Law Offices of Choi & Associates Law Offices of Choi & Associates 2026-04-13T14:29:15Z https://www.choiandassociates.com/feed/atom/ WordPress /wp-content/uploads/sites/1303724/2024/03/cropped-favicon-choi-1-32x32.jpg On Behalf of Law Offices of Choi & Associates <![CDATA[What to know before you sign a severance agreement in California]]> https://www.choiandassociates.com/?p=46734 2026-01-17T04:21:23Z 2026-01-17T04:21:23Z “Silenced No More” protects you California law prevents an employer from coercing you to sign a non-disclosure agreement (NDA) that prevents you from discussing factual information about matters like retaliation, discrimination and workplace harassment. So if you notice a clause that suggests something along the lines of “hush money”, remember that the severance agreement may be partially unenforceable or legally deficient.

Remember the Section 1542 Waiver

If you suspect you have been subject to unpaid overtime, misclassification or even wrongful termination, look for the waiver of Civil Code Section 1542 and do not sign it. If you do, you will agree to forgo your right to sue for claims that you might not be aware of.

Avoid the “wages due” trap

Some employers may try to force you to sign a severance agreement by withholding your final paycheck but in California, they are legally required to pay all earned wages and cumulative vacation time immediately upon termination. Severance is paid in addition to what they already owe you.

Legal counsel is key

A severance agreement is a legally binding document that you have to review carefully. If you sign it immediately, you may lose valuable rights. Consult a lawyer to analyze your agreement.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[2025 California Labor Law Updates]]> https://www.choiandassociates.com/?p=46717 2025-01-10T22:15:41Z 2025-01-10T20:53:16Z Protections under California labor laws California's labor laws provide protections that are often more comprehensive than federal laws. The minimum wage, for example, is higher than the federal minimum and varies by city and county. The state also mandates meal and rest breaks, allowing a 30-minute meal break for workers who work more than 5 hours and a 10-minute rest break for every 4 hours. Additionally, California offers strong protections against discrimination and harassment in the workplace, and supports employees with generous family leave policies, including paid sick leave and expanded family and medical leave benefits. These laws help to better ensure that workers are compensated fairly for their time, treated with respect in their work environment, and supported during significant life events.

Updates to the law in 2025

One of the reasons California’s labor laws are so progressive is the fact that they are constantly evolving. Every year, lawmakers add new or adjust current laws to better ensure employees are protected within the workplace. Notable changes this year include the following:
  • Increase to minimum wage: As in previous years, lawmakers have increased the state’s minimum wage for most workers from $16 per hour in 2024 to $16.50 per hour in 2025 to better account for inflation.
  • Protection for independent contractors: A new law requires employers to provide a written contract for independent contractors that outlines the payment and terms of the agreement. It also requires full payment by the due date or, if the agreement does not specify a due date, within 30 days after completion.
  • Paid family leave: Lawmakers changed a prior law that required California workers use up to two weeks of paid vacation time before they could begin to receive California Paid Family Leave Program benefits. Another change increases the amount workers receive while on leave from 70% to 90% of their annual pay. This applies to workers who make less than $63,000 annually.
  • Paid sick leave: Changes also include an expansion for paid family leave for employees who help a family member who is the victim of a crime, including instances of domestic violence.
These are just a few of the most recent changes.

Steps to take when workers’ rights are violated

Whether from a lack of knowledge or an intentional violation, workers have options if an employer violates these labor laws. Workers who find themselves in this situation are wise to keep detailed records of the incidents to support potential legal actions. It is important to follow proper protocol when reporting the issue. This often involves starting by discussing the issue with your HR department. If that does not resolve the issue, you may need to move forward with further legal action.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[What are California’s pay transparency laws?]]> https://www.choiandassociates.com/?p=46713 2024-10-01T03:31:34Z 2024-10-01T03:31:34Z You've probably heard the term "pay transparency" before. But do you understand what it means and how it affects you? Today, we'll guide you through California's pay transparency laws, the benefits of these regulations, and how you can request pay scale information.

What is pay transparency?

Pay transparency is when employers make compensation figures clearly visible to employees and job applicants. This can mean posting salary ranges in job ads or having open discussions about compensation within the company.

