The basic classification is “non-exempt.” California law presumes that all employees are non-exempt employees, meaning that they are not exempt from the Labor Code and Wage Order requirements, such as overtime pay, meal and rest breaks, and minimum wage. Usually, non-exempt employees are paid by the hour. The other classification is “exempt.” Exempt employees are […]
What is a Breach of Contract?
A breach of contract occurs when a party, without justification, fails to perform a promise made in the contract. The elements of a legal action for breach of contract are: entry of a contract by the parties; performance of the contract by the party who is suing (or excuse from performance); all condition required by […]
The importance of proper employee classification
Why is it important that I be properly classified by my employer? When working for a company, you may be classified and “exempt” or “non-exempt” or the company may treat you as an “independent contractor.” There are several reasons why proper classification is important, both on the employer’s side and on the employee’s side. On […]
What is an “independent contractor”?
An independent contractor is another kind of classification and not necessarily an employee classification. Many employers try to classify people incorrectly as independent contractors because they don’t have to pay the employer’s share of various employment taxes, keep track of hours, breaks nor do they have to provide other common employee benefits such as health […]
What is a Contract? How is it Formed?
A contract is an agreement to do or not do a certain thing. A contract gives rise to an obligation, or legal duty, enforceable in an action at law. The essential elements of a contract are: (1) parties capable of contracting; (2) their consent; (3) a lawful object; (4) a sufficient cause or consideration. The […]
Employment Development Department
A problematic issue for California companies in the case of employee misclassifications is that the Employment Development Department (EDD) has been auditing employers who incorrectly categorize their workers as independent contractors. The result of an EDD’s determination that the employer had indeed improperly classified workers as independent contractors is that the employer has to pay […]
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