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Employment – Meal and Rest Breaks

California employees are entitled to meal and rest breaks by law. California employees are entitled to a meal break of at least 30 minutes within first five hours since the start of the day’s work. For example, if an employee starts his work at 8 o’clock in the morning, the employer must provide the employee a 30-minute meal break before 1...

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Employment – Overtime Rate of Pay

Q= What is "Overtime Rate of Pay?”   A= “Overtime Rate of Pay" is the rate at which an employer should pay his employee for the hours the employee worked over 8 hours a day or 40 hours a week.  Hours in excess of 8 hours per day or 40 hours per week are required to be paid at the rate of...

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Employment – Whistleblower Protection

Whistleblower Protection Law Whistleblower laws protect employees from being retaliated for reporting their employers’ violation of law or breach of public trust. For instance, if an employee was terminated from work for reporting his company’s misconduct of dumping waste into a local river, he can file a lawsuit against his employer. The law provides protection from retaliation to employees who notify of...

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Personal Injury – Dog Bite

What if you are bitten by a dog? In California, 38,000 people are bitten by dogs annually. If you are bitten by a dog, you can receive compensation from the owner of the dog. California Civil Code Section 3342 states that dog owners are solely responsible for damages if a victim's injury is due to a dog bite. If the victim...

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Personal Injury – Bicycle Accident

What if a bicycle accident happened? California has the most frequent bike-related traffic accidents in the nation, and Los Angeles is particularly dangerous for cyclists due to heavy traffic and careless drivers. Bicycle accidents often occur due to negligence of motorists. Especially nowadays, many drivers are distracted by text messages, meals or phone calls that increase the risk of accidents. Negligent drivers...

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Sexual Harassment in the Workplace and Legal Rights of Employees

1. What is the law on sexual harassment in the workplace?  Under Title VII of the Civil Rights Act of 1964 the Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual harassment is a form of sex discrimination and it includes offensive remarks...

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Employee Tip

Q: When I pay gratuities to my employees, for the amount of gratuities that is paid by credit card, can I deduct credit card processing fees? A: No, an employer cannot deduct credit card processing fees from the amount of gratuities that is paid by credit card to an employee. According to California Labor Code § 351, “an employer that permits...

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Q: How does the recent #MeToo movement affect employers, employees, and victims in the workplace? A: Due to the recent #MeToo movement, there has been heightened social attention towards sexual harassment issues in the workplace. The victims of sexual harassment have gained massive support to speak up against the harassers and the law is now headed into a new direction. Not...

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Troester v. Starbucks

Question: How should the small tasks before and after clocking in/out be accounted in hourly wages for hourly waged employees? Answer: Simply put, however simple the task, all tasks must be accounted for in the hourly wages for the employees. California Supreme Court heard and decided this issue in Troester v. Starbucks this past July 2018. The employees of a famous coffee...

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