Unpaid internships are beneficial to students and can sometimes be somewhat beneficial to employers.   However, employers must be careful when hiring workers as interns who will not be paid.   California law follows federal law regarding paid internships.   The legal requirements for unpaid interns is as follows and each element must be met.   If any element is not met, the worker is an employee who must be paid at least minimum wage, overtime if applicable, etc., etc.

1.   The intern cannot displace a regular employee.
2.  The intern is not guaranteed a job at the end of the internship.  
3.  The company and intern understand that the intern shall not be paid for his/her work during the internship.
4.  The intern must receive training from the company.
5.  The intern must receive hands on experience with equipment and processes of the industry.
6.   The intern's training must primarily benefit the intern and not the company.   

It is best for the company to have a well written agreement which sets out the term of the internship, the fact that the intern shall not be paid, will receive training, etc.   The Law Office of Kristine S. Karila drafts such contracts and consults with employers to guide them with internships so as to prevent being sued for unpaid wages, etc. or being audited by the state.  

If you are a worker who was considered to be an unpaid intern and any of the above elements was not met, call Kristine S. Karila, Employment Law Attorney for a free phone consultation.   949-481-6909.  

As of January 1, 2017, California state minimum wage increased to $10.50 per hour.   This only applies to employers of 26 employees or more.   Employers with less than 26 employees have one year to comply.   Many cities have raised the minimum wage to over the state minimum wage.   

On March 31, 2016, the California legislature passed a bill to raise the state's minimum wage to $15.00 per hour.
The increases occur gradually/yearly unless there is an economic downturn.
As of January 1, 2017, employers of 25 or more are required to raise the minimum wage to $10.50 per hour (minimum wage is currently $10.00 per hour.)    
Importantly, employers of 25 or less employees have until January 1, 2018 to comply.
Each January 1, the minimum wage will increase $1.00 until it is $15.00 which should occur on January 1, 2022.   The Governor can stop the increases upon an economic downturn.   

Governor Brown is set to sign the bill on Monday, April 4, 2016.

Importantly, for any employee to be exempt from overtime, meal/break laws, etc., he/she must earn at least double minimum wage (and meet many other requirements - see blog regarding exempt or nonexempt employees on this website.)     As such, although employers who pay their employees over the minimum wage required in California, they must make sure their exempt employees' wages are at least double minimum wage for the employee(s) to remain exempt.  

Contact Law Office of Kristine S. Karila with any California labor and employment law issues.   Ms. Karila has been practicing law in Orange County, California for 24 years.   Our office represents employees, employers and independent contractors.   A free initial phone consultation is offered.   Call (949) 481-6909.   

Copyright 2016 Law Office of Kristine S. Karila

There are many common misunderstandings about California employment law.   California has very strict and nuanced labor and employment laws.   The following is a list of common questions or misunderstandings.   Call Law Office of Kristine S. Karila for your California employment law matters.   

1.   At-will employment does not require an agreement signed by the employee in which the employee agrees to be at-will.

2.   FMLA (Family Medical Leave Act/CFRA) does not protect an employee from being fired, demoted, etc. if the employee would be fired, etc. for reasons other than their request for FMLA leave.  

3.   An employer is not required to provide any warning or write-ups before firing an at-will employee.

4.   Just because an employee is paid on a salary basis instead of hourly, does not mean he/she is exempt from overtime.  Many times, an employee is misclassified as exempt and should be paid overtime.  

5.    When employment is terminated by the employer (fired or layoff,) the employer may not wait until the next pay day to provide the final paycheck.   There are strict laws in Calif. about when final paychecks are due.   See my blog about this.  

6.   "Hostile workplace" is a legal term of art.   A boss who is rude, criticizes an employee in front of others, etc. is not doing anything unlawful unless the behavior is BECAUSE of a protected class (race, gender, religion, age if over 40, disability, pregnancy, etc.) or if it is BECAUSE of retaliation for an employee's assertion of a legal right (overtime pay, etc.) or if it is BECAUSE the employee is a whistleblower (another legal term of art with a specific definition - see my blog about this.)

California employers, regardless of how many employees they have, are legally required to provide unpaid time off to any employee who appears in court to attempt to obtain a restraining order or other injunctive relief to protect his/herself or his/her child(ren.)   It is unlawful to terminate an employee because he/she needed time from work to appear in court because of domestic violence, sexual assault or stalking related matters.   The employee has a duty, however, to notify the employer of the need to appear in court and to provide reasonable advance notice, if feasible.  

Employers who have 25 or more employees are subject to additional laws in California relating to employee victims of domestic violence, sexual assault and/or stalking.   For employers of 25 or more employees, the employer must provide unpaid time from work to seek medical or psychological help relating to domestic violence, sexual assault and/or stalking.   Also, the employer must provide unpaid time from work for the victim employee to seek the services of a shelter, program or to participate in safety planning related to domestic violence, sexual assault and/or stalking.

If an employee misses work because of domestic violence, sexual assault and/or stalking, it is unlawful to fire the employee but the employer may require the employee to provide a certificate of a police report relating to the employee as a victim of sexual assault, domestic violence or stalking or to provide a document from a licensed medical practitioner, counselor or court order protecting the employee from domestic violence, sexual assault and/or stalking.

