Category: Uncategorized
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Retaliation for Wage Complaints: What Your Employer Cannot Do
California Labor Code § 98.6 prohibits employers from retaliating against workers who file wage claims, complain about wage violations, or participate in any enforcement action. Retaliation adds significant liability on top of the underlying wage claim. What Counts as Retaliation Retaliation includes: termination, demotion, reduction in hours, hostile work environment, negative performance reviews, or any…
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The PAGA Notice: How to Preserve Your Right to Sue
The Private Attorneys General Act (PAGA) allows workers to sue their employer on behalf of the State of California and other affected employees. To use PAGA, you must first send a written notice to both the employer and the California Labor and Workforce Development Agency (LWDA). How to Send a PAGA Notice The notice must…
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How to File a DLSE Wage Claim: The Complete Process
Filing a wage claim with the California Labor Commissioner’s Office — the DLSE — is a straightforward process that workers can complete without an attorney. This post walks through every step. The Filing Process 1. Obtain DLSE Form 1 from the DLSE website or nearest office. 2. Complete the form: your employer’s information, your employment…
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Independent Contractor Misclassification: AB 5 and What It Means for You
California’s AB 5 created one of the strictest worker classification tests in the country. If you’ve been classified as an independent contractor but actually work like an employee, you may be owed years of unpaid wages, benefits, and expense reimbursements. The ABC Test Under AB 5, a worker is presumed to be an employee unless…
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Expense Reimbursement: The Wage Violation Hiding in Plain Sight
California Labor Code § 2802 requires employers to reimburse employees for all necessary business expenses. Workers who use their personal vehicles, cell phones, or home internet for work — without reimbursement — have a claim for those unreimbursed costs. What Must Be Reimbursed Required reimbursements include: mileage for business driving (at the IRS rate or…
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The Final Paycheck: What Must Be Included and When
California’s final paycheck rules are among the most specific in the country. Employers who get them wrong face waiting time penalties that can equal 30 days of daily wages — regardless of the reason for the error. What Must Be in the Final Check The final paycheck must include: all regular wages through the final…
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Rest Period Violations: The $10 Premium Most Workers Never Claim
California workers are entitled to a 10-minute paid rest period for every four hours worked. Like meal periods, a missed rest period generates a one-hour premium wage penalty. Most workers who have been denied rest periods never claim this — because they don’t know it exists. How Rest Period Claims Work A rest period violation…
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Meal Period Violations: How Much Are You Owed?
Every missed or interrupted meal period is worth one hour of pay at your regular rate of compensation. For workers who have been denied proper meal periods for months or years, these premiums add up significantly. When a Violation Occurs A meal period violation occurs when: you work more than five hours without a 30-minute…
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How to Calculate Your Unpaid Overtime: A Step-by-Step Guide
California’s overtime rules are more protective than federal law — and getting the calculation right determines how much you’re owed. This guide walks through the math for the most common overtime scenarios. The Calculation For daily overtime: identify every day you worked more than 8 hours. Multiply the excess hours by 1.5x your regular rate…
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Your Three-Year Deadline: Why Filing Sooner Is Always Better
California’s statute of limitations for most wage claims is three years. That sounds like plenty of time — until workers realize that evidence disappears, witnesses move on, and time reconstructions become harder with every passing month. Why Delay Costs Money The three-year window runs from the last date of each violation. For ongoing violations —…