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Harassment
Sexual Harassment Law in the California Workplace

Sexual Harassment Law in the California Workplace

In California, unlawful workplace sexual harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on their sex, gender, marital status, sexual orientation, pregnancy, or other sex-related reason. Sexual harassment… Continue Reading

Discrimination
Discrimination Laws in the California Workplace

Discrimination Laws in the California Workplace

Discrimination occurs when an employee or job applicant receives less favorable treatment because of a specific characteristic they have. In many cases, employers in California are prohibited by law from engaging in discrimination. Discrimination can… Continue Reading

Termination
Wrongful Termination Law in California

Wrongful Termination Law in California

Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee’s legal rights. In California, wrongful termination claims can arise when an employer violates a state or federal statute,… Continue Reading

Discrimination
Pregnancy Discrimination Laws in the California Workplace

Pregnancy Discrimination Laws in the California Workplace

Having a baby can be one of the most meaningful experiences in a woman’s life. Unfortunately, it can also negatively impact a woman’s career. In those cases, it’s important to know which actions constitute unlawful… Continue Reading

Wage Law
The Outside Salesperson Exemption to California’s Labor Laws

The Outside Salesperson Exemption to California’s Labor Laws

Most California employees are entitled to be paid minimum wage. They are also entitled to overtime wages when they work more than eight hours in a workday, more than forty hours in a workweek, or… Continue Reading

Wage Law
Minimum Wage Law in California

Minimum Wage Law in California

The 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

Wage Law
Overtime Exemptions Under California Law

Overtime Exemptions Under California Law

Overtime wages are a type of increased pay that employees can earn when they work more than a certain number of hours in a workday or workweek. California labor laws require most employers to pay… Continue Reading

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

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

California labor laws require most employers to follow certain rules—like paying overtime, tracking hours, or providing rest breaks. Some types of jobs, however, are exempt from these requirements. An exempt employee is someone whose job… Continue Reading

Leave Rights
Paternity Leave Law in California

Paternity Leave Law in California

Paternity leave is the time a new father takes off from his job for the birth, adoption, or foster care placement of his new child. The rights of fathers in this context are often overlooked… Continue Reading

Wage Law
The Professional Exemption to California’s Wage & Hour Laws

The Professional Exemption to California’s Wage & Hour Laws

Most California employees are entitled to be paid minimum wage. They are also entitled to overtime wages when they work more than eight hours in a workday, more than forty hours in a workweek, or… Continue Reading

Wage Law
The Computer Professional Exemption to California’s Wage Laws

The Computer Professional Exemption to California’s Wage Laws

Most California employees are entitled to be paid minimum wage. They are also entitled to overtime wages when they work more than eight hours in a workday, more than forty hours in a workweek, or… Continue Reading

Wage Law
Tip Pooling Law in California: Employee Rights Explained

Tip Pooling Law in California: Employee Rights Explained

Tip pooling is the practice of gathering some or all of the tips earned by several employees, and then splitting them up in previously-agreed percentages. In California, employer-mandated tip pooling is generally considered legal, as… Continue Reading

Lactation
Lactation Breaks & California Law: The Right to Pump at Work

Lactation Breaks & California Law: The Right to Pump at Work

A lactation break is a period of time during the work day for nursing mothers to express breast milk (i.e., a break to pump). All California employers are required to permit new mothers to take… Continue Reading

Wage Law
Wage Statement & Pay Stub Requirements in California

Wage Statement & Pay Stub Requirements in California

A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated. California has specific laws that govern the information that employees… Continue Reading

Wage Law
Wage Paydays and Pay Periods: The Law in California Explained

Wage Paydays and Pay Periods: The Law in California Explained

California is often considered a progressive state, with a relatively high minimum wage, strong protections for employees, and a general embrace of unions and collective bargaining. In keeping with this reputation, California has fairly strict… Continue Reading

Wage Law
The Minimum Salary Requirement for Exempt Employees in California

The Minimum Salary Requirement for Exempt Employees in California

California’s employment laws divide employees into two main categories: exempt employees and nonexempt employees. The distinction can be important because nonexempt employees have more rights in the workplace than exempt employees. Usually, employers prefer to… Continue Reading

Wage Law
Overtime Calculator for California Employees

Overtime Calculator for California Employees

Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Most non-exempt employees in California have a legal… Continue Reading

Discrimination
Age Discrimination Laws in the California Workplace

Age Discrimination Laws in the California Workplace

Age discrimination occurs when an employee or job applicant over the age of 40 receives less favorable treatment because of their age. In many cases, employers in California are prohibited by law from engaging in… Continue Reading

Wage Law
The Administrative Exemption to California’s Labor Laws

The Administrative Exemption to California’s Labor Laws

Most California employees are entitled to certain important rights. Those include: The right to be paid at least the minimum wage; The right to overtime wages when they work more than eight hours in a… Continue Reading

Rest Breaks
Meal Break & Rest Period Rules under California Law

Meal Break & Rest Period Rules under California Law

California employees who are considered non-exempt have a legal right to receive meal breaks and rest periods. And even most employees who are considered exempt still have a right to take meal breaks (but not… Continue Reading

Wage Law
Overtime Wage Laws in California, Explained

Overtime Wage Laws in California, Explained

Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Most non-exempt employees in California have a legal… Continue Reading

Wage Law
The Executive Employee Exemption under California Law

The Executive Employee Exemption under California Law

Most California employees are entitled to certain important rights. Those include: The right to be paid at least the minimum wage; The right to overtime wages when they work more than eight hours in a… Continue Reading

