Payment of final wages upon termination (or resignation) can be a big deal in California. Labor Code sections 201-203 set forth important rules that employers must follow, and can result in stiff penalties when they are violated: up to 30 days of pay at the employee’s regular daily wages.
A recent California Court of Appeal decision explores the question of when temporary workers are owed their final wages. In Young v. REMX Specialty Staffing (2023) 91 Cal.App.5th 427, the plaintiff was hired by a temporary staffing agency in July 2013. She was then assigned to a Bank of the West location and, soon thereafter, terminated. The plaintiff then sued, claiming that she had not been properly paid her final wages upon the termination of her employment.
The case thus turned on California Labor Code section 201.3(b)(4), which provides that if an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable immediately. Continue reading “When are Temporary Workers owed Their Final Wages?”→
On May 22, 2023, the California Supreme Court issued an important decision clarifying that employers violate the law if they terminate or retaliate against employees who complain about violations that were already known to the employer. In People ex rel. Garcia-Brower v. Kolla’s (S269456), the employee worked for a nightclub in Orange County. She complained that she had not been paid for her three previous work shifts. The employer then threatened to report her to immigration authorities and fired her.
The plaintiff then filed a complaint with the Division of Labor Standards Enforcement (DLSE) of the State of California’s Department of Industrial Relations. The DLSE investigated and prosecuted her complaint. Unfortunately, the trial court held that Labor Code section 1102.5, California’s whistleblower protection law, did not apply because the employee had complained to her employer rather than to a government agency. The court of appeal affirmed on different grounds, holding that in order to be protected under section 1102.5, an employee’s complaint must report something that the employer was not already aware of. Continue reading “California Whistleblower Protections Cover Complaints that Employers Already Know About”→
Some businesses in California use other companies to provide their workers. The company that provides the workers is sometimes referred to as a “Labor Contractor.” Unfortunately, Labor Contractors may, for a number of reasons, stop paying their workers. The question then is whether the workers can sue the business that used the Labor Contractor for their unpaid wages.
This post provides basic information about California’s Equal Pay Act, which is found in Labor Code sections 1197.5 and 432. The Equal Pay Act (or “EPA”) prohibits employers from paying employees less than employees of the opposite sex for equal work. As January 1, 2017, it also prohibits an employer from paying its employees less […]
California’s Healthy Workplaces, Healthy Families Act of 2014 (Healthy Workplaces Act), which is found at Labor Code § 245, requires certain employers to provide their employees with at least three paid sick days per year. Employers that violate this law may be subject to a host of damages, including liquidated damages and civil penalties.
Under California’s Fair Employment and Housing Act (“FEHA”), it is an unlawful for an employer or any other person to harass an employee due to their physical disability, mental disability, or medical condition. Unlike claims for discrimination, liability for harassment applies to “any person” and thus extends to individuals, including individual supervisory employees. In order for […]
California’s Fair Employment and Housing Act (“FEHA”) makes it unlawful to refuse to hire, discharge, or discriminate against a person because of their physical or mental disability or medical condition. Courts have interpreted the term “to discriminate” as used in that context to mean “to treat differently.” An employer “has treated an employee differently ‘because of’ a disability when the disability is a substantial motivating reason for the employer’s decision to subject the employee to an adverse employment action.”Continue reading “Disability Discrimination at Work is Illegal under California Law”→
California’s Fair Employment and Housing Act (“the FEHA”) and related regulations promulgated by the Fair Employment and Housing Council provide important protections to employees and applicants with disabilities. These protections extend to persons who are disabled or considered to be disabled, as well as to those who are associated with people who are disabled.Continue reading “Your Rights at Work under California Disability Law”→
Section 12940(h) of California’s Fair Employment and Housing Act (FEHA) provides that it is illegal for an employer to retaliate against an employee who has opposed any practices that violated the FEHA. Section 12940(m)(2), enacted in 2015, further provides that it is illegal for an employer to retaliate or otherwise discriminate against a person for […]