The way your employer classifies you affects their obligations and your rights. As an employee, you have the protection of certain laws and specific workplace programs, like workers' compensation and unemployment insurance. As an independent contractor, you are...
Employment Law
3 ways employers retaliate against those who report safety issues
Workers in the United States have protection from both federal and state laws. You have the right to a harassment and discrimination-free workplace. You should be able to trust that your employer complies with best practices regarding workplace safety. You should not...
Does receiving a salary make you exempt from overtime pay?
Earning a salary is a career goal for many people. A salaried position is likely a more stable one that the company intends to retain permanently, as opposed to hourly, seasonal positions that may only last for a few months. Salaried workers often receive benefits,...
At-will employment laws do not protect employers from wrongful termination
As a general rule, at-will employment means that the working relationship is being maintained due to the will of both parties. One party is the employer and the other is the employee. If either one of them decides that they would like to end that relationship, they...
Can an employer fire you for being pregnant?
If you get pregnant, you may be wondering what your rights are. Fortunately, you do have excellent rights thanks to the Pregnancy Discrimination Act. Since this act was enacted, it has been a law that employers may not discriminate against workers due to pregnancy,...
3 ways your employer could unfairly deny you overtime pay
Federal law and California state laws support the right of workers to receive overtime compensation. Federal law requires that companies pay workers at least 150% of their average hourly wage if they work more than 40 hours in a given workweek. California expands on...
Have you been placed on a Performance Improvement Plan?
A Performance Improvement Plan is a formal document that tells you what kinds of deficiencies you have as an employee. This plan also includes steps for you to take to turn those performance issues around, so that you may keep your position at the company without...
What is an independent contractor vs an employee in California?
As a worker, it’s important for you to be classified correctly. You want to make sure that you are either an employee or independent contractor. What’s the difference? At the core, an independent contractor is contracted in to perform a job according to set terms....
Can you be fired for reporting sexual harassment?
One of the main reasons that employees note for failing to report sexual harassment is that they were afraid they would lose their jobs. They wanted the harassment to stop, of course, but they were not willing to risk a paycheck or a career. For instance, say that...
Understanding whether you are a victim of wrongful termination
Being terminated from your job unexpectedly is a terrible thing to go through. Not only will you be feeling shocked and upset that this happened so suddenly, but you'll also likely be wondering why exactly you were fired. If you are employed at-will, your employer...
