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California Overtime Law: Everything You Need To Know

Overtime definition: What is overtime? Overtime can be defined as time spent working beyond typical working hours. The term can also be used to refer to the pay a person receives for this time.  According to the DIR (Department of Industrial Relations), overtime is extended to nonexempt California employees – employees who are directly supervised and paid an hourly wage as opposed to a monthly salary. Nonexempt employees are protected by California wage and hour laws, which require meal breaks, rest breaks, and overtime. Here’s more on nonexempt and exempt employees in California. How many hours is overtime? California has […]

What is commission pay?

Employees can be paid in several ways. Some get paid fixed salaries while others get hourly wages. Some are also paid on a commission basis.  If you are paid a commission basis, you are considered to be on commission pay.  Some jobs, especially those in sales and marketing, offer commission pay as an employee’s sole earnings or as an addition to the base salary.   What does commission mean? To understand commission pay, you need to define the term commission. According to California Labor Code 204.1, commission is defined as compensation paid to any individual for the services they render in […]

What is an Independent Contractor vs Employee?

The IRS defines an independent contractor is an individual in independent trade, profession, or business offering their services to the public. Doctors, accountants, lawyers, contractors, and auctioneers are good examples of independent contractors, according to the IRS.   Independent contractors can also be defined as self-employed individuals who provide services that can’t be controlled by an employer. Employers don’t have the right to dictate the details of how services are rendered when working with independent contractors. If you are told what should be done as well as how it should be done, you are not an independent contractor. Misclassification of employees […]

What’s The Difference Between Exempt vs. Non Exempt Employees?

Are you an exempt or non exempt employee? Your employment status in California can be confusing, yet it is crucial in determining if you qualify for certain perks like overtime, meal breaks, rest breaks, etc. There are two types of employees in this regard, namely: exempt and non exempt employees.   Definition of an exempt employee in California Exempt employees are employees who don’t qualify for overtime, meal breaks, rest breaks, etc. What’s more: The wage and hour laws in California don’t apply to exempt employees.   A California employee is regarded as exempt if they meet the legal definition of an […]

Constructive Discharge: Defined

Some employees may be facing unbearable conditions in their workplace. For example, you may be mistreated or receive negative pay for reasons that are not related to work ethic or face discrimination and harassment. If such mistreatment rises to a level where no reasonable person would continue in this position, your employer may be found liable for constructive discharge. In this article, we will discuss how constructive discharge is defined in California, when do you qualify for it, and what to do if you find yourself in an unpleasant situation that appears to meet the criteria of constructive discharge. What […]

California Maternity Leave: Explained

California has arguably the best maternity and related laws in the US. While most employees in other states rely on federal law (FMLA), California has enacted several laws offering additional rights and protections. Before highlighting those laws, it’s important to define maternity leave. Definition of maternity leave Maternity leave can be defined as absence/time off from work granted to an expectant/new mother before/after they give birth. The term tends to be used interchangeably today to refer to paternity leave (maternity leave for new fathers). The term also extends to leave taken after adoption or a foster care placement and not […]

California Pregnancy Disability Leave: Explained

In California, employees who are “disabled” because of pregnancy or childbirth are entitled to up to 4 months PDL (pregnancy disability leave). The leave is applicable provided an employee remains “disabled”.  Define “disabled” as per pregnancy leave regulations In case you don’t know what it means to be disabled as per pregnancy leave regulations in California, a woman is considered “disabled” by her pregnancy when her physician deems her incapable of doing any essential job function/s because of her pregnancy. This is common during/around the last weeks of pregnancy (around week 36 for most women).  The leave is meant to […]

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