Davis*Gavsie & Hakim, LLP Davis*Gavsie & Hakim, LLP 2026-08-01T14:09:15Z https://www.laemploymentlawyer.com/feed/atom/ WordPress On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[How much overtime pay can employees earn in California?]]> https://www.laemploymentlawyer.com/?p=48361 2026-08-01T14:09:15Z 2026-08-01T14:09:15Z Why should you know about overtime laws? California laws require employers to pay their nonexempt employees overtime wages when they exceed their work hours. However, many employers refuse to pay their employees. Unpaid overtime can be considered wage theft. Employers may use illegal or unethical methods to avoid paying overtime to their employees. A few examples of how employers effectively steal overtime pay from their employees are most commonly worth considering:
  • An employer asked their employee to work off-the-clock
  • An employer altered how much time an employee worked
  • An employee is misclassified as exempt from overtime pay
  • An employee is misclassified as an independent contractor
If an employer is keeping workers from their earned overtime pay, employees can file a wage theft claim. A wage theft claim can help employees recover unpaid money owed by an employer. Before filing a wage theft claim, employees may need to reach out for professional legal guidance. Legal guidance can help employees gather documents that support a claim and work to recover the full amount of stolen income.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[When does “cultural fit” become age bias?]]> https://www.laemploymentlawyer.com/?p=48358 2026-07-19T20:24:09Z 2026-07-19T20:24:09Z What does "cultural fit" mean? There is no single defining term for cultural fit. Employers often use the term to describe qualities such as:
  • Communication style
  • Adaptability
  • Professionalism
  • Alignment with the organization's mission
  • Ability to work effectively with colleagues
These can be legitimate considerations if they are applied consistently and relate to the job's requirements. However, problems arise when "cultural fit" becomes a substitute for decisions based on age or other protected characteristics. Both federal and state laws protect older workers from age discrimination. The federal Age Discrimination in Employment Act (ADEA) applies to employees who are 40 years and older. The California Fair Employment and Housing Act (FEHA) provides broader protections than the federal law and applies to employers with five or more employees. These laws apply to many aspects of employment, including:
  • Hiring
  • Promotions
  • Compensation
  • Training opportunities
  • Discipline
  • Layoffs
  • Termination
All employers are to make decisions based on legitimate business reasons and not on an employee's age. The term "cultural fit" doesn't establish discrimination. Still, questions may arise if it's combined with other factors, such as repeated references to a "young," "fresh" or "energetic" workforce; employment decisions that consistently disadvantage older workers; or recruiting efforts designed to discourage older applicants. When employees believe they are being discriminated against because of their age, it's natural to react by confronting their supervisor or Human Resources, reducing their productivity or quitting. A better approach is to discuss their concerns with a legal professional who can evaluate the specific facts and review their options.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[California employers need to know about reproductive loss leave]]> https://www.laemploymentlawyer.com/?p=48357 2026-06-30T15:32:33Z 2026-06-30T15:32:33Z
  • Miscarriage
  • Stillbirth
  • Unsuccessful reproductive technology procedure such as in vitro fertilization (IVF).
  • Failed adoption
  • Failed surrogacy
    • These last two can happen suddenly and unexpectedly if a surrogate or birth parent breaches the agreement or something else goes wrong with the birth or (in the case of surrogacy) an embryo transplant. Either prospective parent, regardless of gender, qualifies for this leave. It doesn’t have to be taken all at once, but it must be taken within three months after the loss. Some employers may already include reproductive loss under qualifying events for paid leave. If they don’t, according to the California Civil Rights Department, they “must let employees use any available vacation time, sick days, personal days, or PTO to cover their reproductive loss leave so they can get paid.” If an employee doesn’t have any accrued paid time off available, the employer is not required to pay them for this time off.

    Respecting an employee’s privacy and feelings

    It’s crucial for employers to ensure that all management, supervisory and Human Resources staff respect and protect employees’ privacy and feelings during a difficult time. The law states that employers are required “to maintain employee confidentiality relating to reproductive loss leave.” Some people may not personally consider it a “loss” that an IVF attempt failed or that a surrogate or birth parent backed out of an agreement. However, for prospective parents – especially those who have been on a long and stressful journey to bring a child into their family, it can be heartbreaking. The law also prohibits employers from retaliating against an employee for exercising their rights under the law to take this leave. Employers who have questions or concerns about complying with the law are wise to get legal guidance. This can help them to avoid costly and stressful employment issues later.]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Legally reducing an employee’s pay]]> https://www.laemploymentlawyer.com/?p=48356 2026-06-19T19:01:54Z 2026-06-19T19:01:54Z Employers do have the right to reduce an employee's pay in some situations. Employees often feel that their pay should stay constant or that they should be offered a raise, but there are situations in which a business owner may want to make a reduction. It could be a cost-cutting measure, for instance, where the owner of a company is reducing someone's pay to avoid having to lay off any of the workforce. As a business owner, however, it is important for you to know how to implement this pay reduction legally. Below are a few areas to keep in mind.

