Blog

Introduction Foreign nationals who are skilled or educated—and who have job offers—have the possibility of immigrating to the United States. The process involves three steps: PERM: the employer must first obtain a “labor certification” from the U.S. Department of Labor (DOL). This process is done online through the internet. Employers must sign-up for a PERM…

What Are My Rights Under California Law if I Earn Commission Wages? Commission wages are compensation in the form of a percentage of the price of the product or service which is sold by an Employee. Alternatively, commission wages may be based proportionally on the number of products or services sold. California law (Labor Code…

Wage Deductions May Be Made When Permitted by Federal or State Law California law allows the employer to withhold or divert any portion of wages where the deduction is required or the employer is empowered to do so by federal or state law. This category includes withholdings for federal and state taxes. Also, employers may…

Tips Belong to the Employees Who Received Them A California Employer shall collect, take, or receive any gratuity or a part thereof, that is paid, given to or left for an Employee by a customer. The law prohibits Employers and every person other than the employer who has the authority to hire or fire any…

Every California employer must provide an accurate itemized account in writing to their nonexempt employees semimonthly or at the time of each payment of wages, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash. This writing is also…

A California Employer may not fire or in any manner discriminate or retaliate against an Employee who is a victim of domestic violence, sexual assault, stalking, crimes that caused physical injury or mental injury, crimes involving threat of physical injury, or crimes involving persons whose immediate family member is deceased as a direct result of…

If You Are Fired: The general rules for the payment of wages upon termination are found at Labor Code § 201, et seq. Section 201 provides that in the event an employee is discharged, the wages earned and unpaid at the time of the discharge are due and payable immediately. If You Quit: If an…

In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of…

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than…

It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an…