples of workplace disputes that are covered by both federal and state law. Wage and hour disputes One of the most common types of workplace disputes involves wage and hour issues, such as minimum wage, o ..read more

Being an independent contractor has become rather common these days. However, if you work in California and your employer has classified you as an independent contractor instead of an employee, you miss out on important benefits and protections. For example, employees have the right to receive minimum wage, overtime pay, meal and rest breaks, workers’ compensation, unemployment insurance and protection from discrimination and retaliation. Independent contractors do not have these rights. This has led many to wonder if they have been wrongly categorized as independent contractors. Independent c ..read more

When two or more individuals decide to start a business, they usually pay close attention to certain organizational details such as the form of the business, distribution of shares, formal incorporation and income tax matters. One area that is too often overlooked is planning for the possibility that one owner will need to sell or divide their share of ownership. For instance, it can be hard to know what to do when one owner is going through a divorce that could affect ownership of that person’s shares. One of the most effective methods of avoiding the chaos that can result in such situations ..read more

The government classifies workers in every fathomable way: skilled or unskilled, professional or labor, public or private sector, civilian or military. State law—specifically Section 510 of the California Labor Code—determines which employees earn overtime for work exceeding 40 hours in a pay period. One of exceptions under both laws denies time and-a-half compensation to “executive” employees. Six-prong test The exemption applies only if the employee satisfies a four-part test under federal law. The employee must: Earn weekly compensation on a salary basis of at least $684. Primarily manage t ..read more

When you first accepted your job, you likely assumed that you would be paid the agreed-upon amount for the hours you put in. However, sometimes, an employer may intentionally or unintentionally fail to pay an employee the correct amount. California workers who are not paid the amount they are owed by their employers are victims of wage theft. Wage theft can occur in many different forms. Here are some common ways an employee may avoid paying their employees the appropriate amount. Failing to pay overtime Nonexempt employees should receive overtime pay at a rate of one-and-one-half times their ..read more

Noncompete agreements are among the most hotly debated topics in employment law today. The use of these agreements is already strictly limited under California law, and may soon be prohibited nationwide. In this blog post, we will take a brief look at the current state of the law. What is a noncompete agreement? Simply put, a noncompete agreement is a contract in which a worker agrees to not work for a competitor to their employer for a specified period after leaving employment. These agreements typically come in the form of a clause within an employment contract. In some cases, a worker who v ..read more

California has earned its reputation for being a state that is relatively friendly to workers. The state has many laws that require employers to pay their workers’ wages timely and fairly and to provide a safe and healthy workplace. Often, these laws go above and beyond the rights that workers have under federal law. However, that does not mean that all California companies follow these laws. Too often, employers outright violate their workers’ rights. These violations often happen quietly, as employers will rarely admit that they are breaking the law. Instead, they may rely on certain common ..read more

We all have our reasons for quitting a job. Sometimes, we just want to seek greener pastures elsewhere or we got a golden opportunity at another company. But at other times, our workplace conditions are so intolerable that we feel pressured to quit. Quitting a job may seem like the right or even only thing to do. Nevertheless, without another position lined up, after we quit, we are left without an income until we find a new job. Can we collect unemployment benefits even if we quit? Can you seek unemployment benefits if you quit? If you quit a job and apply for unemployment benefits, an interv ..read more