Stonebrook Law

An employment contract may be formed when the parties involved agree upon the terms and conditions of employment. A contract may be express or implied, oral or written. An express employment contract is one in which the terms and conditions are explicitly stated. It can be either in writing or created orally. This type of contract may be negotiated and agreed upon by both the employer and the employee before starting employment. Express contracts may include details such as the employee's job duties, compensation, benefits, and termination provisions. The parties should have a clear, full understanding of their agreed-upon terms to prevent disputes and misunderstandings and provide a framework for resolving any disputes that may arise.

California law imposes certain requirements on employment contracts. If you have any concerns regarding your employment contract, do not hesitate to seek legal advice. Contact our top-rated California employment lawyer for a free and confidential case review today!

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An employment contract may be formed when the parties involved agree upon the terms and conditions of employment. A contract may be express or implied, oral or written. An express employment contract is one in which the terms and conditions are explicitly stated. It can be either in writing or created orally. This type of contract may be negotiated and agreed upon by both the employer and the employee before starting employment. Express contracts may include details such as the employee's job duties, compensation, benefits, and termination provisions. The parties should have a clear, full understanding of their agreed-upon terms to prevent disputes and misunderstandings and provide a framework for resolving any disputes that may arise.

California law imposes certain requirements on employment contracts. If you have any concerns regarding your employment contract, do not hesitate to seek legal advice. Contact our top-rated California employment lawyer for a free and confidential case review today!

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In California, employees are generally classified as either exempt or non-exempt. Non-exempt employees are entitled to meal breaks, rest breaks, and overtime pay. Exempt employees, on the other hand, generally receive a fixed salary and do not track their hours, which means they are not entitled to overtime pay. Exempt employees may also not be eligible for meal or rest breaks. To qualify under a white-collar exemption, an employee must be able to meet, among others, all of the following requirements*:

• The employee must be paid a salary that is at least twice the state minimum wage for full-time employment; and
• The employee's work must be primarily "executive" (policy-making), "administrative" (managerial), or "professional or artistic" (licensed, learned, or creative); and
• The employee must customarily and regularly exercise discretion and independent judgment.

*Software engineers, physicians, private school teachers, and commissioned salespersons, among others, may also be exempt from overtime and/or breaks if they meet certain criteria.

Many employers illegally misclassify their employees to avoid providing them with meal and rest periods and/or paying for all hours worked and overtime wages. If you are being paid a salary and suspect you are being misclassified, contact our top-rated Fresno employment lawyer for a free and confidential case review. Call our office today!

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In California, employees are generally classified as either exempt or non-exempt. Non-exempt employees are entitled to meal breaks, rest breaks, and overtime pay. Exempt employees, on the other hand, generally receive a fixed salary and do not track their hours, which means they are not entitled to overtime pay. Exempt employees may also not be eligible for meal or rest breaks. To qualify under a white-collar exemption, an employee must be able to meet, among others, all of the following requirements*:

• The employee must be paid a salary that is at least twice the state minimum wage for full-time employment; and
• The employee's work must be primarily "executive" (policy-making), "administrative" (managerial), or "professional or artistic" (licensed, learned, or creative); and
• The employee must customarily and regularly exercise discretion and independent judgment.

*Software engineers, physicians, private school teachers, and commissioned salespersons, among others, may also be exempt from overtime and/or breaks if they meet certain criteria.

Many employers illegally misclassify their employees to avoid providing them with meal and rest periods and/or paying for all hours worked and overtime wages. If you are being paid a salary and suspect you are being misclassified, contact our top-rated California employment lawyer for a free and confidential case review. Call our office today!

