In California, a severance agreement must meet many requirements in order to be enforceable. For example, this kind of contract between an employer and a departing employee cannot include a noncompete agreement. Furthermore, an employer must comply with special severance agreement requirements that only pertain to employees age 40 and older.
Some California workers may have changes in their overtime status in 2019, but the changes will not be as drastic as those that were in the original rule put forth by the Obama administration. That rule raised the amount for the white-collar overtime exemption to $47,476 from $23,660 and the highly compensated exemption from $100,000 to $134,004.
Some people deal with bullying all their lives. Sometimes, it may even follow them into the workplace. In some instances, workplace bullying can be a form of discrimination. It can also take a toll on the victim in a few different ways.
In 2016, the California legislature passed the Fair Day’s Pay Act, a law that was intended to assist employees in collecting judgments against judgment proof employers for wage and hour violations. Specifically, Section 558.1 of the Act provides that individuals working on behalf of the employer, such as managers, are personally liable for wage and hour violations.
The Equal Pay Act and Title VII of the Civil Rights Act seek to protect workers in California from discrimination. Although the acts obligate employers to treat people fairly regardless of their gender, race, religion or national origin, reality often falls short of the law, and mistreated employees must pursue legal complaints against their employers. The rights granted by these acts sometimes overlap, and a victim of discrimination might choose to file complaints based on one or both acts.
In a competitive job market, factors such as skills, experience and attitude should determine eligibility for a job. However, even those who meet the requirements and come in for an interview can receive unfair judgment. Discrimination can and does happen even before an employer hires you. During the interview, certain questions are off the table to ensure a fair assessment. Yet, these questions often still come up, so it is important you recognize them.