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…
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…
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…
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…
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…
In 2023, California passed a law (Senate Bill 616) that grants employees 5 paid sick days each year. SB616 amends Labor Code Section 246, which had previously provided for only 3 paid sick days. The new law, effective 1/1/24, resulted from extended negotiations between various interest groups and represents a compromise from the original proposal…
Laws about work are constantly changing in California. Laws regarding marijuana testing at work are no exception. California passed Assembly Bill 2188 (AB 2188) on 8/30/22, bringing some important changes regarding how employers can test employees or job applicants for marijuana use and how they treat positive test results. In this blog post, we’ll break…
Congratulations to Eugene Lee, Esq. for winning two separate appeals in the 2d District Court of Appeal. The result allows his clients to keep the $506,000 and $235,000 in judgments he won for each of them. In the process, he defeated a $10 mil. lawsuit that an employer had brought against his client. Opposing counsel…
Not getting all your breaks? WageCop records your real shifts and automatically flags possible break issues based on your actual hours, not a what-if. Built by Eugene Lee, the California employment lawyer behind this blog. Free to download and use. This meal break and rest break calculator will tell you how many meal and/or rest…
A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck?” The answer is: it depends. If you were fired or laid off If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have…