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California Labor Code Section 226 requires employers to provide employees with accurate and timely wage statements (or pay stubs) that include all of the following:*

• The employer's legal name;
• The employer's address;
• The employee's name;
• The last four digits of the employee's social security number only or, in its place, an employee identification number;
• The start date of the pay period;
• The end date of the pay period;
• Each rate applicable during the pay period, including regular rate, overtime, double time, bonuses, tips, etc. (for piece rate workers, including applicable per-unit rates);
• The hours (or piece-rate units) the employee worked at each rate;
• Total hours the employee worked;
• Gross wages earned;
• Itemized deductions from wages (taxes, social security, insurance, garnishments, etc.); and
• Net wages earned;

*Requirements may differ for exempt employees, temps, salespersons, and workers in certain industries.

An employer who fails to provide accurate wage statements may have to pay its employees penalties. The employer may be liable for $50 for the first pay period in violation and $100 for each subsequent violation (capped at $4,000). In addition, the employee may also recover costs and reasonable attorney's fees.

If you believe your employer is not providing accurate wage statements, contact our experienced Fresno employment lawyer for a free and confidential case review. Call our office today!

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California Labor Code Section 226 requires employers to provide employees with accurate and timely wage statements (or pay stubs) that include all of the following:*

• The employer's legal name;
• The employer's address;
• The employee's name;
• The last four digits of the employee's social security number only or, in its place, an employee identification number;
• The start date of the pay period;
• The end date of the pay period;
• Each rate applicable during the pay period, including regular rate, overtime, double time, bonuses, tips, etc. (for piece rate workers, including applicable per-unit rates);
• The hours (or piece-rate units) the employee worked at each rate;
• Total hours the employee worked;
• Gross wages earned;
• Itemized deductions from wages (taxes, social security, insurance, garnishments, etc.); and
• Net wages earned;

*Requirements may differ for exempt employees, temps, salespersons, and workers in certain industries.

An employer who fails to provide accurate wage statements may have to pay its employees penalties. The employer may be liable for $50 for the first pay period in violation and $100 for each subsequent violation (capped at $4,000). In addition, the employee may also recover costs and reasonable attorney's fees.

If you believe your employer is not providing accurate wage statements, contact our experienced California employment lawyer for a free and confidential case review. Call our office today!

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A 2017 Economic Policy Institute (EPI) study shows California workers lose almost $2 billion yearly in minimum wages alone. In 2021, the EPI reported that the state and attorney general were able to recover $220 million in stolen wages between 2017 and 2020. However, this amount makes up only a fraction of wages stolen from workers. Despite the prevalence of wage theft, many employees choose not to pursue legal action.

According to the Economic Policy Institute, "Wage theft occurs any time employees do not receive wages to which they are legally entitled for their labor." Wage theft comes in many forms, including, but not limited to, employers paying employees less than the minimum wage, failing to pay non-exempt employees overtime for working more than 40 hours a week, misclassifying employees as exempt or independent contractors, and not providing legally required meal and rest breaks.

If you believe you have been a victim of wage theft, don't hesitate to take action. Our experienced Fresno employment lawyer has recovered millions for employees throughout California. Contact our office for a free and comprehensive intake and start getting those wages back.

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A 2017 Economic Policy Institute (EPI) study shows California workers lose almost $2 billion yearly in minimum wages alone. In 2021, the EPI reported that the state and attorney general were able to recover $220 million in stolen wages between 2017 and 2020. However, this amount makes up only a fraction of wages stolen from workers. Despite the prevalence of wage theft, many employees choose not to pursue legal action.

According to the Economic Policy Institute, "Wage theft occurs any time employees do not receive wages to which they are legally entitled for their labor." Wage theft comes in many forms, including, but not limited to, employers paying employees less than the minimum wage, failing to pay non-exempt employees overtime for working more than 40 hours a week, misclassifying employees as exempt or independent contractors, and not providing legally required meal and rest breaks.

If you believe you have been a victim of wage theft, don't hesitate to take action. Our experienced California employment lawyer has recovered millions for employees throughout California. Contact our office for a free and comprehensive intake and start getting those wages back.

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Respondeat superior (n.) Let the boss answer. Refers to how an employer has accountability for certain actions of its employees when they occur during and as part of employment.