    It must apply to the future

    To start with, you cannot reduce someone's pay for hours that they have already worked or jobs they have already performed. You can only tell them that their pay is going to be reduced moving forward.

    The employee must agree

    In this sense, you are giving the employee a chance to agree to the pay reduction. There is no obligation for them to do so. This does not mean they can demand a higher pay rate, of course, but simply that they have an option to either accept the lower pay rate or leave their position and seek a different job.

    The reason for the reduction must be legal

    Finally, you cannot reduce someone's pay for an illegal reason. An example could be retaliation. If an employee reports sexual harassment in the workplace and you reduce their pay, that could be seen as a retaliatory measure. You also cannot discriminate, such as reducing pay for female workers or workers with a certain ethnic background. As long as you keep these details in mind, you can likely institute a pay reduction without incident, but it is important to know what legal options you have if a dispute arises.  ]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Must employers accommodate religious scheduling restrictions?]]> https://www.laemploymentlawyer.com/?p=48355 2026-06-04T10:10:23Z 2026-06-04T10:10:23Z Do requests create business hardship? Generally speaking, employers across the United States have to respect the right of religious freedom extended to everyone in the country. Provided that employees provide appropriate advanced notice of any scheduling restrictions or leave needs related to religious practices, employers should make reasonable attempts to accommodate them. The frequency with which workers require special consideration and even the number of employees at the company can influence whether scheduling restrictions create an undue hardship. Provided that the company is able to operate without sustaining major losses or facing increased liability due to scheduling restrictions, employers should allow workers to take time off to attend services or honor holy days. When employers do not reasonably accommodate workers who need time away from work to attend services or honor their faith, refuse accommodations or punish workers for requesting them, that could constitute religious discrimination. Workers can take legal action to challenge negative employment decisions or request compensation for the economic impact the discrimination may have had. Employees with documentation of inappropriate religious discrimination may have grounds to take legal action. Reviewing scheduling requests and employer responses with a skilled legal team can help professionals determine if they experienced unlawful religious discrimination at work.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Is it possible to fire an employee in a protected class?]]> https://www.laemploymentlawyer.com/?p=48354 2026-05-23T07:55:57Z 2026-05-23T07:55:57Z Yes, an employee who is in a protected class can often still be terminated from their position, but doing so can be a bit more complex for the employer. As an employer, you know that employees have certain protections against wrongful termination. For instance, Title VII of the Civil Rights Act of 1964 establishes a number of protected classes. These include national origin, sex, religion, color and race. What this means is that you cannot terminate an employee specifically because of their inclusion in one of these classes. If an employee converted to a new religion and you decided to fire them in response, for example, it would be a clear violation of their rights. But you can still fire them for other reasons, such as performance issues on the job, even if they are in a protected class. You just cannot use that protected characteristic as the reason for the termination, as doing so would be discriminatory.

    Documenting everything

    If you do need to fire an employee in a protected class, it can be very important to gather documentation. This can support your decision and show your reasoning. Examples could include warnings the employee was given or write-ups they received. If you have a clear paper trail showing that there was a valid reason to terminate the employment and that it had nothing to do with personal characteristics, you reduce the chances of a wrongful termination lawsuit. That being said, these types of conflicts between employers and employees are common, and those involved must know what legal options they have to address them.  ]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Is your employer guilty of wage theft?]]> https://www.laemploymentlawyer.com/?p=48353 2026-05-15T08:27:56Z 2026-05-15T08:27:56Z You go to work every day with the expectation that your employer will pay you for the hours you give to the company. Unfortunately, wage theft is more common than you realize. You may not realize that your employer is violating wage and hour laws, costing you significant income over time. Understanding what wage theft looks like can help you recognize when your rights may be violated.

    What is wage theft?

    Wage theft occurs when an employer fails to pay an employee the wages they are legally owed. In some cases, the problem is obvious, such as failing to pay for hours worked. In others, the violations are less noticeable, though they remain unlawful. However, even small discrepancies in pay can add up quickly over weeks, months or years. California has strong employee protections in place. Nonexempt employees are usually entitled to overtime pay of 1.5 times their normal rate if they work more than eight hours in a day or more than forty hours in a week. If they work more than twelve hours a day, they are entitled to double time. State law also requires employers to provide employees with meal and rest breaks. When workers are pressured to skip breaks or continue working during unpaid meal periods, employers may be violating labor laws. Another common example of wage theft involves off-the-clock work. Employers can't require their employees to perform job duties without compensation, even if the tasks only take a few minutes. Setting up equipment before a shift or cleaning up after clocking out may qualify as compensable work time. Some employers attempt to avoid paying overtime or providing other paid benefits by labeling workers as independent contractors instead of employees. However, there are strict legal standards to determine whether a worker is truly an independent contractor. If you believe you are a victim of wage theft, you may have legal options. Speaking with a legal representative can help you understand your rights. They can review your situation, determine if wage theft occurred and help you pursue the compensation your employer owes you.  ]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Does holiday pay or sick leave count toward overtime?]]> https://www.laemploymentlawyer.com/?p=48352 2026-04-28T15:08:12Z 2026-04-28T15:08:11Z Generally speaking, sick leave and holiday pay do not count toward overtime pay. This means that a person could technically be paid for more than 40 hours in a week without qualifying for overtime. For example, say that a person was sick on Monday and took paid time off. They then returned to work on Tuesday and worked eight hours every day through Saturday.  They would be paid for a total of 48 hours, which would typically trigger overtime at a time-and-a-half rate. But because the eight hours on Monday were sick leave, they would not count toward overtime, and the entire amount would be paid at the standard rate.