California's pay transparency laws

California has been at the forefront of advocating for employee rights and pay transparency. Here's what you need to know about the local laws:
  • As of 2018, California employers cannot ask about your salary history, which helps prevent perpetuating historical pay disparities.
  • Starting January 2023, all employers with 15 or more employees are required to include the pay scale for a position in any job posting.
  • Employers must provide the pay scale for a position to an applicant applying for employment upon reasonable request.
  • Current employees can also request the pay scale for their current position.
These laws are designed to create a more equitable workplace where compensation is based on the role, experience, and performance rather than previous pay scales that may reflect biases.

Benefits of pay transparency

The move towards pay transparency offers several advantages:
  • Promotes equality: Helps close the gender and racial wage gaps.
  • Enhances negotiation: Gives you data to negotiate better salaries.
  • Improves satisfaction and engagement: Transparency in pay practices can lead to higher job satisfaction and employee engagement.
  • Attracts talent: Companies that are transparent with pay are often more attractive to prospective employees.
Understanding these benefits can empower you as you navigate your career and negotiations with current or prospective employers.

How to request pay scale information in California

If you're curious about pay scales either for a potential new job or your current position, here's how you can request this information:
  • For job applicants: During the interview, you can ask the hiring manager or HR representative about the salary range. If it's not provided in the job posting, mention that you are making a "reasonable request" in compliance with California law.
  • For current employees: You can request the pay scale of your current position from your HR department or direct supervisor in writing or verbally.
Remember, your employer is legally obligated to provide this information, and you are entitled to know where you stand within your role's pay scale framework. This transparency helps ensure fairness and allows you to make informed decisions about your career advancement and financial planning.

Where to go from here

California's pay transparency laws are designed to foster an open and equitable working environment. By understanding and utilizing these regulations, you can better advocate for yourself and contribute to a more just workplace culture. If you have questions about how these laws apply to you or need guidance on discussing pay with your employer, consider consulting with an employment law attorney. Remember, being informed is your best tool in navigating your career and ensuring your compensation reflects your value and dedication.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[What is California’s Equal Pay Act, and how does it protect workers?]]> https://www.choiandassociates.com/?p=46712 2024-09-30T20:54:18Z 2024-09-30T20:54:18Z Protections included in the law The California Equal Pay Act includes several measures to ensure fair compensation. These include:
  • Substantially similar work: Employers must pay equal wages for jobs that require similar skills, effort and responsibility.
  • Broad comparison scope: Employees can compare their pay with others across different locations within the same company.
  • Legitimate justifications: Employers must prove any pay differences are based on seniority, merit or other job-related factors, not on sex, race or ethnicity.
  • Anti-retaliation protections: The law makes it illegal for employers to retaliate against workers who discuss wages or file complaints.
  • Recordkeeping: Employers must maintain wage records for three years, ensuring transparency and accountability.
These measures help create a more equitable workplace by addressing and correcting wage disparities.

When and how do I file a claim?

If you are paid less than a colleague for substantially similar work, you must file your claim within two years of the violation or three years if the violation is willful. Each paycheck reflecting unequal pay is considered a separate violation, which can affect the filing deadline. To file a claim, you can go to the California Labor Commissioner’s office or file an action in court. The state will investigate your claim and determine if a violation occurred. If they find an infraction, they will demand remedies from the employer. If the employer does not comply, the Labor Commissioner may file a civil action on your behalf. Working with an experienced employment law attorney can help protect your rights and ensure fair compensation. They can guide you through the claims process and help you gather the necessary evidence to support your case.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[More overtime pay for hardworking Americans]]> https://www.choiandassociates.com/?p=46707 2024-05-03T20:44:32Z 2024-05-03T20:44:32Z in a press release. “This rule establishes clear, predictable guidance for employers on how to pay employees for overtime hours and provides more economic security to the millions of people working long hours without overtime pay.”

Understanding the Overtime Rule Change

Here's a brief rundown of the details:
  • Raises the pay threshold: Right now, if you make $35,568 a year or less, you get paid extra for overtime work. After July 1, the overtime threshold goes up to $43,888 a year. That threshold jumps to $58,656 in 2025.
  • Fairness for hard work: Acting Secretary Julie Su said this new rule better ensures people get paid for their extra hours.
  • They listened to the people: The DOL talked to businesses, workers and unions, listening to what more than 33,000 people had to say.
  • It will stay up to date: The DOL will revisit the regulation every three years to make sure the amount of money remains fair, ensuring that the overtime rules keep up as time goes on and things get more expensive.

