Tenant rights: defined What are tenant’s general rights in California? By renting the unit from the landlord, the tenant receives the right to the exclusive use and possession of the rental property during the rental period. The contact information of the landlord must be written into the rental agreement (otherwise known as a “lease”), or, at the very least, must be posted conspicuously in the rental property and/or unit. What is a landlord? A “landlord” is an individual or an entity which owns the rental property. The landlord leases the property to an individual, otherwise known as the “tenant.” The […]

What are late fees? Late fees and similar liquidated damages provisions “serve an important function. They remove the uncertainty factor from determining damages from a breach of contract and reduce litigation.” UCAN v. AT&T Broadband of Southern Cal., 135 Cal. App. 4th 1023, 1038 (2006) (affirming the grant of summary judgment to defendant because liquidated damage clause in pre-printed contract was valid). Indeed, the California Legislature has specifically authorized late fees in lease agreements when (1) it would be “impracticable or extremely difficult” to determine actual damages; and (2) the parties agree upon the amount of the late fee. Civil […]

What is the California Labor Board? The California Labor Commissioner’s office, otherwise known as the Division of Labor Standards (“DLSE”) or the “Labor Board” receives individuals employee complaints regarding unpaid wages and also retaliation at the workplace and attempts to settle these claims through both an investigation and hearing. Should I file a complaint with the Labor Board or in Small Claims court? The Labor Board is generally a superior forum for an unpaid wages case than small claims court for several reasons. First, the Labor Commissioner’s Office generally has significantly more experience in handling unpaid wages claims and therefore […]

Unemployment Insurance is a program which offers a partial wage substitute to workers who are now jobless due to no mistake of their own, while they are attempting to seek new employment. Unemployment Insurance is handled by each state but mandated by the federal law. In California, the UI program is administered by the Employment Development Department (EDD). The department itself renders decisions regarding applicant eligibility, amends rules, gathers employer taxes and issues benefit checks. The decision made by the EDD may be further reviewed by a separate state entity known as the California Unemployment Insurance Appeals Board (CUIAB). Notably, […]

California law protects employees who use their own money or equipment at work.  The Legislature’s intent is that employees should not bear losses or expenses incurred in the service of their employers.  There are a number of laws and regulations that require employers to reimburse expenses that employee incur or to pay for employees use of their own property. Labor Code Section 2802 Requires Employers To Indemnify Employees Labor Code section 2802 requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or […]

According to California Labor Code for Rest Breaks, Non-exempt employees are authorized and permitted to take a 10-minute paid rest break for every four hours worked or major fraction thereof. The Company authorizes and permits rest breaks according to the following schedule: A non-exempt employee who does not work more than 3.5 hours in a workday is not authorized and permitted to take a rest break.   A non-exempt employee who works more than 3.5 hours in a workday but who does not work more than 6 hours in a workday is authorized and permitted to take one 10-minute rest […]

Meal Break Obligations You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work. The employer satisfies its legal obligation to provide an off duty meal period to its employees if it: Relieves its employees of all duty. Relinquishes control over their activities. Permits them a reasonable opportunity to take an uninterrupted, 30-minute break. Does not impede or discourage them from doing so. A meal break can […]