Are You An Employee or an Independent Contractor? A California Labor Lawyer’s Perspective (2024)
California Labor and Employment Law
by Eugene Lee
3w ago
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 distinction is critical, as employees enjoy the benefits and protections of the California labor code ..read more
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Thai v. Int’l Bus. Machines Corp: Court of Appeal Rules Employers Must Reimburse Employees for Work from Home Expenses
California Labor and Employment Law
by Eugene Lee
3w ago
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 pandemic. Thai v. Int’l Bus. Machines Corp. (2023) 93 Cal. App. 5th 364, review denied ..read more
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AB1949: California Bereavement Leave
California Labor and Employment Law
by Eugene Lee
3w ago
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 required to provide up to 5 days of bereavement leave to eligible employees. This leave ..read more
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SB 497: The New 90-Day Presumption For Employees in Retaliation Claims
California Labor and Employment Law
by Eugene Lee
3w ago
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 on 1/1/24, amending Labor Code Sections 98.6, 1102.5, and 1197.5 to simplify and strengthen the ..read more
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Understanding California’s Overtime Exemptions (2024)
California Labor and Employment Law
by Eugene Lee
3w ago
Introduction Navigating the complexities of employment law can be challenging, especially when it comes to understanding overtime exemptions. In California, certain workers are exempted from being paid overtime or getting meal or rest breaks. Understanding these exemptions is critical for employees to ensure they are being improperly misclassified. This blog post delves into the key ..read more
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California Supreme Court Rules on PAGA Claims: Trial Courts Cannot Dismiss Due to Manageability
California Labor and Employment Law
by Eugene Lee
3w ago
A recent ruling by the California Supreme Court has resolved a contentious issue in labor law: the authority of trial courts to dismiss claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. Background: Diverging Opinions Among Courts There was a split in the Courts of Appeal regarding whether trial courts could ..read more
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Do I Need a Lawyer for the Labor Board?
California Labor and Employment Law
by Eugene Lee
3w ago
Introduction Navigating a wage claim in California can be a complex and daunting process for workers. While the California labor board offers a streamlined venue for workers to file wage claims without the need of a lawyer, actually winning the claim and obtaining a recovery can be a different story. Many times, employers will choose ..read more
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9 New California Laws Impacting Your Workplace in 2024: An Employee’s Perspective
California Labor and Employment Law
by Eugene Lee
3w ago
Every year, a slew of important new labor laws take effect and 2024 is no different. For California employees, it’s crucial to stay informed of your new rights and protections. Here’s a breakdown of the 9 key laws that affect you in 2024 and beyond: Each of these laws brings with it a shift in ..read more
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California Workers Get 5 Paid Sick Days Per Year Starting 2024
California Labor and Employment Law
by Eugene Lee
3w ago
In 2023, California passed a law (Senate Bill 616) that grants employees 5 paid sick days each year. SB616 amends Labor Code Section 246, which had previously provided for only 3 paid sick days. The new law, effective 1/1/24, resulted from extended negotiations between various interest groups and represents a compromise from the original proposal ..read more
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The 2024 California Law on Marijuana Testing of Employees and Job Applicants (AB 2188)
California Labor and Employment Law
by Eugene Lee
3w ago
Laws about work are constantly changing in California. Laws regarding marijuana testing at work are no exception. California passed Assembly Bill 2188 (AB 2188) on 8/30/22, bringing some important changes regarding how employers can test employees or job applicants for marijuana use and how they treat positive test results. In this blog post, we’ll break ..read more
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