California Tenant Defense Blog
Eviction defenses. Rent control. Habitability rights. Know the law.
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Harassment in the Workplace
Tuesday, May 19, 2015 Dickson v. Burke Williams, Inc.: No Failure to Prevent Liability Absent Actionable Harassment or Discrimination Just a very quick note on Dickson v. Burke Williams, Inc. (3/6/15) — Cal.App.4th —, in which the Court of Appeal held as follows: [T]here cannot be a valid claim for failure to take reasonable steps…
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Labor Law Attorney Feees
Tuesday, May 5, 2015 Williams v. Chino Valley Independent Fire District: Supreme Court Rules on Cost Awards to Prevailing Defendants in FEHA Actions Williams v. Chino Valley Independent Fire District (5/4/15) — Cal.4th — concerns whether a prevailing defendant in a FEHA action may recover its ordinary costs absent a finding that the plaintiff brought…
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Resident Apartment Manager Wage Claims – Resident manager wage claims
Resident Apartment Manager Wage Claims Resident manager wage claims Resident apartment managers often have good wage claims. Resident Apartment Manager Wage Claims If I am a resident apartment manager in California, what obligations does the property owner or management company have to pay me? California law requires owners of apartment complexes that have more than…
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Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation
Unpaid Overtime LawsuitClass action lawsuits alleging wage and hour violations have risen 400 percent since the year 2000, with the most common complaint being unpaid overtime. As employers look to squeeze more out of employees while cutting costs, many workers are forced to work off the clock and are misclassified as exempt from overtime pay.…
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Overtime in California
California Labor Laws – Overtime Among the states, California has uniquely stringent labor laws. In January 2000, new overtime regulations went into effect for the state of California. According the California labor law overtime provision hourly workers working more than eight hours in a day must be paid mandatory overtime for all hours worked over…
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California Labor Law Overtime: Working more than 7 consecutive days, time off between shifts, Night Shifts, Working Past Midnight, Work Past 8 Hours in a Day or 40 Hours in a Week
FAQ – I worked from 4PM on one day until 8AM the next day, am I entitled to overtime? Double time? In most cases, no. Although you worked 16 consecutive hours in the same shift, overtime is computed on a daily basis, not on a per-shift basis. Using the per-day basis, overtime “resets” at midnight.…
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California Labor Law Overtime: Holiday pay, sick pay, and overtime.
I had a holiday that I did not work, but was paid for. I then worked 40 hours in the week, but the employer only paid me at straight time, is this right? Yes, overtime is only based on hours worked, not on hours paid. Thus, if you received 8 hours of holiday pay, it…
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California Labor Law Overtime: Vacation Pay, Mandatory Vacation and an employer forcing the payout of vacations.
FAQ – I want to take time off without pay so that I can save up my vacation. Can my employer force me to use the paid vacation time and not save it up? Yes. An employer is always allowed to pay out vacation days or PTO (paid time off days). Vacation days and PTO…
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California Labor Law Overtime: Mandatory overtime and reporting time pay.
FAQ- Can my employer force me to work mandatory overtime? In most cases, yes. There are few restrictions on requiring people to work overtime. The most common limit on the amount of hours you can be required to work is for people who work under Wage Orders #4 (Professional, Technical, Clerical, Mechanical and Similar Occupations),…
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California Labor Law Wages: Late and Bounced Paychecks
FAQ- My employer is paying me late, what can I do? California Labor law requires that wages be paid on regular pay days. However, if the employer misses the pay day, there is no automatic fine that they must pay, and you are not entitled to any addition money. It is possible that you could…
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