Labor & Employment Resources

On this page you will find the answers to some frequently asked questions in regard to California employment law. 

Employment Law Update, Effective July 1, 2015. Read more.

FAQs
 
  • Which employees do I have to pay overtime? Both California and federal law require employers to pay overtime to “non-exempt” employees. Most “exempt” employees fall into the following categories: executive and professional employees, supervisors, commissioned sales representatives and computer specialists. Our employment attorneys can help you understand and comply with the overtime laws that apply to your business.
  • Are all employee complaints protected as “whistle-blowing”? No. Generally speaking, an employee must report a discriminatory, fraudulent or other illegal act in order to be protected. However, there are various special rules in this area, including those applicable to state and federal employees and employees of publicly-traded companies. Miller Morton regularly counsels businesses and employees regarding whistleblower claims.
  • What are some important considerations for employment contracts? Deciding what to include in an employment contract requires consideration of a multitude of different factors. Depending on the employee’s skill set, his or her importance to the business, and your company’s long-term goals, you may consider including confidentiality requirements, equity-sharing rights, stock options and various other terms. These, of course, are in addition to provisions governing duties, wages or salary, bonuses, termination and other standard topics.