Employer not compliant?

Workers may find that employers are not aware of the upcoming changes. If the company does not change or is unwilling to change, workers are within their rights to notify the DOL and get the wages owed to them. They may also wish to get legal guidance from an attorney who handles wage violations.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[Castillo V. Sheraton Operating Corporation – Preliminary Approval]]> https://www.choiandassociates.com/?p=46125 2024-04-04T15:19:15Z 2019-02-06T05:53:02Z Amended Settlement Agreement Amended Preliminary Approval Order Further, pursuant to the Court’s Order, a copy of Plaintiff’s Motion for Approval of Attorney’s Fees, Costs and Representative Enhancement can be downloaded using the following link: Motion for Approval of Attorney’s Fees, Costs and Representative Enhancement The Final Approval/Fairness Hearing has been set for August 22, 2019 at 10:00 a.m. in Courtroom 6D of the United States District Court located at 350 W. 1st Street, 6th Floor, Los Angeles, CA  90012, before the Honorable Fernando M. Olguin. If you have any further questions, please call our office at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or email edward.choi@choiandassociates.com.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[Final Approval Granted In A $649k Class Action Settlement For Disability Discrimination]]> https://www.choiandassociates.com/?p=46127 2024-04-04T15:19:58Z 2016-08-25T04:55:04Z On Behalf of Law Offices of Choi & Associates <![CDATA[Final Approval Granted In A $11 Million Class Action Settlement For Unpaid Meal/rest Breaks!]]> https://www.choiandassociates.com/?p=46128 2024-03-05T06:04:39Z 2016-08-16T04:56:24Z On Behalf of Law Offices of Choi & Associates <![CDATA[Judgment Obtained In Wage And Hour Individual Case For $89,193.60]]> https://www.choiandassociates.com/?p=46129 2024-04-04T15:20:29Z 2015-12-25T05:58:10Z Plaintiff worked as a caregiver for Defendant for a little over 2 years.  She was paid paid on a flat daily salary of $108 to work 24 hour shifts.  Plaintiff sought damages for (1) Unpaid minimum and overtime wages pursuant to Labor Code section 1194; (2) meal and rest break penalties pursuant to Labor Code section 226.7; (3) waiting time penalties pursuant to Labor Code 203; (4) wage statement penalties pursuant to Labor Code 226; and (5) interest pursuant to Labor Code 1194 for a total of $89,193.60.  The case went to trial in front of Honorable Steven J. Kleifield in Department 53 of the Los Angeles Superior Court.  Plaintiff was represented by Edward W. Choi of the Law Offices of Choi & Associates.  After presenting evidence, the case being argued and submitted to the Court for decision, the court entered judgment in favor of Plaintiff in the amount of $89,193.60.  Plaintiff will also seek attorney’s fees and costs in a separate motion. The case number is BC 555114.]]> On Behalf of Law Offices of Choi & Associates <![CDATA[6 Figure Settlement For Unpaid Final Commission Wages, Business Expenses And Penalties]]> https://www.choiandassociates.com/?p=46126 2024-04-04T15:20:46Z 2015-12-25T05:53:09Z Two individual Plaintiffs worked as outside sales employees.  Plaintiffs alleged that they were not paid their final commission wages.  Plaintiffs’ commission agreement contained a clause that they would only be paid commissions when the Defendant collected payment on the sales generated by Plaintiffs.  Their commission agreement also contained a clause that they would only be paid commissions during their employment.  Plaintiffs allege that they were entitled to commissions for sales generated during their last month of employment, even though Defendant did not collect payment until after their termination of employment.  Plaintiffs alleged that the clause in the commission agreement was an unlawful forfeiture of post-termination commission wages in violation of California Civil Code §1442. Plaintiffs also alleged that they were entitled to business expenses.  They were both required to drive their personal vehicles and utilize their cell phones to carry out their duties as outside sales employees. One Plaintiff was not provided with any reimbursement for his business expenses.  The other Plaintiff was provided with a car allowance, but alleged that the car allowance did not fully compensate him for all of the miles that he drove for the Defendant as required by the California Supreme Court’s ruling in Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554.  Plaintiffs also sought penalties pursuant to Labor Code section 203 for late payment of each of their commission wages that they earned during their employment and pursuant to Labor Code section 226 for wage statement violations. To protect confidentiality, the names of the parties and case number are not being disclosed.]]>