If you are an employee who is a victim of domestic violence, stalking or sexual assault or if you are an employer who employs a victim of domestic violence, stalking or sexual assault, call Law Office of Kristine S. Karila to discuss.   Domestic violence and other laws in California labor law are unique and nuanced.   949-481-6909.

I have heard many people say that they believe the law limits what a former employer can say to a prospective or new employer.  They usually tell me that they think a former employer can only provide the dates an employee was employed by them and the amount of wages earned.   However, this is untrue.

The First Amendment of the USA Constitution provides free speech to us all.   There are limitations, of course, however.

An employer is only restricted in its communication to a potential or new employer or anyone else IF there is a written contract (example:  severance agreement, settlement agreement, etc.) in which the employer agreed to provided limited information (dates/salary, etc.) to prospective employers.    
Also, if a former employer (or anyone) communicates to a third party "knowingly false" information AND the former employee is damaged by the falsehood (gets fired, etc.,) the employee may have a case of defamation.   The person claiming defamation has to prove that something was communicated about him/her that was knowingly false.   

Many employers have a policy in which they provide only limited information to prospective employers because they have been advised by their legal counsel to do so to avoid lawsuits based on defamation and other grounds.   However, a company's policy does not create a law and the employer can still say whatever they want to say since they enjoy free speech.   

If you are an employer and would like consultation about company policies or laws regarding labor and employment law or if you are an employee or former employee with employment law questions or issues, call Law Office of Kristine S. Karila.   (949) 481-6909.   Ms. Karila has been practicing law in California since 1992 and specializes in labor and employment law.  

Many employers have policies in which they allow employees to take leave due to the death of a relative or friend.   However, there is no law that requires an employer to provide such leave.   Some people confuse the new California law regarding paid sick leave with bereavement leave.   But, the paid sick leave law requires an employer to provide paid sick leave to employees to care for their own health, or that of a spouse, child, sibling, parent or grandparent.   But the paid sick leave law does not extend to bereavement leave which occurs when a relative or friend has died.   Employers who voluntarily have paid vacation or PTO (not required by law) may allow an employee to use vacation or PTO, at their discretion or if their policy provides for it, but they are not required, by law to provide any bereavement leave, paid or unpaid.   

If you have any employment law issues, call Kristine S. Karila to discuss.   (949) 481-6909.   Ms. Karila has been practicing law in Calif. for 24 years.   

On January 1, 2016, California minimum wage increases to $10.00 per hour.   That means that all employers must pay their employees at least $10.00 per hour.   For employees to be exempt employees (for overtime purposes, etc.,) they must earn at least double minimum wage:  $20.00/per hour (and meet the other requirements.   See blog on this website about exempt employees.)     

If employees are earning at least $10.00 per hour, employers are not required to raise their wage unless a written contract requires it.   Call Law Office of Kristine S. Karila for advice about Calif. labor and employment law.   (949) 481-6909.   

​There is no law that requires an employer to pay an employee holiday pay (unless the employer and employee have signed a written contract providing for it.)    Also, if an employee works on a holiday, that time is treated like any other day and is not subject to extra pay, a special premium pay, etc.   However, if a nonexempt employee works over 8 hours in a workday which is a holiday OR over 40 hours in a workweek that includes a holiday, the employee is owed overtime.   See my blog on overtime on this website. 
 
 Employers are not required by law to close their business on any holiday and are not required to give employees holidays off of work.   The one exception to this rule is if the employer has 5 or more employees and an employee or employees ask for reasonable accommodation in the form of a holiday off of work for religious practices.  
 
Although there are no laws requiring special treatment of employees on holidays, many employers of California employees have holiday policies in which they give the employees federal holidays off of work and/or pay more than they are required to, etc.  This policy is discretionary and optional to the employer.   But, if the employer has advised employees that they will be paid for not working on a holiday, the employer may not change that policy AFTER the day has passed.   
 
It is also, of course, unlawful for an employer with 5 or more employees to discriminate against an employee based on a protected class.   See my blog about unlawful discrimination in the workplace – also part of this website’s blog. 
 
           
 
            If you are an employee or employer with questions or issues about holiday pay or any other employment law matter, call Attorney, Kristine S. Karila for a free initial phone consultation.   (949) 481-6909.
 
Copyright 2015 - Law Office of Kristine S. Karila 

While California has laws allowing the possession and use of a limited amount of marijuana for medical purposes, an employer of an employee who works mostly within the State of California can legally fire an employee for using medical marijuana.  


For instance, if an employer suspects that an employee is under the influence of drugs and performs a drug test which concludes that the employee had marijuana, even if issued legally/medically, in his/her system, the employer can legally fire the employee based on the results. 

The matter can be complicated if the employee claims that she/he was fired BECAUSE of his/her medical condition or disability, which is unlawful termination in California.  The employee would have to prove that he/she was fired BECAUSE of their disability or serious medical condition and not BECAUSE they tested positive for use of medical marijuana.  

As of the date of this writing (8/18/15), there are no laws which protect a California employee from being fired for medical marijuana use.