Corren & Corren Legal Resources and News

Resources and information provided by the Stockton Attorneys of Corren & Corren, emphasizing Employment, Personal Injury, and Civil Litigation.

CA Labor Commissioner Claims Process & Procedures

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California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claims involve issues such as an employer’s alleged failure to pay legally required wages, meal and rest break requirements, and reimbursement of employment related expense matters.

An employment relationship needs to exist for the Labor Commissioner to have jurisdiction of the claim. Independent contractor claims and/or other purely contractual relationship claims not based in an employment context, are not claims which typically can be adjudicated by the Labor Commissioner. However, employees who claim to have been misclassified as an independent contractor can file a claim with the Labor Commissioner.

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2020 Employment Law Update

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Here are some of the most significant employment law updates in the last year.

Minimum Wage
The minimum wage for all California employees has increased. For employers with 26 or more employees, it has increased to $13 per hour. For 25 or less, it has increased to $12 per hour. This also means that the minimum annual salary for certain exempt employees has increased to $54,080 and $49,920, respectively.

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Employment Law Update 2019

year-end

Here are the most significant employment law updates in the last year.

New Employment Test – Dynamex Case

One of the most important updates in the law came as a result of the California Supreme Court’s decision in the case entitled Dynamex v. Superior Court. In that case, the Court established a new test for determining whether a worker is an employee versus an independent contractor, which the Court referred to as the ABC test.

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California Employment Law Update 2018

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Minimum Wage

Effective January 1, 2018, the minimum wage has increased for all employers regardless of size. For employers with 25 of fewer employees, the minimum wage increased from $10.00 per hour to $10.50 per hour. For employers with 26 or more employees, the minimum wage increased from $10.50 per hour to $11.00 per hour.

This not only affects hourly employees, but salaried employees as well. To qualify for most overtime exemptions, salaried employees must be paid at least two times the minimum wage for full time employment, meaning a yearly salary of at least $43,680.00 for small employers and $45,760.00 for larger employers.

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My Boss is a Jerk! But is it Illegal?

boss-yelling

So, your superior at work treats you horribly.  If this is you, I am sure some of the following thoughts have crossed your mind: “Something isn’t right about this.  This seems wrong.  Shouldn’t this be illegal?” 

This article is inspired by the numerous calls we receive regarding this very issue.  The start of the typical call goes something like this: “My boss is harassing and discriminating against me.”  To some callers’ surprise, the question that follows is “Why do you think your boss is harassing or discriminating against you?” This question is extremely important because the answer will determine whether or not the superior’s conduct might be illegal.  While some employees might believe a bad boss, a rude supervisor, or a yelling manager constitutes illegal harassment or discrimination, the reality is that such conduct is usually only illegal if motivated by a limited and specific set of reasons.

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California’s New Minimum Wage Law – What You Should Know

California’s New Minimum Wage Law – What You Should Know

On April 4, 2016, Governor Brown signed into law Senate Bill 3, which steadily increases the minimum wage over the next several years until it reaches $15 per hour (unless the increases are suspended in any year due to certain economic conditions).  Departing from previous practice, the new law provides for a different timetable for the minimum wage increases depending on the number of employees an employer has.  

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Latest Posts

05 May 2020
Resources
California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claim...
25 March 2020
News
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with expanded family and medical leave for specified reasons related to COVID-19.[1] Th...
04 February 2020
News
Here are some of the most significant employment law updates in the last year. Minimum WageThe minimum wage for all California employees has increased. For employers with 26 or more employees, it has ...