Employment Law
California’s “at will” employee
Most employees are presumed to be “at will” in California, which means that they can be fired for any reason or no reason at all, provided they’re not fired for an illegal reason. California law recognizes several exceptions to the general rule and sometimes employee’s status to change at some point during the employment relationship from employment “at will” to one where the employee can only be terminated for just cause.
If your employer has promised you continued employment as long as your performance is satisfactory, your employment status might well have changed from one of voluntary employment “at will” to an enforceable implied contract of employment subject to termination only for just cause, such as poor performance or misconduct.
Also, the employee handbook usually outlines internal policies, practices and procedures regarding discipline and termination. According to California Courts, these policies can change the nature of the employment relationship.
The California at-will employment rule has several important exceptions, including:
Unlawful Termination – You can’t be fired for an unlawful reason, such as age discrimination, race discrimination or sexual orientation discrimination.
Retaliatory Discharge – Generally, you can’t be fired in retaliation for engaging in a protected activity. Such activities include: filing a claim for worker’s compensation, taking family or maternity leave, or if you complain of discrimination, harassment, wage and hour violations, or unsafe working conditions.
Every employment contract, whether at will or not, carries with it an implied covenant of good faith and fair dealing. That means your employer can’t lie to you about your work performance, your job status or your prospects for promotion.
If your job is now in jeopardy, or if you’ve been demoted or terminated in circumstances suggesting that you were no longer an employee “at will” but could only be fired for cause, contact Macomber Yockey Law for a free consultation.
WAGE AND HOUR LAW
“Wage and Hour Law” refers to laws pertaining to payment of minimum wage, payment and timing of wages, commissions, overtime and vacation, rest periods, meal periods, make up time, alternative work week schedules, travel time pay, show up time pay, time keeping requirements, itemized wage statements, penalties for failing to provide or comply with the foregoing and a host of other detailed rules relating to “working conditions” of your labor force.
In California, employees are presumed to be nonexempt. Exempt employees are paid a salary, which covers all hours worked, whether or not it amounts to minimum wage. Many employees are misclassified as exempt by their employers. Doing this allows employers who escape paying their employees minimum wage and hefty overtime premiums. However, if a worker is found to be misclassified it could result in devisitating costs for the employer.
As with the federal Fair Labor Standards Act (FLSA), California has both a salary and duties test for exempt employees. California ‘s salary test requires exempt employees to have a fixed salary that is two times the minimum wage. Thus, each time the state minimum wage increases, the minimum salary level for exempt employees’ salaries also increases.
California generally requires that non-exempt employees be given a 10-minute break every 4 hours and a 30 minute break after 5 hours of work. Also, nonexempt employees must be paid overtime for all hours worked over 8 in one day and 40 in one week. Additionally, all breaks must be “duty free”, which means you can not perform any duties associated with work on your break.
Furthermore If an employer terminates an employee, wages are due immediately at the time and place of termination. If employees quit with at least 72 hours’ notice, wages are due on the last day of work; if the employee gives less than 72 hours’ notice, wages are due within 72 hours after notice is given.
If you believe you are misclassified, not being paid minimum wage or overtime, not receiving proper breaks or were not paid your final wages upon termination, contact Macomber Yockey Law for a free consultation.