Employment Law

Remote work and work-from-home privileges were on the rise leading up to the COVID-19 pandemic, but was accelerated due to the pandemic. When businesses were forced to close their offices and worksites, those that could adjust quickly shifted as much of their operations as possible to a remote model.

For many companies, and even more employees, the result is a dramatically new normal compared to where things were before March 2020. Many more employees are working from home or on a semi-remote basis, which means some may have moved hours away from where the office was. They may also be working schedules that are different than before, but despite any of these changes, California’s overtime laws still apply.

Earning Overtime While Working from Home

Working from home shouldn’t be viewed any differently than working from the office, as far as compensation is concerned. When employees are on the clock, they should expect to be paid their normal hourly wages and earn overtime pay, when appropriate.

Employers, however, may take advantage of employees who are working from home offices. They may assume the employee is available on-demand now that they live where they work, and ask for more work than they would at the office. While expecting more from employees isn’t illegal, failing to properly compensate them when they start accruing overtime hours is.

Here are a few examples of how an employee’s time can be taken advantage of while working from home:

• The employer expects the employee to take work calls at all hours, but only pays the employee for their normal work schedule.
• Employees are required to respond to work emails regardless of whether or not they’re on the clock.
• An employer contacts an employee to handle an emergency after the employee clocked out, but doesn’t pay them for the time they spent dealing with the emergency.

How Is Overtime Pay Calculated in California?

When someone is a non-exempt employee in California, they are entitled to earn overtime. Overtime pay is calculated at a rate of 1.5 times (time-and-a-half) that of the employee’s usual rate. Employees begin earning overtime when they work more than eight hours per workday and for the first eight hours of work on a seventh consecutive day of work.

When an employee works more than 12 hours in a single workday or any hours in excess of eight on a seventh consecutive day in a workweek, the overtime pay rate for those hours changes to twice that of the employee’s usual pay rate.

Exemptions from Overtime

Not all employees in California are entitled to earn overtime pay. Those who are not are referred to as “exempt employees.” These employees are typically paid a salary instead of an hourly rate and may hold executive, administrative, and professional roles in their companies. There are many other types of employees who are exempt from overtime that the California Department of Industrial Relations outlines on its website.

Minimum Salary Requirement

When an employee is paid a salary, they are not automatically exempted from overtime. That salary must meet or exceed a specific threshold. That threshold is at least double the state’s minimum wage or greater, but only when the employer has 26 or more employees.

As of Jan. 1, 2021, the minimum wage in California is $14 per hour. This means a salaried employee must be making at least $58,240 per year.

The math for California’s minimum salary requirement works out as follows:

• $14 minimum wage x 2 = $28/hour

• $28/hour x 40 hours per week = $1,120 per week
• $1,120 per week x 52 weeks per year = $58,240 minimum salary requirement for 2021

Independent Contractors

Another type of worker who is exempt from overtime pay is the independent contractor. This is someone who is considered to be in business for themselves and provides services to an employer that are outside of the employer’s usual course of business. Because independent contractors are not considered employees, they are not eligible to earn overtime pay.

Employee Misclassification

Sometimes a worker is misclassified as an independent contractor or an exempt employee to avoid paying them overtime. This is illegal, and people who believe they have been misclassified can pursue fair and just compensation, such as back pay for unpaid overtime, with legal action.

Is Your Employer Paying You Correctly?

If you have been working remotely and believe your employer has broken overtime laws to avoid paying you what you deserve, reach out to Haeggquist & Eck, LLP. We can represent employees who have been working from home and were forced to work more hours than they got paid for or were eligible for overtime and didn’t receive it.

If you have concerns about what could be missing from your paycheck, contact us online or call (619) 342-8000 to schedule a free initial consultation.

Becoming pregnant is an exciting, but often very person and sensitive matter as well.

Understandably, many employees who become pregnant may wonder when they should tell their employers or if they are legally required to do so. The reality for many is that an employer will notice the pregnancy sooner or later, but rest assured there is no legal requirement to inform your employer of your pregnancy as soon as you become aware of it.

That said, there are two very important circumstances under which you will have to disclose your pregnancy to your employer: when you need to request reasonable accommodation and when you need to request maternity leave.

Requesting Reasonable Accommodation

During the course of your pregnancy, it may become apparent that you require reasonable accommodation to perform your job. This can include a parking space closer to the office, more or longer rest breaks, changes to your workstation, and anything else that would help you perform your essential job duties.

Federal and state law protects you against retaliation and harassment for requesting such reasonable accommodation, but you will need to tell your employer about your pregnancy in order to do so. Your employer may even need a note from your doctor to verify your pregnancy and the need for the type of requested accommodation.

Requesting Maternity Leave

At some point before or after childbirth you are likely going to want to take some maternity leave.It’s at this time that many pregnant employees in California request pregnancy-related disability leave and receive up to four months of unpaid leave, typically encompassing childbirth and several weeks or months after. Alternatively, employees can qualify for up to 12 weeks (three months) of pregnancy leave through the federal Family Medical Leave Act.

