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So far joshjacoby has created 13 blog entries.

Employees are Misclassified as Independent Contractors

2018-09-26T16:00:47+00:00 September 25th, 2018|Wage and Hour|

Important Changes in Determining Whether Employees are Misclassified as Independent Contractors For years, the question of whether a worker was improperly classified as an independent contractor was determined by looking at the “Borello Factors”. The Borello test looked at characteristics of the relationship such as the right to discharge at will, and without cause; whether [...]

My employer is asking me to break the law or commit a crime. What do I do?

2018-09-19T17:14:59+00:00 September 12th, 2018|Arbitration|

My Employer Is Asking Me To Break The Law Or Commit A Crime. What Do I Do? Many employers break the law. Rather than play by the rules, they choose to cheat to gain an advantage over their competitors. Common examples of are: Violating OSHA health and safety regulations; California and Federal Wage law violations; [...]

New Minimum Wages For California Employees

2018-09-24T16:08:04+00:00 August 23rd, 2018|Wage and Hour|

There has been a lot of talk lately about minimum wages going up for California employees. As of January 1st of 2018, employers with 26 or more employees are to pay their employees $11 per hour, and employers with 25 or less employees are to pay a minimum of $10.50 per hour. The minimum wage [...]

How Late Is Too Late To Receive Your Paycheck?

2018-08-23T19:58:59+00:00 August 17th, 2018|Wage and Hour|

Employees can expect their paychecks on days designated by the employer with certain limits. An employee’s paydays are required to be posted by the employer in a notice that tells their employees the days, time, and location they are to expect payment for their work. In California, the various labor laws state how often an [...]

Is being paid cash worth it?

2018-08-09T23:25:23+00:00 August 9th, 2018|Wage and Hour|

It’s not illegal to pay your employees cash in California, but not keeping accurate records on how much you paid them and not paying the required payroll taxes are. There is a difference between paying an employee cash versus paying one “under the table”. If accurate records are kept, and all payroll taxes are paid, [...]

Employers Can’t Ask Prior Salary Information

2018-01-29T17:11:23+00:00 January 29th, 2018|Wage and Hour|

A new bill aimed at reducing the gender pay gap that has affected millions of women throughout the country has gone into effect. Governor Jerry Brown was in Sacramento to sign the Salary Privacy Bill at a local non-profit called Women’s Empowerment that assists women that are homeless. Following Massachusetts, Delaware, and Oregon, California is [...]

Is “Comp Time” or Banked Time Legal?

2018-01-15T20:12:57+00:00 January 15th, 2018|Wage and Hour|

There are a number of employers that offer compensation time (“comp” time) or offer to “bank” your overtime hours so you can take an extra day off later down the line. It is generally legal in California for an employer to pay comp time, subject to certain limits. However, not all employers are doing [...]

New California Parental Leave Act

2017-12-14T17:06:44+00:00 December 14th, 2017|General Labor Law|

If you’re thinking about taking parental leave from work, how much time are you allowed to take? Recent additions to the California Family Rights Act could now make you eligible for up to 12 weeks of unpaid protected leave. Upon the employee’s request, the New Parent Leave Act (SB 63) would make it unlawful for [...]

Can Employers Require On-Duty or On-Call Rest Periods?

2017-12-13T21:46:27+00:00 December 13th, 2017|Wage and Hour|

California’s Industrial Welfare Commission Wage Orders require employers provide paid rest periods at the rate of ten (10) minutes for every four (4) hours worked, or major fraction thereof. The Labor Code Section 226.7 provides that if an employer fails to provide the rest periods, the employer must pay an additional hour of pay for [...]

Law Changes for Conviction Disclosure on Employment Applications

2017-12-13T21:46:27+00:00 December 11th, 2017|General Labor Law|

California has joined many other states with a “Ban the Box” law aimed at increasing the chances of getting a job by about seven million California adults with arrests or convictions. Adults with criminal convictions and arrests frequently have trouble finding employment because of an arrest or conviction. Many experts believe being employed strengthens community [...]

When a colleague makes more money than you do

2017-12-13T21:46:27+00:00 June 6th, 2017|Wage and Hour|

Salaries and compensation are usually kept confidential at a private company. Unlike public or government employees, whose pay is often public record, the wages people earn are something nobody talks about. It seems intrusive, and uncomfortable. But in some cases, information is leaked even just standing around the water cooler. It wouldn’t be unheard of [...]

As if job interviews weren’t stressful enough: What a prospective employer can and cannot ask you under law

2017-12-13T21:46:27+00:00 June 6th, 2017|General Labor Law|

You did it. Finally, that coveted job interview you’ve been waiting for comes to fruition. You do your research, practice answers to typical interview questions and bought a new suit. You’re going to nail it. But then, what starts out as a great interview turns uncomfortable. The person you meet with begins by asking you [...]

California’s minimum wage increases: What you should know

2017-12-13T21:46:27+00:00 June 2nd, 2017|Wage and Hour|

Last March, the California Legislature approved a plan to raise the state’s minimum wage to $15 per hour by January 1, 2022. The move made the state the first in the country to significantly boost its pay and encouraged others to follow suit. Under the deal, crafted by lawmakers and labor leaders, California’s $10 minimum [...]