Employment laws provide workers with important protections, such as minimum and overtime wages, the right to be free from harassment or discrimination, and workers’ compensation. In certain situations, these laws conflict with The United States Constitution’s prohibition against governmental interference with the free exercise of religion. Specifically, the “ministerial exception” exempts individuals that are classified […]
Read more...Author: Vince Chen
Is calling in to check your work schedule considered reporting to work?
Predictive scheduling laws have recently received a great deal of attention. Although California is considering passing statewide predictive scheduling laws, individual entities like the City of San Francisco have already enacted similar legislation. The push for predictive scheduling is to provide workers with stability and predictability by allowing them advance notice of their work schedules. […]
Read more...Are taxi drivers independent contractors under Dynamex’s ABC Test?
Whether an individual is an employee or independent contractor has become a hotly disputed legal topic. This classification is important because independent contractors do not receive employment-related protections, such as the right to minimum and overtime wages, the prohibition against discrimination, and workers’ compensation. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th […]
Read more...Are Stock Options and Stocks Considered Wages?
There has been an increase in companies that compensate employees with stock options or equity (e.g. stock). This practice is used to reduce the financial burden on cash-strapped startups or to incentivize employees to maximize a company’s financial success. Because it is unclear if stock options or equity have tangible value, there is ambiguity regarding […]
Read more...Are You a Salaried Employee If You are Paid by the Hour?
Under California law, employers must pay workers overtime when work is performed: 1) over forty hours in a workweek; 2) over eight hours each day; or 3) on the seventh consecutive day in a workweek. However, employees that fall under the professional, executive, and administrative exemptions may be excluded from earning overtime compensation. For an […]
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