Losing your job can be devastating, both emotionally and financially. However, there can be many reasons a person may find themselves out of work. Being laid off and getting fired are the two main ways an employee can end up unemployed. It’s essential to know the difference — and the distinct consequences of each. Being fired vs laid off can impact your eligibility for unemployment benefits, as well as your future employment prospects. What is the Difference Between Being Fired vs Laid Off? California is an at-will employment state. This means a worker can be fired at any time, for any reason ..read more

In California, most employment is “at-will.” This means it can be terminated by the employee or employer at any time, with or without cause. But it’s important to understand that this doctrine has many limitations. California courts recognize a number of contractual, statutory, and public policy exceptions to the at-will employment rule that help to protect workers and their livelihoods. What is “At-Will” Employment? Under California Labor Law, employment with no specified term is “at-will” by default. An employee is free to quit their job, or their employer can fire them for any reason — as l ..read more

Employees are provided with a broad scope of protections under California’s Labor Law — among these are the wage and hour rules. But these laws only apply to workers classified as “non-exempt.” Those who are “exempt” do not have a legal right to the same benefits. Although the benefits of being a non-exempt employee are clear, it can often be confusing for workers to know whether they fall into this category. Unfortunately, many employees in California are wrongfully classified as “exempt” when they are legally entitled to certain employment benefits such as overtime wages, meal breaks, and re ..read more

Working as a tipped employee, such as a server, can be a great way to earn a living in California. However, it’s important that servers aren’t taken advantage of by employers who might wrongfully withhold tips or violate the gratuity laws. The California Labor Code is designed to protect workers who are paid tips and gratuities — and it’s critical that they are aware of their legal rights.    What is a Tip or Gratuity? Commonly referred to as “tips,” California Labor Code § 350 defines a gratuity as money “that has been paid or given to or left for an employee by a patron of a b ..read more

Employers in California are prohibited from terminating employees for illegal reasons. For instance, an employer may not fire an employee due to their race, gender, disability, sexual orientation, or other protected status. An employer may also not terminate an employee if doing so would violate a fundamental public policy. In the event an employer’s actions have been motivated by unlawful reason — or they violate California public policy — the employee may be entitled to commence a lawsuit for wrongful termination. What is Wrongful Termination in Violation of Public Policy? Generally, employm ..read more

Worker misclassification is a significant problem in various industries throughout California. However, in 2019, the California legislature passed a bill that protects employees from being misclassified as independent contractors and unfairly denied the employment benefits to which they’re entitled. Effective as of January 1, 2020, Assembly Bill 5, AKA AB5 Law, codified the California Supreme Court’s decision in Dynamex v. Superior Court — and adopted the “ABC test” used in the case to determine whether a worker has been misclassified. What is the Difference Between an Independent Contractor a ..read more

Not only do California employees have strong legal protections during the course of their actual employment, but in the screening and hiring phases as well. However, the application of these protections can vary from case to case. In fact, the standards that employers may use in selecting candidates for employment has been the subject of much case law — both on the state and federal levels. Accordingly, California hiring laws include specific criteria that may — and may not — be used by employers during the hiring process. Hiring Discrimination Generally: No Discrimination Against a Protected ..read more

Employees in California are afforded many crucial rights in the workplace by law — including the right to take a 30-minute unpaid lunch break depending on the amount of time worked. Employees may also be entitled to take 10-minute paid rest breaks throughout the day. However, California break and lunch laws are highly nuanced and many variables can come into play.     What Are California Break and Lunch Laws? Under California Labor Code §512(a), employers must provide employees who work more than five hours in a day with a 30-minute unpaid lunch or meal break. But if the sh ..read more

Although there are many laws in place to prevent it, sexual harassment is still a major problem in many workplaces. It’s crucial to understand that in California, all types of sexual harassment are strictly prohibited in employment settings. In addition to hostile work environment claims, employees should also be aware that quid pro quo sexual harassment is another type of illegal conduct prohibited in places of work in California.     What is Quid Pro Quo Harassment? “Quid pro quo” is a Latin phrase meaning “something for something.” In the workplace, quid pro quo sexual h ..read more

If you have become a new father through birth, adoption, or foster care, paternity leave has numerous long-lasting benefits. Taking paternity leave is vital to building a bond with your child and helping to take an active role in the first few weeks after your child’s arrival. Significantly, both California state law and federal law afford many new fathers 12 weeks of unpaid paternity leave. What is Paternity Leave? “Paternity leave” is the term that refers to time off from employment for a biological father, adoptive father, or foster father to allow them to care for their new child. While ma ..read more