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California Employment Law Blog

Most Recent Posts

California Laws Against Harassment at Work

By Malatesta Law on December 15, 2018

California Constitution Article 1, Section 8

The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and national and ethnic origin.

Posted in: Harassment

Harassment – What Damages May an Employee Be Able to Recover?

By Malatesta Law on December 1, 2018

An employee who is subjected to unlawful harassment is entitled to recover damages under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.

Posted in: Harassment

Independent Contractor or Employee?

By Malatesta Law on November 30, 2018

Are You Really an Independent Contractor?

Employer’s regularly violate California law by categorizing individuals who work for them as independent contractors when in actuality, the individuals are employees. Such misclassification is a violation of the law and a misclassified individual can recover significant damages from his or her employer.

Posted in: Wage & Hour

On-Duty Meal Periods – Are They Legal?

By Malatesta Law on November 15, 2018

Generally, an employer cannot employ a non-exempt employee for a period of more than five hours without providing that employee an off-duty meal period of at least thirty minutes.

Posted in: Wage & Hour

Vacation Pay — What To Know

By Malatesta Law on November 1, 2018

Under California law, employees have no legal right to vacation pay. As such, employers do not have to provide their employees with any vacation pay.

While employers do not have to provide their employees with vacation pay, it is standard practice for employers to do so. Employers often grant employees vacation pay by way of the employer’s policies and practices, an employee’s employment contract, or a collective bargaining agreement.

Posted in: Wage & Hour

Sexual Harassment – Hostile Work Environment Harassment

By Malatesta Law on November 1, 2018

The California Supreme Court has defined “harassment” as “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives.”

Posted in: Harassment

Sexual Harassment – Quid Pro Quo Harassment

By Malatesta Law on October 30, 2018

Sexual harassment can take the form of an economic “quid pro quo,” that is where an employee’s engagement or non-engagement in sexual behavior is linked to the granting or denial of a tangible job benefit.

Posted in: Harassment

Age Discrimination: What Does an Employee Need to Show?

By Malatesta Law on October 30, 2018

California’s age discrimination laws are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.” Thus, an action for age discrimination can be based upon discrimination against a single individual or based upon discrimination against a group of individuals.

Posted in: Discrimination

An Employee’s Wage – Information to Know

By Malatesta Law on October 15, 2018

California law defines a wage as “all amount for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard for time, task, piece, commission basis, or other method of calculation.” California Labor Code Section 200(a).

Posted in: Wage & Hour

Are Cell Phones a Reimbursable Business Expense?

By Malatesta Law on October 1, 2018

The use of cell phones has become commonplace in today’s business environment. Employees in a myriad of different industries performing a wide variety of jobs use cell phones every day to carry out their job duties.

Posted in: Wage & Hour