Nick Ferraro | August 22, 2022 | Employment Law
What are the Required Paydays in California?
Everyone looks forward to payday. But do you have any rights when you work for an employer who doesn’t stick to a regular payday or pays you infrequently? You bet. California law not only mandates when employers must pay employees, but it also makes clear […]
Nick Ferraro | July 29, 2022 | Employment Law
PAGA Ballot Initiative Halted for 2022
The Private Attorneys General Act (PAGA) allows workers to enforce labor laws on behalf of the state. Critics of this law are looking to repeal it but have halted their plans for a ballot initiative in 2022, instead saying they will leave the repeal up […]
Nick Ferraro | July 28, 2022 | Wage and Hour
What is Nonproductive Time?
California has a strong history of protecting worker’s rights. Employees who work on a piece-rate basis must be paid at least minimum wage for their nonproductive time, including rest breaks. If you’re a San Diego worker who’s employer isn’t paying you correctly. You have legal […]
Nick Ferraro | July 12, 2022 | Wage and Hour
What Information Must Be on My Pay Stubs in California?
A wage statement or pay stub summarizes the amount of money you earned and the deductions your employer withheld from your paycheck. The U.S. Department of Labor’s Wage and Hour Division provides an optional Wage Statement form for employers to use. California Labor Code §226 […]
Nick Ferraro | July 7, 2022 | Wage and Hour
Am I Allowed to Talk About My Wages at Work?
The short answer is yes, you can, under most circumstances. An employer in San Diego, California, generally cannot prevent you or your colleagues from discussing your pay. Keep reading to learn more and to learn about an important exception. Employers Cannot Prohibit Employees From Talking […]
Nick Ferraro | June 27, 2022 | Wage and Hour
Am I Entitled to My Time Records in California?
To make sure you are paid correctly, you need to clock in and out regularly. California has many nuances relating to employment laws, and inspecting your time records is no exception. The bottom line is that California law permits you to view and copy certain […]
Nick Ferraro | June 17, 2022 | Overtime
Does Cash in Lieu of Benefits Compensation Affect Your Overtime Pay Rate?
Cash in lieu of benefits compensation impacts the overtime pay rate for employees. If you believe your employer is not paying the correct overtime rate, you should speak with a San Diego wage and hours lawyer as soon as possible. What is Cash in Lieu […]
Nick Ferraro | June 9, 2022 | Wage and Hour
Minor League Players, MLB Reach Settlement in Minimum Wage Lawsuit
On May 10, 2022, attorneys for Major League Baseball (MLB) and minor league players filed a motion with the U.S. District Court, Northern District of California, informing Judge Spero that both sides had reached a settlement in a lawsuit. This lawsuit had originally been filed […]
Nick Ferraro | June 7, 2022 | Wage and Hour
How Much Do I Need to Be Paid Under the Service Contract Act?
The McNamara-O’Hara Service Contract Act (Service Contract Act or SCA) is a federal law that controls various aspects of service contracts between the federal government and individuals or companies. As a “service employee,” you work for one of the contractors performing services on an SCA. […]
Nick Ferraro | May 20, 2022 | Wage and Hour
How to File a Wage Claim in California
You deserve to be paid the wages you earn. California hour and wage laws require employers to compensate employees for all time they work. If your employer fails to pay your wages, you can file a wage claim with the California Labor Commission. How to […]
Nick Ferraro | April 20, 2022 | Wage and Hour
Is it Legal for Employers to Round My Time in San Diego?
Hourly employees in California must be paid at least minimum wage for all hours worked according to California Labor Code §204. The minimum wage for non-exempt employees within the city limits of San Diego is $15 per hour as of January 1, 2022. The minimum […]
Nick Ferraro | April 14, 2022 | Wage and Hour
How Much Paid Sick Leave Am I Entitled to in California?
When you or your family member is sick, it is important to know that you can take time away from work without fearing for your job. Being out of work because of an illness can be financially devastating. Paid sick time can help you care […]
Nick Ferraro | March 23, 2022 | Employment Law
Do California Employers Need to Provide Cell Phone Reimbursements to Employees?
Yes, employers must reimburse employees for using personal cell phones for business purposes. California law is clear on this issue. Additionally, employers may need to reimburse remote employees for business expenses. What is the Law Regarding Cell Phone Reimbursements to Employees in California? There is […]
Nick Ferraro | March 15, 2022 | Wage and Hour
Is My Employer Required to Pay “Prevailing Wages” in California?
The California Prevailing Wage Laws require employers to pay employees in public works projects the prevailing wage. The prevailing wage is determined by the California Department of Industrial Relations (DIR). The wages depend on the project’s location and the type of work being performed by […]
Nick Ferraro | March 3, 2022 | Wage and Hour
Are Per Diem or Flat Sum Payments Considered Taxable Wages in California?
The state of California considers wages as compensation for an employee’s personal service. Companies may pay employee compensation by check, cash, or the cash value of non-cash payments. Wages are taxable by the federal government and the state of California. However, per diems are generally […]
Nick Ferraro | February 28, 2022 | Meal and Rest Breaks
How Do You Calculate Meal and Rest Break Premiums in California?
California workers are entitled to regular meal and rest breaks under California labor laws. However, if an employer denies an employee their meal or rest break, the law requires the employer to “compensate” the employee at a premium rate for the time. According to California […]
Nick Ferraro | February 25, 2022 | Wage and Hour
Are Caregivers and Homecare Workers Entitled to Overtime?
Many families hire caregivers and homecare workers to assist elderly or disabled members of their families. Caregivers and homecare workers are protected by federal and state laws governing minimum wage and overtime pay. In California, these workers are entitled to overtime pay. Understanding overtime pay […]
Nick Ferraro | January 27, 2022 | Employment Law
What Can I Do If I Think My Employer is Committing Healthcare Fraud?
Healthcare fraud results in billions of dollars in losses for the government each year. For citizens, healthcare fraud contributes to increases in insurance premiums and taxes. If you suspect your employer is committing healthcare fraud, you can file a lawsuit under the False Claims Act. […]
Nick Ferraro | January 10, 2022 | Employment Law
How to Find Out What’s in Your Personnel File in California
There are many reasons an employee may want to know what information is included in their personnel file. For example, perhaps you have been terminated for reasons that you believe are unfair or even illegal. Or, you might suspect that you have not been compensated […]
Nick Ferraro | December 23, 2021 | Employment Law
California Supreme Court Impacts On-Duty and On-Call Rest Periods for California Employees
In 2016, California’s Supreme Court ruled in favor of the plaintiff in the case of Jennifer Augustus v. ABM Security Services Inc. This case involved an employer that required security guards to keep their pagers and radios on during breaks. This requirement allegedly ensured that […]