Exempt vs. Non-Exempt Employees: California Overtime Exemptions

In California, employers must to provide compensation to workers who use their personal automobiles for business-related activities. There are 4 ways to determine the refund:

• lump-sum payments
• reimbursement based on actual mileage
• actual expenditure reimbursement
• combination of fixed and variable rate reimbursement

No matter the method, employees are eligible to full payment.

What California Law Governs Mileage Reimbursement?

According to California employment law, all employers inside the state must reimburse employees for any out-of-pocket business expenses. This comprises the costs related to utilizing the employee's personal vehicle for work-related reasons in addition to other related expenses. Employers must reimburse employees for all essential costs or losses incurred in the following:

• direct result of the person performing their tasks
• obeying instructions from the employer by the employee

Unless the employee knew they were unlawful while performing them, the employee is eligible to reimbursement even though the employer's instructions were against the law. These compensations cover the expenses incurred when an employee uses their own car for work. However, the cost of gas for the car is not always the only part of these costs. They also consist of:

• wear and tear causing a car to depreciate
• costs of upkeep and repairs
• registration fees for vehicles
• auto insurance

Reimbursements are not need to be made in addition to an employee's pay or other compensation under California Labor Code 2802(a)LAB.  However, there must be a way to divide up and identify this increased pay as reimbursement.

What are the Various Methods for Determining Reimbursement?

According to California law, there are 4 possible ways to determine how much an employee must pay for a car used for work-related purposes:

• a regular lump sum payment or "gas stipend" that covers all expenses associated with operating the vehicle
• compensation based on the distance traveled
• a payment based on the worker's real out-of-pocket costs
• a hybrid computation that employs variable rates for some costs, like fuel, and fixed rates for others, like insurance.

When utilizing any of these strategies, the employer is only responsible for covering their actual, necessary costs. It's possible that unnecessary car costs won't be paid for. Which reimbursement policy will be applied is a decision that the employer and employee must make together. Therefore, the parties must concur on the mileage reimbursement rate if one is to be used. Usually, the job contract or employee handbook will outline this. Any agreement, however, that denies an employee their entire entitlement to reimbursement for business-related automobile expenses is void. In fact, employees must have the chance to contest the appropriateness of the reimbursement under such an agreement.

Gas Stipends or Lump-Sum Payments

In California, employers are able to pay employees a single fixed sum to cover vehicle-related expenses. Likewise known as:

• "gas stipend"
• "allowance for cars"
• "daily fee"

This is a regular payment, often sent each month, of a specific amount that covers the employee's expenses. Employees who use their own automobiles to travel the same routes every day or week typically adopt the lump-sum technique. When the amount being put in use is constant, lump-sum payments could be desirable since they require fewer paperwork from both parties. However, a flat sum payment might not be sufficient due to shifting gas prices. Undercompensated workers in these circumstances have the right to contest the amount and demand full compensation.

What if My Company isn't Covering All of My Personal Automobile Costs?

Employers who underpay their workers for using their automobiles for personal purposes have the right to contest the amount of the reimbursement. Therefore, workers can demonstrate that the payment has been insufficient by providing documentation of their real costs. Workers may bring a wage and hour lawsuit if the employer does not make good on the discrepancy. Lastly, employees may bring a class-action lawsuit if their employer consistently refuses or fails to pay for their travel expenses.

Glendale Personal Injury Lawyer

If you need legal assistance with mileage reimbursement contact our office today for a consultation. Please feel free to give our office a call at 310.943.1171.

Workplace discrimination is prohibited in California. Employers who discriminate against a person because of a medical condition are breaking the law. They must make reasonable accommodations for employees with a medical condition unless doing so would cause excessive hardship. People subjected to illegal medical discrimination can sue their employer for monetary damages. The following commonly asked issues about lawsuits for discrimination against California workers based on medical conditions are addressed:

Is it Legal for a California Business to Refuse to Hire Someone with a Specific Medical Condition?

In most situations, it is illegal for an employer in California to reject to hire an applicant because of his or her medical condition or perceived medical condition. Discrimination in the workplace because of a medical condition is illegal under California state and federal law. Employers may have preconceived notions about a person's ability based on their worries or assumptions about their medical condition. According to the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against an employee because of a medical condition. The law requires that employers evaluate job applicants regardless of their actual or perceived medical issues. Employers must provide reasonable accommodations to an employee or applicant unless doing so would cost the employer undue hardship. Discrimination based on a person's medical condition is illegal in any area of work or hiring, including:

• Refusing to make a fair effort to accommodate you
• Refusing to engage in an interactive process with employees who require a reasonable accommodation in a timely and good-faith manner
• Refusing to employ
• Choosing not to participate in a training program
• Demotion
• Pay reductions
• Refuse a promotion.
• Refusal to reinstatement
• Benefits are denied.
• Forcing an employee to resign is a bad idea.
• Harassment
• Assign various responsibilities.