When requesting either type of leave, however, disclosing your pregnancy to your employer is inevitable.

Conclusion

Although you are not legally obligated to tell your employer anything about your pregnancy, you may have to as a matter of course when requesting accommodation and leave. You do not have to fear doing so, however, because it is illegal under federal and state law to retaliate, harass, or discriminate against a pregnant employee – especially when they request protected leave or accommodation.

If you believe you have been discriminated against because of your pregnancy status, get in touch with our attorneys at Haeggquist & Eck, LLP. We offer a free consultation that you can use to tell us about your situation and learn more about legal options that can help you recover what you deserve.

For more information, connect with us online or by calling (619) 342-8000.

The Age Discrimination in Employment Act was signed into law in 1967. This groundbreaking piece of legislation provided a vital step forward in protecting workers against discrimination and harassment because of their age.

Specifically, the law protects people who are 40 years old or older against mistreatment and adverse employment actions based solely on their age. Although age discrimination has been unlawful for more than 50 years, age discrimination is still a very real and prevalent problem in workplaces across the United States.

Employers that do engage in age discrimination may harbor a bias that older workers aren’t able to perform certain duties or adapt to new technologies as younger workers. As a result, they may try to edge older employees toward retirement or terminate them outright.

There are some telltale signs that you may be a victim of age discrimination. If you have experienced one or more of these, consider reaching out to an attorney at Haeggquist & Eck for a free consultation:

1. Your Employer is Calling You Names Based on Your Age

The most obvious sign that your employer is discriminating against you because of your age is if your employer calls you names based on your age, such as geezer, boomer, or makes other comments based on your age.

2. Your Employer Continuously Asks You When You Are Retiring

If your employer continuously asks you when you are retiring, or tries to encourage or force you to retire, this can be another sign of age discrimination.

3. Your Employer Comments About Your Inability to Do Your Work Because of Your Age

If your employer comments that you are not performing as well, or not able to do your work duties because of your age, this may be a sign of age discrimination. e.

4. Your Employer Is Firing Other Older Workers

If your employer is firing older workers, or encouraging them to retire, and deliberately replacing them with much younger employees, this could be a sign of age discrimination.

Think You Are a Victim of Age Discrimination? We Can Help.

Haeggquist & Eck, LLP can provide legal assistance to employees who believe they are victims of age discrimination. As advocates for workers who experience all forms of discrimination, we recognize the need for those who have been discriminated against based on age to pursue legal action against employers who violated their rights.

We are Southern California’s preeminent law firm for employment rights and our lawyers can advocate on your behalf. Learn more about what we can do for you by reaching out to us for a free initial consultation.

Get in touch with us online or call (619) 342-8000 today to receive a free consultation to discuss your situation.

It wasn’t until relatively recently that women throughout the United States received the workplace rights and protections they should have had from the beginning. That said, women in California may be uniquely protected compared to other states. While each law we’ll discuss below exists on a federal level, California has – in some cases – built upon what federal laws provide to give women extended protections throughout the state.

Please read on below and reach out to Haeggquist & Eck, LLP if you believe your rights at work have been violated. Our firm’s employment law practice stands up for women in the workplace and the unique issues that affect them. We offer a free consultation that you can use to learn more about legal options we can help you take advantage of and pursue fair and just compensation.

Contact us online or call (619) 342-8000 to speak with someone who can help you arrange your complimentary consultation with one of our lawyers.

1. Title VII of the 1964 Civil Rights Act

Title VII of the 1964 Civil Rights Act – a federal law – prohibits, among other protected classes, sex-based discrimination against employees and job applicants. It also lays the groundwork necessary to define certain business practices and treatment at work – such as paying women less than men or sexual harassment – as prohibited sex discrimination. As a result, laws have been passed and U.S. Supreme Court cases have been decided using Title VII as a precedent to expand or affirm certain women’s rights.

2. The California Equal Pay Act

The California Equal Pay Act has prohibited employers for decades from paying its employees less than employees of the opposite sex for equal work. However, in 2015, Governor Brown signed the California Fair Pay Act, which strengthened the Equal Pay Act in a number of ways. For more details on the California Equal Pay Act, and differences between it and the federal Equal Pay Act of 1963, see our previous article.

The California Equal Pay Act prohibits an employer from paying its employees less than employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work. It also provides that employees don’t have to be working the exact same job to be paid the same, they just need to be performing “substantially similar work.” Lastly, employers are prohibited from using prior salary to justify any sex-, race-, or ethnicity-based pay difference.

3. The Pregnancy Discrimination Act of 1978 & California Pregnancy Disability Leave Act

Although, there are many federal and state laws that address pregnancy, including the Family Medical Leave Act (FMLA) and Americans with Disabilities Act, we will jfocus on the Pregnancy Discrimination Act of 1978 and California’s Pregnancy Disability Leave Act.

The Pregnancy Discrimination Act is an amendment to the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

The Act prohibits employers nationwide from making any decisions regarding someone’s employment based on:

• A current or previous pregnancy
• Potential or intent to become pregnant
• A medical condition related to pregnancy
• A decision to have/not have an abortion

Under the FMLA, employees are entitled to up to 12 weeks of unpaid, job-protected leave for pregnancy and childbirth. In California, pregnant employees can potentially use both FMLA leave and pregnancy disability leave.

