Home: Smith & Lo, California Work LawyersHome About Smith & Lo, California Work LawyersAbout Pricing: Smith & Lo, California Work LawyersPricing Articles: Smith & Lo, California Work LawyersArticles Contact Smith & Lo, California Work LawyersContact

Articles

Wage Law
Exempt vs. Non-Exempt Employees in California

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

Termination

Wrongful Termination Law in California: The Ultimate Guide

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

Rest Breaks

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
California Employee Working Overtime Late at Night

The Ultimate Guide to California’s Overtime Wage Laws

Unpaid 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

Discrimination
California Workplace and Employment Discrimination Law

Discrimination Laws in the California Workplace, Explained

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

Discrimination
Pregnant female employee being discriminated against in a 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

Labor Contracts
California Law on Severance Agreements

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

Labor Board
Labor Board Complaint in California

California’s “Labor Board” Explained: How to File a Complaint

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

DFEH Claims
California's Discrimination Complaint Process with the 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

Wage Law
Outside Sales Employee Exemption in California

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
Administrative Employee Exemption in California

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
Computer Professional Exemption in California

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
Payday and Pay Periods Under California Law

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

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

Discrimination
Elderly Man Being Discriminated Against in California

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
Administrative Employee Exemption in California

The Administrative Exemption to California’s Labor Laws, Explained

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
Options for employees improperly classified as exempt in California

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
Employee Receiving Tips and Gratuities under California Law

Ultimate Guide to 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

Wage Law
Employee Earning Minimum Wage in California

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

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

Disability Rights
Employee Earning Minimum Wage in California

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

Breastfeeding
Employee Breastfeeding at Work in California

Workplace Breastfeeding Laws in California, Made Easy

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
Late and Unpaid Wages Law in California

The Law on Late & Unpaid Wages in California, Explained

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

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

How to File a Wage & Hour Claim 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
California employer retaliating against employee injured at work

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

Wage Law
Commissioned Employee 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

Disability Rights

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

Representation
Smith & Lo Pricing

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