When damages are caused by an employee, especially if done to meet the job's goals or requirements, the employer may to an extent liable. If one of your coworkers or supervisors caused you harm in the workplace, your employer may be liable under the respondeat superior theory. Contact us for a free and confidential case review from a licensed Fresno employment lawyer.

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Respondeat superior (n.) Let the boss answer. Refers to how an employer has accountability for certain actions of its employees when they occur during and as part of employment.

When damages are caused by an employee, especially if done to meet the job's goals or requirements, the employer may to an extent liable. If one of your coworkers or supervisors caused you harm in the workplace, your employer may be liable under the respondeat superior theory. Contact us for a free and confidential case review from a licensed California employment lawyer.

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In California, there are legal protections in place regarding wage disclosure. The California Equal Pay Act encourages wage transparency within the workplace and makes it more difficult for employers to give employees unequal pay based on s*x, race, or ethnicity. Among other things, it is illegal for employers to prohibit employees from disclosing their wages. It is also illegal for employers to discriminate against, discipline, or discharge employees for discussing their wages with other employees.

If you have been terminated or retaliated against by your employer for discussing your wages, call our top-rated Fresno employment lawyer today to get a free case review.

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In California, there are legal protections in place regarding wage disclosure. The California Equal Pay Act encourages wage transparency within the workplace and makes it more difficult for employers to give employees unequal pay based on s*x, race, or ethnicity. Among other things, it is illegal for employers to prohibit employees from disclosing their wages. It is also illegal for employers to discriminate against, discipline, or discharge employees for discussing their wages with other employees.

If you have been terminated or retaliated against by your employer for discussing your wages, call our top-rated California employment lawyer today to get a free case review.

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In general, employers must provide their non-exempt California employees with proper meal periods that are at least 30 minutes long. The meal break is unpaid and must be uninterrupted. Employees must be free of all work duties and able to leave the premises. In most cases, employees must log the actual times they took their breaks.

The number of meal breaks an employee is entitled to depends on the hours that they work:
• Employees who work more than 5 hours a day must take 1 meal break before the start of the fifth hour of their shift. If they work only 6 hours or less, they may choose to waive their meal break.
• Employees who work more than 10 hours a day must receive 2 meal breaks: one before their fifth hour and one before their tenth hour. If they work only 12 hours or less, they may choose to waive their second meal break only.

If an employer fails to provide its employees with their required meal periods, it must pay them one extra hour per day (not per meal break) at their employees' regular hourly rate.

In cases where the work prevents the employee from being relieved of all duty and requires the employee to remain on-site, an employee may take paid on-duty meal breaks. Both the employer and employee must sign an agreement for these on-duty meal breaks and the employee must be able to revoke the agreement at any time.

California meal break laws may be different for employees in certain industries, including healthcare, construction, and agriculture. Commercial drivers and ambulance personnel also have different meal break requirements. Certain union members and exempt employees may not be covered as well.

If you believe you are being denied proper meal breaks, consult an experienced employment lawyer. Contact our Fresno employment lawyer today for a free and confidential case review.

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In general, employers must provide their non-exempt California employees with proper meal periods that are at least 30 minutes long. The meal break is unpaid and must be uninterrupted. Employees must be free of all work duties and able to leave the premises. In most cases, employees must log the actual times they took their breaks.

The number of meal breaks an employee is entitled to depends on the hours that they work:
• Employees who work more than 5 hours a day must take 1 meal break before the start of the fifth hour of their shift. If they work only 6 hours or less, they may choose to waive their meal break.
• Employees who work more than 10 hours a day must receive 2 meal breaks: one before their fifth hour and one before their tenth hour. If they work only 12 hours or less, they may choose to waive their second meal break only.

If an employer fails to provide its employees with their required meal periods, it must pay them one extra hour per day (not per meal break) at their employees' regular hourly rate.

