Articles

Wage Law

Ultimate Guide to Tip and Gratuity Laws in California

Reading Time: 10 minutesCalifornia Labor Laws are designed to provide the highest level of protection for workers. For employees in the service industry, this means that they are legally entitled to keep all tips voluntarily left for them…. Continue Reading

Wage Law

Guide to California’s Minimum Wage Laws in 2017 and Beyond

Reading Time: 15 minutesThe minimum wage is the minimum hourly rate that nearly all California employees must be paid for their work by law. The federal minimum wage (currently $7.25 per hour) applies to covered employees, unless they… Continue Reading

Disability Rights
Employee Not Receiving a Reasonable Accommodation in California

Reasonable Accommodation Laws in the California Workplace

Reading Time: 13 minutesMost businesses in California have a duty to provide reasonable accommodations for their employees with known disabilities, unless doing so would cause the employer an undue hardship. A reasonable accommodation is a change to an… Continue Reading

Wage Law

The Ultimate Guide to California’s Overtime Wage Laws

Reading Time: 16 minutesUnpaid overtime claims are the largest category of complaints filed under California’s wage and hours laws. In fact, more unpaid overtime settlements are made in California than in any other state. Unpaid overtime can result… Continue Reading

Breastfeeding
Employee Breastfeeding at Work in California

Workplace Breastfeeding Laws in California, Made Easy

Reading Time: 10 minutesBreastfeeding provides important benefits for mothers and their children. In fact, it’s recommended by both the World Health Organization and UNICEF. But how should working mothers handle breastfeeding their child? Fortunately, California has adopted some… Continue Reading

Wage Law
Late and Unpaid Wages Law in California

The Law on Late & Unpaid Wages in California, Explained

Reading Time: 12 minutesEmployers have a legal obligation to pay the wages that their employees earn. They also have an obligation to pay those wages on time. California law protects employees who experience late or unpaid wages. This… Continue Reading

Rest Breaks
Employees Enjoying a Rest Period and Meal Break in California

Meal Break & Rest Period Requirements under California Law

Reading Time: 13 minutesCalifornia employees who are considered non-exempt have a legal right to receive meal breaks and rest periods. The number of breaks depends on the length of the employee’s shift. A rough guide is as follows:… Continue Reading

Wage Law
Exempt Employee California

California’s Exempt Employee Laws: How to Classify Workers

Reading Time: 12 minutesIn most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: Minimum Salary. The employee must be paid a salary that is at least twice the… Continue Reading

Wage Law
Exempt vs. Non-Exempt Employees in California

Exempt vs. Non-Exempt Employees: Guide to California Law

Reading Time: 16 minutesBoth state and federal laws require employers to follow certain rules—like paying overtime, tracking hours, or providing rest and meal breaks. Some types of jobs, however, are exempt from these requirements. An exempt employee is… Continue Reading

Discrimination
California Disability Discrimination Laws

Disability Discrimination and California’s Employment Laws

Reading Time: 16 minutesThe last few decades have seen a dramatic increase in the number of laws protecting employees with disabilities from discrimination. The State of California leads the nation in adopting laws that are favorable to disabled… Continue Reading

Wage Law
Employee Filing a Wage and Hour Claim with the DLSE

How to File a Wage & Hour Claim in California

Reading Time: 18 minutesThe wages and hours of California employees are protected by both state and federal law. Those laws, however, don’t enforce themselves. When labor laws are violated, many workers choose to file a wage claim. A… Continue Reading

Retaliation
California employer retaliating against employee injured at work

Retaliation for Filing a Workers’ Compensation Claim in California

Reading Time: 8 minutesCalifornia law is somewhat tricky when it comes to work-related injuries. In many cases, employees cannot sue their employer for unintentional acts that may have caused their injury. Instead, California law permits employees to pursue… Continue Reading

Wage Law
Commissioned Employee in California

The Law on Commission-Based Pay for Sales Employees in California

Reading Time: 13 minutesEmployees can be paid for their work in several ways. Hourly wages and fixed salaries are the most common examples. Some employees are paid a commission basis. All California employees, including those who earn commissions,… Continue Reading

Wage Law
California Law of Unpaid Wages

Late & Unpaid Wages for Hourly Employees under California Law

Reading Time: 6 minutesEveryone who has a job expects to be paid. Under federal and California law, it is against the law for employers to not pay their employees on time. And the amount paid must be the… Continue Reading

Discrimination

Disability Discrimination Laws in the California Workplace

Reading Time: 36 minutesNobody chooses to have a disability. But, for many, disabilities are a part of life. Sometimes those disabilities can negatively affect a person’s employment. In those cases, it’s important to know which actions constitute unlawful… Continue Reading

Representation

How Our Pricing Works

Reading Time: 4 minutesAt Smith & Lo, we accept two types of payment arrangements: Contingent fee agreements, or Hourly rate payments. These kinds of agreements are explained in more detail below. If you have questions, please feel free… Continue Reading

Harassment

Sexual Harassment

Reading Time: 3 minutesCalifornia law prohibits sexual harassment in the workplace. Your employer has a duty to protect you from unlawful harassment. Illegal sexual harassment can take two forms in California: quid pro quo harassment and hostile work… Continue Reading