California ABC Test Explained: Are Your Contractors Actually Employees?

California ABC Test Explained: Are Your Contractors Actually Employees? Did you know that misclassifying workers under the ABC test California courts now apply could cost your business up to $25,000 per violation? The ABC test has fundamentally changed how California determines whether a worker is an employee or an independent contractor. Since the landmark Dynamex…

Building Air-Tight Workplace Sexual Harassment Cases

California Sexual Harassment Litigation—What Wins in Court? Sexual harassment in California workplaces is primarily regulated not by the Labor Code but by the Fair Employment and Housing Act (FEHA) in the California Government Code—most centrally Gov. Code § 12940(j) (harassment) and § 12940(k) (duty to prevent harassment). The Labor Code still matters (especially for retaliation…

What is The California Civil Rights Department (CRD)?

California Civil Rights Department (CRD—Formerly the DFEH) The California Civil Rights Department (CRD) is the state agency charged with enforcing California's civil rights laws [1][2][2]. It protects Californians from unlawful discrimination in employment, housing, businesses, public accommodations, and state-funded programs, as well as from bias-motivated violence and human trafficking [1][2][3]. Formerly known as the Department…

Which California Labor Codes Govern Constructive Discharge Violations?

1. California Labor Code §2922 — At-Will Employment California presumes at-will employment under Labor Code §2922: either party may terminate at any time for a lawful reason. Constructive dismissal occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign, which can render the “quit” a wrongful termination. 2. FEHA…

What is the Freelance Worker Protection Act (FWPA)?

California’s Freelance Worker Protection Act (FWPA) The Freelance Worker Protection Act (FWPA) is a California law signed on September 30, 2024, that establishes minimum requirements for contracts between hiring parties and freelance workers, providing various protections for independent contractors . The act takes effect on January 1, 2025, and applies to contracts entered into or…

¿Tu Jefe No Paga Horas Extraordinarias? Conoce Tus Derechos en California

¿Tu Jefe No Paga Horas Extraordinarias? Seguir Leyendo.. ¿Trabajas más de 8 horas diarias o 40 horas semanales sin recibir compensación adicional por hora extraordinaria? Por ley, si eres un empleado no exento en California, tu empleador debe pagarte horas extras cuando trabajas más allá de tu jornada regular. Las horas extraordinarias no son un…

Understanding Hazard Pay in California

Understanding Hazard Pay in California: A Comprehensive Guide Hazard pay has emerged as a crucial topic in the realm of employment compensation, particularly in California, where the complexities of labor laws can be daunting for both employers and employees. This article aims to provide a thorough exploration of hazard pay, its definitions, regulations, and implications…