In cases where the work prevents the employee from being relieved of all duty and requires the employee to remain on-site, an employee may take paid on-duty meal breaks. Both the employer and employee must sign an agreement for these on-duty meal breaks and the employee must be able to revoke the agreement at any time.

California meal break laws may be different for employees in certain industries, including healthcare, construction, and agriculture. Commercial drivers and ambulance personnel also have different meal break requirements. Certain union members and exempt employees may not be covered as well.

If you believe you are being denied proper meal breaks, consult an experienced employment lawyer. Contact our California employment lawyer today for a free and confidential case review.

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No. It is illegal for an employer in California to require a job applicant to attach a photo to a job application. Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating against job applicants based on their race, gender, age, national origin, s*xual orientation, religion, disability, marital status, and pregnancy. Requiring a photo as part of a job application opens up the possibility for employers to unfairly discriminate against applicants based on their physical appearance or other personal characteristics that have no relevance to their ability to perform the job. This can prevent qualified candidates from being considered for the job solely based on discriminatory reasons.

However, there are some exceptions to this rule. In certain industries, such as modeling or acting, employers may require photos as a legitimate job requirement. It is also acceptable for employers to request a photograph of an applicant after an offer for employment has been made and accepted.

If you believe that you are being discriminated against or treated unfairly in the job application process, do not hesitate to seek legal representation. Our top-rated Fresno labor and employment lawyer provides free and confidential case reviews. Call our office today!

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No. It is illegal for an employer in California to require a job applicant to attach a photo to a job application. Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating against job applicants based on their race, gender, age, national origin, s*xual orientation, religion, disability, marital status, and pregnancy. Requiring a photo as part of a job application opens up the possibility for employers to unfairly discriminate against applicants based on their physical appearance or other personal characteristics that have no relevance to their ability to perform the job. This can prevent qualified candidates from being considered for the job solely based on discriminatory reasons.

However, there are some exceptions to this rule. In certain industries, such as modeling or acting, employers may require photos as a legitimate job requirement. It is also acceptable for employers to request a photograph of an applicant after an offer for employment has been made and accepted.

If you believe that you are being discriminated against or treated unfairly in the job application process, do not hesitate to seek legal representation. Our top-rated California labor and employment lawyer provides free and confidential case reviews. Call our office today!

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California employment laws prohibit employers from asking about an applicant's past or current salary, including information on compensation and benefits. Applicants, however, may voluntarily disclose their salary history to a prospective employer. The employer may then consider or rely on that voluntarily disclosed salary history information to determine what salary to offer an applicant.

An applicant may be able to file a complaint with the Labor Commissioner if a prospective employer violates California employment law by inquiring about the applicant's salary history. If your California employment rights were violated, do not hesitate to contact our lawyer.

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Can I get fired for exercising my labor rights?

No. Although California is an "at-will" state, which means both the employer and employee can generally terminate the employment relationship at any time, there are important exceptions. An employer cannot fire an employee for exercising certain labor rights, such as taking lactation breaks, complaining about unsafe work conditions, applying for medical leave, etc. If you believe you were unlawfully fired, call our Fresno employment lawyer today and get a free case review.

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Can I get fired for exercising my labor rights?

No. Although California is an "at-will" state, which means both the employer and employee can generally terminate the employment relationship at any time, there are important exceptions. An employer cannot fire an employee for exercising certain labor rights, such as taking lactation breaks, complaining about unsafe work conditions, applying for medical leave, etc. If you believe you were unlawfully fired, call our California employment lawyer today and get a free case review.

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Under California law, employers must pay employees their final wages immediately upon termination or within 72 hours of resignation. When an employer intentionally fails to pay on time, they are liable to pay a waiting time penalty. The penalty is calculated by multiplying the daily rate by the number of days the employee was not paid, for up to 30 days maximum. Our licensed Los Angeles employment attorney can review your case for free and determine whether you are entitled to waiting time penalties. Send us a message on our website (laborlawfirm.com).

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