Can an employee waive his or her right to overtime compensation?
No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. Labor Code Section 119411. For more information, please telephone Christopher Taylor, Esq at (626) 657-6041,
COVID-19 & Workers' Compensation Claims
Workplace injuries now includes COVID-19 illness under California's no-fault Workers' Compensation system. If an employee 1) tested positive for or was diagnosed with COVID-19 within 14 days of being at work, and 2) the employee was at work between March 19, 2020, and July 5, 2020, or the employee was at work during a period of "outbreak" (as defined by Labor Code section 3212.88(m)(4)) after July 6, 2020, the COVID-19 illness is presumed to be an injury arising out of and i
New Minimum Wage for 2021
Beginning Jan. 1, 2021, for employers with 26 employees or more, the minimum wage will increase from $13 per hour to $14 per hour. An employee is "exempt" from hourly wage laws (e.g., overtime, meal and rest breaks, etc.) if they make $58,240 or more. For employers with 25 employees or less, the minimum wage will increase from $12 per hour to $13 per hour. An employee is "exempt" from hourly wage laws (e.g., overtime, meal and rest breaks, etc.) if they make $54,080 or more
Employees May Use Sick Time For Kin Care
Prior to 2021, California law permitted employees to use up to one-half of their accrued and available sick leave to attend to the illness or preventative care of a family member. Employers were prohibited from discriminating against employees because they used their sick leave for such purposes. Why? Some employers did not want their employees using their paid sick time to care for someone else. And, if employer's designated non-kin care leave a kind care, it would deplete