    Why does this happen?

    Broadly speaking, the law is set up this way because no work was actually performed during that time. This does not prevent a person from using sick leave, just as many employees are entitled to holiday pay if a holiday falls during the workweek.  But since they did not actually work those hours, they do not count toward overtime calculations. From an overtime perspective, the employee has only worked 40 hours during the pay period.

    Resolving wage and hour disputes

    As an employer, it is important to understand when overtime pay does and does not apply. In California, double-time pay may also be required in certain situations, such as when a worker logs more than 12 hours in a single day. The above illustrates how the rules can become complex, and misunderstandings about how the law applies can lead to disputes between employers and employees. At these times, it is important for all involved to fully understand their legal options.  ]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[What counts as autism discrimination in the workplace]]> https://www.laemploymentlawyer.com/?p=48351 2026-04-11T17:09:25Z 2026-04-11T17:09:25Z Social interactions don’t come with clear labels, and for neurodivergent individuals in the workplace, this uncertainty can be even more noticeable. Sometimes, what feels “off” is hard to explain, especially when it involves how someone is treated differently over time. For employees with autism, these experiences can range from obvious exclusion to subtle patterns that are easy for others to overlook. Both can have a meaningful impact on job stability, growth and overall well-being.

    The many ways discrimination can show up at work

    Some forms of discrimination are easy to spot. For example, an employer refusing to hire a qualified candidate after learning about an autism diagnosis, or disciplining an employee for behaviors directly related to their condition without considering reasonable accommodations, can raise immediate concerns. These situations often involve clear, direct actions that treat someone less favorably because of a disability. More often, however, discrimination shows up in quieter ways. An employee might be passed over for promotions because they are seen as “not a good fit,” excluded from meetings where decisions are made or criticized for communication styles that differ from neurotypical expectations. Even inconsistent enforcement of workplace policies, where one employee is penalized more harshly than others for the same conduct, can signal a deeper issue. These experiences are not uncommon. Many neurodivergent workers report ongoing stigma at work, even as awareness has grown in recent years. Surveys suggest a significant majority feel pressure to hide or “mask” their behaviors to avoid negative attention, while others hesitate to disclose their condition out of concern that it may affect how their abilities are viewed. This kind of pressure can make it even harder to recognize when treatment crosses the line into discrimination. Understanding the difference between subtle and obvious discrimination is important, but so is how you respond. It can be tempting to address concerns right away. However, taking a step back and getting informed guidance first can help you better assess the situation, protect your rights and avoid actions that could unintentionally affect your position. If something at work doesn’t feel right, you don’t have to sort it out alone. Having a conversation with a knowledgeable legal professional can provide clarity and help you decide on the best path forward before tensions escalate.]]>         On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Are wrongful termination claims impossible with at-will employment?]]> https://www.laemploymentlawyer.com/?p=48350 2026-03-24T18:01:11Z 2026-03-24T18:01:11Z Many modern employees in the United States are at-will employees. This essentially means that they are not operating under any employment contracts or agreements that they have signed. They have simply agreed to take a job for as long as they are willing, but they have the right to quit at any time. Many wrongful termination claims revolve around employment contract breaches. Employees who are fired in violation of their contractual terms may decide to sue their employer. But for employers who have at-will employees, does this mean that wrongful termination claims are impossible? After all, an at-will employee doesn’t have to be fired for cause and could see their job terminated at any time. 

    Illegal reasons for job termination

    No, it does not. Wrongful termination can still occur, even under at-will employment laws, and it is crucial for both employers and employees to understand how this works. The key point to keep in mind is that an employer can fire an at-will employee at any time and for any reason, except for an illegal reason. For example, discrimination based on gender, race, religion, and other protected classes is illegal in the United States. If an employer terminates someone’s position for a discriminatory reason, it can still be considered a wrongful termination. This is true even if the individual was an at-will employee and never had a contract. Their rights have still been violated due to the illegal reason for the termination.

    Navigating a dispute

    Issues like this can sometimes lead to disputes between employers and employees, and both sides need to understand their legal options and the steps they can take to seek a resolution.]]>