The California Pregnancy Disability Leave Act provides employees the following:

• Four weeks of leave prior to birth
• Six weeks of leave after vaginal birth; eight weeks after caesarean section
• Temporary disability insurance benefits
• California Paid Family Leave benefits

4. California Family Rights Act

The California Family Rights Act (CFRA) is essentially the state’s version of the Family Medical Leave Act (FMLA), discussed earlier. Like the FMLA, CFRA offers pregnancy and new-child bonding as qualifying reasons to take a certain amount of unpaid, job-protected leave. A new version of the California Family Rights Act was signed into law in 2020 and takes effect on Jan. 1, 2021.

Here are some of the new CFRA’s provisions as they pertain to pregnancy:

• Up to 24 weeks of unpaid, job-protected leave
• Employers with five or more employees are covered by this law
• Bonding leave expanded such that two parents working for the same employer may each take 12 weeks of parental leave
• Someone who is considered a key employee – is among the highest earners in the company – is protected, potentially protecting women in managerial and executive positions

5. Whistleblower Protection Act

Although not specific to women’s rights or issues that impact women, the Whistleblower Protection Act, and other laws that prohibit employers from retaliating against employees who report unlawful behavior, are crucial. Such laws protect those who report unlawful business activities or mistreatment, including that based on gender.

Do You Need Legal Help?

At Haeggquist & Eck, LLP, we advise and provide legal services for employees who have experienced violations of their rights at work. If you feel as if your rights are being violated, schedule a free initial consultation with one of our attorneys to discuss your situation.

After learning more about your concerns during this complimentary meeting, we may be able to provide options for how you can move forward with your claim.

Schedule your free consultation today by calling (619) 342-8000 or by contacting our legal team online.

California has been center stage for some of the most groundbreaking and important breakthroughs in workers’ rights. This has earned the state with a reputation as being among the most innovative and progressive states when it comes to employment law issues. This is especially the case when we look at some of the ways California has designed its own laws to push ideas and issues addressed in federal law more toward providing employees with better protections.

We can see this in a number of laws, such as the California Fair Housing and Employment Act, the Family Leave Act, the Pregnancy Leave Act, and other important statutes with federal counterparts. One such law that stands out among the rest, however, is California’s Fair Pay Act of 2015, which does even more than the Equal Pay Act of 1963 in what it provides for workers.

Starting with the older law, let’s look at both of these, in turn, to understand how California’s statute better protects employee’s fair pay.

The Equal Pay Act of 1963

An immense wave of social change in the United States came to pass during the 1960s. A year before the landmark Civil Rights Act of 1964 would pass, however, the Equal Pay Act of 1963 would become law.

It was signed into law by then-President John F. Kennedy as part of his New Frontier Program and was intended to address the widespread disparity in what men and women working in the U.S. were making at their jobs. Key to this was a mandate that someone’s sex could not be considered when determining their wages or as a reason to pay them more or less than their coworkers.

Under the Equal Pay Act of 1963, employers would be in violation of the law if three conditions were present:

• Employees of the opposite sex are paid different wages
• The employees being paid differently perform essentially the same job in terms of required effort, skill, and responsibility
• The employees being paid different are working under the same or similar working conditions

While the gender pay gap was narrowed to some degree by the Equal Pay act, a gap that was based in little more than discrimination still existed. That’s why California sought to enact its own legislation and expand upon what federal law provided.

The California Fair Pay Act of 2015

As important as the Equal Pay Act of 1963 was toward making progress that ensured equal pay for all employees regardless of sex, its effect began to stagnate in the 1990s. By the early 2010s, it became clear to California lawmakers that closing the pay gap would require intervention to close a loophole in the state’s labor code that bypassed some of the federally mandated protections in various industries and professions.

In this spirit, the California Fair Pay Act of 2015 requires the following:

• Employees cannot be paid different wages except with regard to seniority or a merit system, a variation in the quality or quantity of work, or another bona fide factor that isn’t sex, race, or ethnicity. The bona fide reason, if one is present, must be a job-related concern aligned with the company’s needs.
• Employees cannot be punished for or prohibited from discussing their rate of pay with another employee. Employers are barred from using a previous salary as the sole reason to extend an offer or not, and employers are additionally prevented from asking a candidate’s previous salary history or use external sources to determine this amount.
• Equal pay must be calculated based on the notion of “substantially similar work,” not necessarily a requirement that two employees must work in the same location.

Do You Have a Complaint?

If you are an employee who believes your rights under either the Equal Pay Act or California Fair Pact Act are being violated, turn to Haeggquist & Eck, LLP for assistance. Our lawyers have helped employees hold their employers accountable for violations of employment law. If you need help, take advantage of a free consultation with our attorneys to learn more about our services.

Get in touch with Haeggquist & Eck, LLP by visiting us online or calling (619) 342-8000.