201409.10
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Employers face penalties for intentionally misclassifying employees as independent contractors

California Labor Code Section 226.8 provides that employers can be penalized $5,000 to $25,000 “per violation” for intentionally misclassifying employees as independent contractors.  When employees are misclassified and employers do not provide wage deduction statements to the misclassified employee, then the employer will be subject to additional penalties under Labor Code section 226.3.  Section 226.3…

201409.03
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Employers Must Not Retaliate Against Employees or Applicants for Exercising Rights Under Labor Code

Effective January 1, 2014, California Labor Code Section 98.6 prohibits employers from retaliating or taking adverse action against any employee or applicant because the employee or applicant has exercised rights protected under the Labor Code. Employers who violate this new law are subject to a civil penalty of up to $10,000 per violation. Unless the…

201407.24
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Overtime Exemptions = Employer’s Burden of Proof

When litigating overtime claims, employers must assert any applicable exemptions as an affirmative defense, and the employer has the burden of proof to prove that the employee was exempt from being entitled to receive overtime pay: “[T]he assertion of an exemption from the overtime laws is considered to be  an affirmative defense, and therefore the…

201407.17
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Commission Agreements – Legal Requirements

Effective January 1, 2013, California Labor Code section 2751 requires the following: If an employer enters into a contract with its employee for services to be rendered and the method of payment involves commissions, the contract shall: (1)   be in writing, and (2)   set forth a method by which the commissions shall be computed and…

201407.16
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Immigration Status and Employment Law Claims (Salas v. Sierra Chemical Co.)

The California Supreme Court decided Salas v. Sierra Chemical Co., affirming that undocumented immigrants are still afforded the protections of California employment law. The Court held that undocumented employees are entitled to pursue FEHA claims for retaliation and discrimination against their employers. The Supreme Court reasoned that preventing undocumented employees from seeking remedies when they…

201407.10
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Minimum Wage Increases

On September 25, 2013, Governor Brown signed legislation which will increase California’s minimum wage for the first time since 2008. Starting July 1, 2014, the minimum wage will increase from $8.00 per hour to $9.00 per hour. On January 1, 2016, the minimum wage will increase to $10.00 per hour.

201407.10
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Overtime Pay for Personal Attendants

Overtime for Nannies, Caregivers, and Other Personal Attendants Starting January 1, 2014, nannies, caregivers, and other “personal attendants” working in private homes in California will be entitled to overtime pay. The Domestic Worker Bill of Rights was signed into law by Governor Jerry Brown on September 26, 2013, and requires domestic employees who are “personal…

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San Diego Employment Lawyer

Jason Rodenbo represents both employees and employers in a wide array of Employment Law matters EMPLOYEES: As an employment law attorney Mr. Rodenbo has successfully fought Fortune 500 companies and large corporations to secure just compensation for his employment law clients who have been victims of harassment, discrimination, wrongful termination or victimized by unlawful employment…