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Showing posts from June, 2023

Under California Labor Law, Employers are Required to Reimburse Their Workers for any Business Expenses

Under California labor law, employers are required to reimburse their workers for any business expenses they incurred, including the use of their personal vehicle or cellphone for work-related purposes. This law is designed to protect employees from bearing the burden of work-related expenses and to ensure that they are fairly compensated for their work. Failure to comply with this law may result in legal consequences, including wage and hour lawsuits. The law defines necessary expenditures or losses to include all reasonable costs, including attorney's fees if the employee needs to enforce their rights. Reimbursable expenses include driving costs, mileage reimbursement for the mileage driven, paid tolls, and other work-related expenses such as uniforms and conference fees. Employers can calculate the employee's reimbursement using one of four approved methods: reimbursing mileage driven, reimbursing actual expenses, making lump sum payments, or using the fixed and variable rat

Medical Liens Can be a Helpful Option for Those Without Health Insurance

Not having health insurance can be a difficult situation, especially when it comes to personal injury cases. In California, healthcare providers can offer discounted or free treatment to patients through a medical lien, which allows them to be paid back through the patient's personal injury settlement. This can be a beneficial option for those who cannot afford upfront medical costs, but it's essential to understand the agreement's terms and conditions.  A medical lien is a binding contract that can be negotiated, and it is crucial to ensure that the agreement is fair and reasonable.  Some providers may only offer lien-based treatment if the case is winnable. Additionally, statutory medical liens can be placed by hospitals and Medi-Cal, which entitle them to recover costs directly from any award or settlement.  It's important to keep in mind that if the case is lost, the provider can exercise the lien against the patient.  Therefore, it's always best to explore othe

Understand Your Rights When it Comes to Meal and Rest Breaks

As an employee in California, it's important to understand your rights when it comes to meal and rest breaks. Under California labor laws, employers are required to provide their employees with meal and rest breaks during their workday. If an employer fails to provide these breaks, or if they provide them late or for a shorter period than required, the employee is entitled to premium payment. The premium payment is equal to one hour of pay at the employee's regular rate. This payment is in addition to the employee's regular wages and is meant to compensate them for the missed break. It's essential to understand that meal and rest breaks are not optional. Employers must provide their employees with a 30-minute meal break for every five hours worked. If the employee's shift is less than six hours, they can waive their meal break, but this must be done voluntarily and in writing. Additionally, employers must provide their employees with a 10-minute rest break for every

California Labor Law and Getting Paid in Cash

California labor laws require employers to pay their employees properly and on time, but does this extend to paying employees in cash? The answer is not as straightforward as one might think. In California, employers are required to pay employees using a method that is negotiable, and while cash payments are allowed, they come with a few caveats. Firstly, employers must provide an itemized statement of the wages earned and deductions made, which can be difficult to do with cash payments. Additionally, if the amount paid in cash is over $10,000, the employer must file a Form 8300 with the IRS. Employers who pay their employees in cash may also be suspected of trying to evade taxes or avoid wage and hour laws. For this reason, it is always recommended that employers pay their employees using a more formal method, such as a check or direct deposit. It is also worth noting that employees have the right to request payment in a different form if they prefer not to receive cash. If an employe

Understanding the Difference Between Exempt and Non-Exempt Employees in California

As an employer or an employee, it is important to have a clear understanding of the difference between exempt and non-exempt employees in California. Under California labor law, the classification of employees as exempt or non-exempt determines their eligibility for overtime pay, meal and rest breaks, and other benefits. Exempt employees are those who meet certain criteria and are exempt from California’s minimum wage and overtime laws. These employees are usually salaried and are paid a fixed amount regardless of the number of hours worked. Exempt employees include executive, administrative, and professional employees, as well as outside salespersons and certain computer professionals. Non-exempt employees, on the other hand, are entitled to overtime pay and other benefits. These employees are usually hourly and are paid for the actual hours worked. Non-exempt employees include most employees who do not meet the criteria for exemption, such as clerical, technical, and manual workers.

Motorcycle Accidents in California: Understanding Your Rights as a Motorcyclist

California is known for its scenic roads and beautiful weather, making it a popular destination for motorcycle enthusiasts. However, with more motorcycles on the road comes an increase in motorcycle accidents. According to the California Office of Traffic Safety, there were 16,505 motorcycle accidents in California in 2018 alone. If you are a motorcyclist in California, it is important to understand your rights in the event of an accident. California Law and Motorcycle Accidents: Under California law, motorcyclists have the same rights and responsibilities as other drivers on the road. This means that they are entitled to the same protections and have the same duties, such as obeying traffic laws and signals. However, motorcyclists are also subject to specific laws and regulations that pertain only to them. For example, California law requires all motorcyclists to wear helmets that meet certain safety standards. In the event of an accident, California law allows injured motorcyclists t