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Are Employers Required to Give Holiday Pay or Paid Holidays? (2018)

By Eugene Lee | 10 Comments

When it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are: New Year’s Day Memorial Day Easter Independence Day (4th of July)…

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Final Paychecks – When Are They Due? (2018)

By Eugene Lee | 14 Comments

A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck?” The answer is: it depends. If you were fired or laid off If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have…

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“Sharp” Defense Lawyers Smacked Down by Appeals Court

By Eugene Lee | 0 Comments

Ever wonder what would happen if a lawyer tried to “pull a fast one” on a trial court judge? Wonder no more. In Francisco Diaz v Prof. Community Mgt., Inc., a case decided in October 2017 by the Fourth Appellate District Court of Appeals, an appeals court considered the case of two unscrupulous lawyers who…

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Can Employers Require Employees to Remain on Premises? (2018)

By Eugene Lee | 20 Comments

A reader of this blog recently asked an intriguing question: “Your boss may require you to remain on work premises during your rest break.: Is this still true after the recent California Supreme Court decision? I believe the reader was referring to Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257 (2016). That decision…

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What Break Periods Am I Entitled To? (2018)

By Eugene Lee | 1,667 Comments

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements…

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California Supremes Limit Arbitration Waivers

By Eugene Lee | 0 Comments

The key excerpt from this latest ruling from the California Supreme Court, McGill v Citybank, says it all: In previous decisions, this court has said that the statutory remedies available for a violation of the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200…

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My Boss 1099s Me, Am I Really an Independent Contractor? (2018)

By Eugene Lee | 19 Comments

If your boss gives you a 1099 tax form each year, does that mean you are an independent contractor? What if you signed an independent contractor agreement? What if you submit invoices to your boss to be paid? The answer may surprise you. Share this post: on Twitter on Facebook on Google+ on LinkedIn

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Can My Boss Fire Me at Any Time for Any Reason? What is “at will”? (2018)

By Eugene Lee | 165 Comments

“At-Will”. California is an “at-will” employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she Share this post: on Twitter on Facebook on Google+ on LinkedIn

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What Happens to Huge Verdicts AFTER the Headlines

By Eugene Lee | 0 Comments

Multi-million dollar verdicts routinely headline the news. But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. More often than not, those verdicts get cut down to size or get lost in a perfect storm of appeals. In Stevens v. Vons Companies, a…

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Largest Sexual Harassment Verdict in History – $168 Million

By Eugene Lee | 1 Comment

A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery physician assistant who was educated at UCLA and Yale, allegedly for failing to show up for an on-call shift…

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