Wage Law
Tip and Gratuity Laws in California

Tip and Gratuity Laws in California

California 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

Disability Rights
Reasonable Accommodation Laws in the California Workplace

Reasonable Accommodation Laws in the California Workplace

Most 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

Labor Contracts
Understanding Employment Severance Agreements in California

Understanding Employment Severance Agreements in California

Not everyone leaves a job on his or her own terms. For whatever the reason—be it a firing, company downsizing, or a lay-off—being let go from a job can be a stressful experience. To make… Continue Reading

Breastfeeding
Workplace Breastfeeding Laws in California

Workplace Breastfeeding Laws in California

Breastfeeding 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
7 Dumb Ways Employers Violate Wage & Hour Laws in California

7 Dumb Ways Employers Violate Wage & Hour Laws in California

California law provides protections for workers’ wages and hours. Many employers, however, violate those protections. In some cases, the violations are unintentional; the employer might simply be unaware of their legal duties. In other cases,… Continue Reading

Harassment
2 Gross Types of Sexual Harassment Violations in California

2 Gross Types of Sexual Harassment Violations in California

In California, courts generally separate sexual harassment cases into two distinct types of violations: Quid pro quo sexual harassment, and Hostile work environment sexual harassment. These two categories are not legally-definitive, especially because many situations… Continue Reading

Termination
5 Illegal Reasons to Be Fired in California

5 Illegal Reasons to Be Fired in California

Illegal firings happens when an employment relationship is ended by an employer in violation of the employee’s legal rights. In California, these situations are often referred to as wrongful terminations. They can arise when an… Continue Reading

Leave Rights
Maternity Leave Law in California

Maternity Leave Law in California

Maternity leave is the time a woman takes off from her job for the birth, adoption, or foster care placement of her new child. In California, many women have a legal right to be absent… Continue Reading

Wage Law
How to File a Wage & Hour Complaint in California

How to File a Wage & Hour Complaint in California

The 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
Retaliation for Filing a Workers’ Compensation Claim in California

Retaliation for Filing a Workers’ Compensation Claim in California

California 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

DFEH Claims
How to File a Work Discrimination Complaint with California’s DFEH

How to File a Work Discrimination Complaint with California’s DFEH

California employees have a right to be free from unlawful discrimination, harassment, and retaliation in the workplace. Those laws, however, don’t enforce themselves. When California’s anti-discrimination laws are violated, many workers choose to file a… Continue Reading

Labor Board
How to File a “Labor Board” Complaint in California

How to File a “Labor Board” Complaint in California

The State of California has over 300 administrative agencies. Some of those agencies investigate and oversee workplace disputes and complaints. Many employees refer to this type of agency as a “labor board,” although there is… Continue Reading

Disability Rights
Disability Discrimination Laws in the California Workplace

Disability Discrimination Laws in the California Workplace

Nobody 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

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

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

Employees 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

Leave Rights
Pregnancy Leave Law in California

Pregnancy Leave Law in California

Pregnancy leave is the time a woman takes off from her job for the birth, adoption, or foster care placement of her new child. In California, many women have a legal right to be absent… Continue Reading

Harassment
Hostile Work Environment Sexual Harassment and California Law

Hostile Work Environment Sexual Harassment and California Law

Hostile work environment sexual harassment is conduct that is so pervasive that a abusive work environment is created. This type of harassment is unlawful regardless of whether it is motivated by sexual desire. But the… Continue Reading

Harassment
Hostile Work Environments and California Law, Explained

Hostile Work Environments and California Law, Explained

In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee’s race, disability, religion, sex, gender identity, marital… Continue Reading

Bullying
Bullying in the California Workplace: The Law Explained

Bullying in the California Workplace: The Law Explained

In California, unlawful workplace bullying occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee’s race, disability, religion, sex, gender identity, marital… Continue Reading

Harassment
Workplace Harassment Law in California

Workplace Harassment Law in California

In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. Those can include the employee’s race, disability, religion, sex, gender identity, marital… Continue Reading

Harassment
<em>Quid Pro Quo</em> Sexual Harassment Under California Law

Quid Pro Quo Sexual Harassment Under California Law

Quid pro quo is a Latin phrase that means “this for that.” Like the name implies, quid pro quo sexual harassment occurs when sexual favors are requested or demanded in exchange for a specific job… Continue Reading

Harassment
The Legal Definition of “Sexual Harassment” in California

The Legal Definition of “Sexual Harassment” in California

California law prohibits both employers and employees from sexually harassing any worker, employee, applicant, volunteer, independent contractor, or unpaid intern. Sexual harassment generally involves negative, inappropriate, or unwanted conduct directed at a worker based on… Continue Reading

Wage Law
The Law on Late & Unpaid Wages in California

The Law on Late & Unpaid Wages in California

Employers 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

Misclassification
1099 Workers vs. W-2 Employees in California: A Legal Guide

1099 Workers vs. W-2 Employees in California: A Legal Guide

There are two main types of workers in California: employees and independent contractors. For tax purposes, the way a worker is classified will impact the form that businesses are required to prepare. If a worker… Continue Reading

Misclassification
Independent Contractors vs. Employees: A Guide California Law

Independent Contractors vs. Employees: A Guide California Law

Independent contractors are workers who are in business for themselves. They’re generally free to work on multiple projects at the same time, and take jobs on a freelance basis. In many cases, they can choose… Continue Reading

Representation
How Our Pricing Works

How Our Pricing Works

At 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