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employee rights Archives

FLSA determines exemption from overtime pay, not job labels

Most California companies must follow the Fair Labor Standards Act when designating employees as exempt or nonexempt. Labeling a worker as a manager is not sufficient to meet the laws that govern whether a person receives overtime pay. Rules guiding these designations vary by industry, but the duties of the employee actually determine job classification instead of an employer's arbitrary decision or belief.

Federal appeals court rules on FLSA professional exemption

The Fair Labor Standards Act requires employers in California and around the country to pay their workers overtime when they work more than 40 hours during a workweek, but employees who perform bona fide administrative, executive or professional duties are not covered by the landmark 1938 federal law. The statute does not clearly define what makes a position a white-collar job, and the courts have generally ruled that workers are covered by the FLSA unless their duties plainly and unmistakably fall within the exemption.

Manager's statements can affect an employee's ACA claim.

Employees of Dave & Buster's successfully sued the chain for intentionally cutting hours to avoid the Affordable Care Act health insurance mandate. In the lawsuit, they used an unusual approach to advance their argument. Because it may be the first successful suit of its kind, its effect could be felt in California and elsewhere around the country.

With the #metoo campaign, what about workplace harassment?

Many Californians have been the victims of sexual harassment, and some may have participated in the online #metoo campaign. As stories abound in the media about powerful figures being accused of sexually harassing and assaulting women, some victims might wonder what they can do if they are being harassed at their jobs.

Handling sexual harassment at work: What to do

Workplace sexual harassment is a prohibited form of sex discrimination under both California and federal law. Despite the prohibitions against it, sexual harassment remains as a pervasive problem. People who are the victims may also not know what they can do when they are being harassed.

Employee rights remain the same during disasters

From wildfire evacuations in California to hurricane devastation in coastal regions, natural disasters and other crises impact employees and employers in many ways. Serious disruptions like these, however, do not exempt employers from following wage and hour laws or honoring employees' rights to take leave under the Family and Medical Leave Act.

New online whistleblower complaint form available for workers

California workers may be interested to learn that the Occupational Safety and Health Administration released a revised whistleblower complaint form online. According to the announcement made by the Deputy Assistant Secretary of Labor for OSHA, the online form allows whistleblowers to file their complaints quickly and safely.

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