Bay Area Employment Law Blog
Overtime rules for restaurant workers in California
About one in 10 workers in California are employed in the hospitality sector, and the outcomes of a string of recent employment law cases suggest that many of them are not properly compensated when they work overtime. California’s wage and hour law requires employers...
Is Proposition 22 finished in California?
Passing legislation or succeeding with a voter's referendum does not automatically mean that employment rules change. Judicial review may occur, resulting in a law being declared unconstitutional. Proponents of California's Proposition 22 received a potential setback...
What’s considered a hostile workplace when you work from home?
Working from home in California seems like a dream come true. You have the freedom of working remotely right from the comfort of your own home. However, working away from an office doesn't mean you'll definitely avoid a hostile work environment--it can still be a...
Is my employer required to offer a meal break?
Yes. California mandates that employers offer nonexempt workers a 30-minute uninterrupted meal break if they work a five-hour or longer shift. If a shift is less than six hours and both parties agree, the meal break can be waived. Also, employees must receive a second...
Do you have the right to take FMLA or CFRA leave?
While you want to be a diligent employee, your life simply doesn't revolve around your job. You also have your health and a family to take care of and support. Some companies try to facilitate a positive work-life balance for their staff members by offering generous...
Negotiating severance agreements after termination
California employees often rely on their severance agreements to keep them going until they are able to find another job. They have the ability to negotiate, and they do not just have to take what their employer offers. Negotiating a strong severance agreement is...
What are some less common forms of sexual harassment?
Most people in California know that sexual harassment is illegal. However, sexual harassment doesn't always involve inappropriate touching or lewd comments. Some forms of sexual harassment are less obvious, but when you figure out what's going on, you should talk to...
Yes, your employer owes you your commissions once they’re earned
When you’re terminated from a position that you earn commissions from in California, you should be cautious to make sure you get those commissions that you are owed. California does have strict laws that cover what happens if you are fired or leave your position,...
Are you exempt from receiving overtime under California law?
An employer owes overtime wages to an employee who has worked more than 40 hours in a week. Non-exempt employees who live in San Francisco, California, have a legal right to receive overtime wages whenever they work those longer hours. There are only a few...
Recognizing disability discrimination in the workplace
Those who are disabled are legally protected from being discriminated against in the workplace due to their condition. This means that an employer cannot be discriminatory against a person with a disability in the hiring process, in any aspect of their employment...
