The Legal Juice

In California, labor laws protect employees from discrimination and retaliation for engaging in certain activities, known as protected activities. Understanding these protected activities is crucial for both employers and employees to ensure compliance with the law and maintain a fair and respectful work environment. Protected Categories California labor laws prohibit discrimination based on several protected categories, including: Race and Ethnicity : It is illegal to discriminate against employees based on their race, color, or national origin. Gender and Sexual Orientation : Discrimination based on gender, gender identity, gender expression, or sexual orientation is prohibited. Age : California law protects individuals who are 40 years of age or older from age-based discrimination. Disability : Employers are required to provide reasonable accommodations to employees with disabilities and are prohibited from discriminating against them. Religion : Discrimination based on an individua...

In recent years, the legalization of marijuana for recreational use in California has led to significant legal developments regarding the rights of employees who use the substance. The enactment of Assembly Bill 2188 (AB 2188) and Senate Bill (SB) No. 700 has brought about essential changes in the state's Fair Employment and Housing Act, impacting employers and employees in relation to marijuana use and drug testing. Off-Duty Marijuana Usage Protection AB 2188, which took effect on January 1, 2024, amended California’s Fair Employment and Housing Act to protect employees’ off-duty, off-site cannabis use. It prohibits employers from discriminating against employees for off-duty use, with certain exceptions. This amendment offers crucial protections to employees who engage in off-duty marijuana use, safeguarding them from adverse employment actions solely based on their cannabis consumption outside of work hours. Exceptions to Off-Duty Marijuana Usage Protection: - The protection doe...

Job interviews play a crucial role in the hiring process, but it's important to be aware of the questions that are prohibited in California to ensure fair and non-discriminatory practices. California has robust laws in place to protect job candidates from discrimination and ensure equal employment opportunities. Let's explore the questions that are prohibited in California job interviews to promote a more inclusive and equitable hiring process. The California Fair Employment and Housing Act (FEHA) The California Fair Employment and Housing Act (FEHA) prohibits employers from engaging in discriminatory practices during the hiring process. FEHA protects individuals from discrimination based on various characteristics, such as: - Race - Color - Religion - Sex - Gender - Gender identity - Gender expression - Sexual orientation - Marital status - Age - National origin - Ancestry - Disability - Medical condition - Genetic information - Citizenship - Military and veteran status Prohib...

  As an hourly employee in California, you may wonder if your employer is required to give you a raise. California labor laws provide specific guidelines regarding wages and raises for hourly employees. Let's dive into this important topic to understand the rights and obligations of both employees and employers in the Golden State. Hourly Employees in California Hourly employees in California are typically non-exempt employees who are entitled to the state's minimum wage and overtime pay as per the California Labor Code. The current minimum wage in California varies based on the size of the employer and is subject to periodic increases. California Labor Laws on Raises for Hourly Employees At-Will Employment California follows the doctrine of "at-will" employment, which means that in the absence of an employment contract or collective bargaining agreement specifying the terms of employment, employers generally have the right to change an employee's compensation, in...

California is known for its progressive employment laws, particularly in the area of wage and hour regulations. Employers in California are required to adhere to stringent wage and hour laws to ensure fair treatment of employees. Understanding these laws is crucial for both employers and employees to maintain compliance and protect their rights. In this blog, we will explore some key aspects of wage and hour laws in California. Minimum Wage Requirements California has established minimum wage requirements that exceed the federal minimum wage. As of January 1, 2021, the minimum wage in California is $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees. It's essential for employers to stay updated on any changes to minimum wage rates to avoid non-compliance. Overtime Pay California law mandates that non-exempt employees are entitled to overtime pay for hours worked beyond 8 hours in a workday or 40 hours in a workweek. Overtim...

Starting a new job can be an exciting and busy time, but it's crucial to take the time to review the documents provided by your employer, especially when they contain an arbitration agreement. In California, understanding the implications of such agreements is essential, as they can impact your rights as an employee. Let's delve into the significance of thoroughly reviewing these documents in accordance with California labor laws. Importance of Reviewing Employment Documents When embarking on a new job, the paperwork provided by the employer often includes various contracts, policies, and agreements. Taking the time to carefully review these documents is essential for several reasons: 1. Understanding Your Rights and Obligations: Employment documents outline the terms and conditions of your employment, including compensation, benefits, and expectations. Reviewing these documents ensures that you understand your rights and obligations as an employee. 2. Legal Protections : By r...

Filing a workers' compensation claim is often a necessary step for employees who have been injured on the job. However, some employees may fear retaliation from their employers for filing such a claim. In California, there are specific laws in place to protect employees from retaliation in the workplace after filing a workers' comp claim. Understanding Retaliation in the Workplace Retaliation in the workplace can take various forms, including termination, demotion, reduction in pay, or hostile behavior from supervisors or coworkers. It is illegal for employers to retaliate against employees for exercising their rights under workers' compensation laws. Protections Under California Law In California, employees are protected from retaliation for filing a workers' compensation claim under Labor Code 132a. This law prohibits employers from discriminating or retaliating against employees who have filed or intend to file a workers' compensation claim, testified in a worker...

In today's diverse workforce, it is important to understand that an employee's immigration status should never be an obstacle to seeking justice. Regardless of their citizenship or immigration status, employees are entitled to certain rights and protections under federal and state laws. This blog aims to shed light on how an employee's immigration status does not hinder them from bringing wage and hour claims against their employer. 1. The Fair Labor Standards Act (FLSA) Protects All Workers: According to the Fair Labor Standards Act (FLSA), undocumented workers have the same basic employment rights as other workers. This means that they are entitled to receive minimum wage and overtime pay. Regardless of their immigration status, employees have the right to fair compensation for their work. 2. National Labor Relations Act (NLRA) Safeguards Undocumented Workers: The National Labor Relations Act (NLRA) ensures that undocumented workers have the right to join labor organizati...

California labor law provides guidelines and regulations to ensure fair compensation for employees. One aspect that often raises questions is the practice of rounding time in the workplace. In this blog, we will delve into the concept of rounding time under California labor law and provide a clear understanding of its implications for both employers and employees. 1. What is rounding time? Rounding time refers to the practice of adjusting an employee's recorded work hours to the nearest increment, typically the nearest quarter-hour. This practice is allowed under the Fair Labor Standards Act (FLSA) as long as it does not consistently result in the underpayment of wages. 2. Rounding time and the FLSA: Under the FLSA, employers can round employee time to the nearest quarter-hour, but rounding down consistently is considered a violation. Employers must ensure that rounding does not consistently benefit the employer at the expense of the employee. 3. Rounding time and California labor ...