Los Angeles Labor and Employment Articles

The Rights of At-Will Employees in California

A recent New York lawsuit demonstrates how difficult life as an at-will employee can be. A home health care provider fired a 53-year-old nurse because her supervisors learned that she had uterine cancer, the woman alleges. The woman incurred exorbitant medical bills while she fought the cancer, which has been in remission for over a year. After the company hired her in November 2008, she missed a week of work in March 2009 when she first learned about the cancer. Several weeks later, she underwent an operation and missed a month of work. Additional complications forced her to miss other days in subsequent months. Nevertheless, she said that she covered all of her job duties while undergoing treatment and that her supervisors regularly told her that she was doing an excellent job. The home health care provider eventually fired the woman, and, when she asked why, the human resources director simply said she was an “at-will” employee without elaborating...

More

The Distinction between Exempt and Non-Exempt Employees

The exempt/non-exempt employee distinction is one of the most frequent reasons for lawsuits against companies in the United States. It can also be one of their most costly mistakes. Earlier in the month, a federal panel joined a group of lawsuits filed in California, Florida, Texas, Washington, and Kansas against Bank of America. Tellers and other hourly employees claim that Bank of America violated the Fair Labor Standards Act or state wage and hour laws. When employees worked more than 40 hours in a week, they claim the bank gave them compensatory time off or told them not to record more than 40 hours. Bank of America went so far as to modify their hours, the plaintiffs allege, if they went overtime. Altogether, the claims could be more than $100 million, and up to 180,000 employees could be involved in the...

More

Los Angeles Overtime Laws

Laws in California protect workers who put in more hours than is required by law. When an individual works more in a week than is necessary for a full-time employee, he is guaranteed certain overtime payments: • Receive overtime pay for working more than eight hours a day• Receive overtime pay for working more than 40 hours a week• Receive overtime pay even if a salaried worker• Receive overtime pay even if the salary is more than $100,000 per year• Receive overtime pay even if the worker is a supervisor There are many misconceptions with the overtime rules in California. Many employers want there to be a gray area in terms of how workers can be paid, in order to pay as little money as possible. There are many exemptions to who can receive overtime pay in California, but the basic rule is that anyone who works more than 40 hours in a given work week is eligible for such additional payment. California Meal and...

More

Family and Medical Leave Laws in California

Overview It is indeed comforting to be able to go on leave from a busy job when a close family member is unwell. United States has the Federal Family Medical Leave Act which gives employees the right to take leave on account of their own medical problems or those of a family member. California has also enacted the California Fair Employment and Housing Act (FEHA), which grants its employees similar rights. Eligibility As per FEHA, employees may take medical leave for themselves or to take care of their family members if they satisfy the following employment conditions: i They should have been in employment under that particular employer for at least 12 months;ii They should have worked for at least 1250 hours in the past 12 months;iii The employer must have at least 50 employees within a 75 mile radius of the location where the employee who wants leave works Subject to fulfillment of these conditions, an employee is eligible for...

More