The California Labor Commissioner has published a practical website concerning the issue of wage theft. If you suspect an employer is not in compliance with California Wage & Hour laws, rules and regulations, please visit http://www.wagetheftisacrime.com/
An employer has a legitimate reason to terminate an at-will employee who refuses to cooperate in an internal investigation; or who lies or withholds information during an employer’s internal investigation.
McGrory v. Applied Signal Technology (2013) 212 Cal. App. 4th 1510, 1527
Si usted ha sufrido un accidente del trabajo, es hora que busque ayuda de un abogado especialista en seguro social para trabajadores (workers compensation). Cuando usted sufre un accidente o enfermedad ocupacional, debe hacer muchas cosas como escoger médicos que le provean tratamiento médico adecuado, pagar facturas médica, y preocuparse por el bienestar de su familia. Nosotros le ayudaremos a navegar el proceso de workers compensation para que usted pueda concentrarse en recuperarse y mejorar su salud. Contáctenos para una consulta inicial gratis. Le referiremos a abogados experimentados en lesiones del trabajo para que trabaje duro a su favor.
Nosotros solo cobramos si usted cobra. Trabajamos con mucho empeño para lograr que usted obtenga la compensación que merece. Llame ahora al (949)371-6243 para una consulta gratis.
Under California Rules and Regulations, employers are required to provide a toilet facility depending on the number of employees. Separate toilets for each gender are required for employers with more than five employees as follows:
Minimum Number of
Number of Employees Water Closets*
1 to 15…………………….1
16 to 35…………………….2
36 to 55…………………….3
56 to 80…………………….4
81 to 110……………………5
111 to 150……………………6
over 150………………………1 additional for
each additional 40
There are other regulations regarding the use of urinals as substitute for toilets, and there are also federal regulations that create an almost identical standard.
Governor Brown signed into Law SB 435 on October 10, 2013. This law essentially extends the penalty available against employers when an employee is not allowed to enjoy a Meal Period to “Recovery Periods,” i.e., a penalty equivalent to one hour of work. A Recovery Period is defined as “a cool down period afforded an employee to prevent heat illness” authorized by a governmental agency.
The CA OSHA has a mandate to prevent heat illness that requires employees who work outside a recovery period of no less than five minutes if outside temperature is over 85 degrees. In such cases, employers should be mindful of the need to make the Recovery Period available to employees and that there is a penalty if employees are prevented from taking a Recovery Period.
On September 26, 2013, Governor Brown signed the California Domestic Workers Bill of Rights. The new law will only be effective from January 1, 2014 to January 1, 2017.
Under the new law, certain domestic workers have the right to earn overtime for work performed in excess of 9 hours per day or 45 hours per week. The overtime rate is time and one half the regular rate of pay. This is a link to the new law (AB 241): http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB241
The Governor signed SB 462, on or about August 26, 2013, which amends California Labor Code Sec. 218.5 to require “bad faith” by a Plaintiff Employee for a prevailing employer to recover attorneys’ fees. Sec. 218.5 deals with a claim for “wages, fringe benefits, or health and welfare or pension funds contributions.” The amendment also clarifies that it does not apply to attorneys’ fees recoverable under Labor Code Sec. 1194 (minimum wage & overtime).
U.S. Citizenship and Immigration Services sent this bulletin at 03/08/2013 04:32 PM EST
(The earlier version of this message had an incorrect phone number which has been deleted from this version. Please disregard the earlier version.)
U.S. Citizenship and Immigration Services (USCIS) today published a new Form I-9, Employment Eligibility Verification. The form is available for immediate use by employers. Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.
The revised Form I-9 has several new features, including new fields and a new format to reduce errors. The instructions to the form also more clearly describe the information employees and employers must provide in each section.
English and Spanish versions of the new form are available online at www.uscis.gov and I-9 Central.
For more information, please call 888-464-4218 or visit I-9 Central online.
In addition, USCIS will be hosting a stakeholder teleconference on Monday, March 11, 2013, at 2 p.m. (Eastern) to discuss and answer questions about the form revisions.
To Join the Session
Please use the information below to join the teleconference. We recommend that you call in 20 minutes before its start.
If you receive a settlement after leaving your employment, will that payment affect your ability to receive unemployment benefits in California?
The answer is maybe. According to the California Employment Development Department (EDD), payments received from a former employer for damages or other payments are not considered to be “wages” and, as such, do not have a negative impact on the ability to receive unemployment benefits. The Total and Partial Unemployment (TPU) Division of the Benefit Determination Guide (BDG) of the EDD (http://www.edd.ca.gov/uibdg/) defines wages as compensation for personal services. Section TPU 460.3 explains that damage payments and other types of awards that are not paid in exchange for personal services do not fall with the definition of wages for unemployment purposes. “Only if the damage payments received are for personal services are they wages within the meaning of Section 1252 of the Code.” Wages are considered earned during the time which the claimant performed the services. This means that the settlement payment is not considered wages when it is paid if you did not perform services after leaving their employ.
Also, liquidated damages are not “wages” because they are not paid as remuneration for personal services. “Therefore, they would not render the claimants ineligible for unemployment insurance benefits. Those payments, in effect, are merely indemnification for losses.” For a detailed discussion, see: http://www.edd.ca.gov/uibdg/Total_and_Partial_Unemployment_TPU_4603.htm.
However, the EDD could take the position that a severance payment given to a former employee has a wage component and, for that reason, may partially or totally considered to be wages.