The Categories of Medical Illnesses That Are Exempt From Discrimination

A "medical condition" is defined as any of the following under the FEHA:

1. Any health problem caused by or linked to a cancer diagnosis or a cancer record or history.
2. Characteristics of the human genome "Genetic traits" means one of the following for this section:
3. • A scientifically or medically identifiable gene or chromosome, or combination of genes or chromosomes, that is known to cause diseases or disorders in a person or in his or her offspring or that is statistically associated with an increased risk of causing disease or disorders but is not currently associated with any symptoms of any disease or disorder.
   • Inherited characteristics that may be inherited from an individual or a family member, that are known to be a cause of disease or disorder in a person or his or her offspring, or that have been determined to be associated with a statistically increased risk of developing a disease or disorder, but are not currently linked to any disease or disorder symptoms.

Genes or chromosomes that suggest a higher chance of diseases like cancer, heart disease, or Lou Gehrig's disease are examples of genetic disorders. An employer may discriminate against a genetically predisposed employee because the employer believes the individual may require medical leave or time off. Medical illnesses and mental or physical disability may coexist. Any mental or psychological problem or condition that impairs a major life activity is considered a "mental disability." Limitations are set without consideration for mediation, assistive technology, or reasonable adjustments.

Chronic diseases or medical disorders that cause mental impairments include:

• Bipolar disorder
• Clinical depression
• Schizophrenia
• OCD
• Anxiety
• Dementia

Disfigurements or diseases that impair the body and limit significant living activities are called "physical disabilities." This includes the following:

• Physiological disease
• Disorder
• Condition
• Cosmetic disfigurement
• Anatomical loss

Physical disabilities encompass both long-term and short-term conditions, such as:

• Impaired eyesight
• Impaired hearing
• Impaired speech
• Chronic diseases
• Hepatitis
• HIV/AIDs
• Diabetes
• Loss of a limb
• Cancer
• Pregnancy and childbirth

Contact Our Office for a Consultation Now

If you or someone you know has been diagnosed with a medical condition and is facing employment difficulties, please feel free to call our office at 310.943.1171. Do not hesitate to contact KAASS LAW if you have questions about California disability discrimination laws or discuss your case confidentially with one of our experienced California employment law attorneys.

In California labor law, a "implied employment contract" is an agreement between you and your employer that is developed via both parties' behavior rather than through paper. The "at-will" rule states that unless an employer and employee have agreed otherwise, either party may end the employment relationship at any moment, for any reason or no reason.  However, if your employer fires you despite an implicit contract for continuous employment, you may be able to claim for damages under California's wrongful termination laws.

In California, What Does it Mean to Have an Implied Employment Contract?

An implied contract is a legally binding agreement that is made by the actions of the contracting parties rather than being written down. In the context of employment law, an implicit contract often refers to an agreement between the employer and the employee not to fire the employee without cause. Employees who do not have an employment contract or a collective bargaining agreement in California face the risk of being fired at any time, regardless of whether there is a legitimate reason. This is referred to as the "at-will" employment policy. An implicit employment contract, on the other hand, is an exemption to the at-will employment rule. (Wrongful termination in violation of public policy is another exemption.) If you can establish that your employer's previous actions generated an implied contract not to terminate employment without cause, you can claim for wrongful termination if you lose your job in a way that violates that contract's provisions.

How do I Show that my Employer and I Have an Implied Contract?

The conduct of your employer, that is, its actions, creates an implied contract. As a result, evidence of your employer's behavior is the best approach to prove the existence of an implicit contract between you and your employer. California courts are obliged to consider all of the conditions of the employee-employer relationship when determining whether or not an implied employment agreement exists. The following are some of the most important factors to consider when determining whether you and your employer had an implicit employment contract:

• The general personnel policies and procedures of your employer
• The amount of time you had spent working for that company.
• Employer actions or statements ensuring you that you will be employed in the future
• Practices in the field in which you were employed.

What Damages Can I Recover in a Wrongful Termination Lawsuit Based on an Implied Contract?

If you sue your former employer for wrongful termination under the implied employment contract basis, your damages will usually be restricted to the implied contract's worth. As a result, the damages for a breach of an implied employment agreement will be as follows:

• The amount you would have earned from your employment up until the day you received your court judgement, including the worth of any benefits and potential wage rises
• The present value of the amount you would have earned from your employer (including benefits and pay increases) from the date of your court verdict for as long as the employment might reasonably have been expected to continue
• The amount you may have made in the same time period from other jobs that were substantially similar.

Many employees who are suing their employers for breach of implicit employment contracts are surprised by the last item on the list above. Plaintiffs in contract litigation in California must "mitigate damages," which means they must try to recoup the money they lost because the other party to the contract broke their promise. That means that, in wrongful termination cases based on an implied contract basis, your damages may be reduced by the amount you could have earned in another job after you were dismissed, if your employer can establish that:

• You had the opportunity to work in a job that was very comparable to your previous one.
• You were unable to find and keep such a work.

More Info and Deadlines

The statute of limitations for launching a wrongful termination action based on a breach of an implicit employment contract is two years from the date of termination. This may appear to be an interminable period. However, before to filing a lawsuit, you must conduct research and gather information to ensure that you can provide the strongest possible case. If you believe you have a case against a former employer for breach of implied employment contract, you should contact a wrongful termination lawyer as soon as possible in order to discuss your options and begin gathering evidence for your case. Feel free to give our office a call to schedule a consultation for your case at 310.943.1171.