What Does the “End of the Fifth Hour” Really Mean? (Or Why Our Break Calculator Isn’t Wrong)

By Eugene Lee |

So when it comes to late lunch violations under California labor law, the general public (and from time to time, even some lawyers) like to argue with us about what the end of the fifth hour really means. Our break calculator has been tested many times and it is 100% correct. Even so, some people…

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Your Paycheck Is Late Again — Collect Your California Labor Law Penalties.

By Eugene Lee |

California labor law provides that an employer can not be late giving paychecks to their employees. The law recognizes how important it is for employees to receive their paychecks on time. Late paychecks could mean being late on rent, on bills or on car payments. Labor Code Section 210, as updated by AB 673 in…

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Are You An Employee or an Independent Contractor? A California Labor Lawyer’s Perspective (2024)

By Eugene Lee |

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…

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Thai v. Int’l Bus. Machines Corp: Court of Appeal Rules Employers Must Reimburse Employees for Work from Home Expenses

By Eugene Lee |

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…

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AB1949: California Bereavement Leave

By Eugene Lee |

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…

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SB 497: The New 90-Day Presumption For Employees in Retaliation Claims

By Eugene Lee |

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…

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Understanding California’s Overtime Exemptions (2024)

By Eugene Lee |

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…

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California Supreme Court Rules on PAGA Claims: Trial Courts Cannot Dismiss Due to Manageability

By Eugene Lee |

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…

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Do I Need a Lawyer for the Labor Board?

By Eugene Lee |

I had a wage claim trial with the labor commissioners office. After waiting 2 years for the trial the trial officer allowed evidence at the very end of the Behrman hearing. I was a bit taken off guard and didn’t present rebuttal evidence. The trial officer seemed angry already and was closing the hearing. She…

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9 New California Laws Impacting Your Workplace in 2024: An Employee’s Perspective

By Eugene Lee |

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…

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