When you're starting a new business, choosing the right entity type is important. You can choose a variety of entities: corporations, limited liability companies (LLCs), nonprofits, partnerships or even sole proprietorships. If you don't choose, your entity type will default to the entity most advantageous to the state.
Yes. Whenever an employee makes a good faith complaint of discrimination, employers are prohibited by the California Fair Employment and Housing Act from retaliating against the employee. This also includes workers who assist others in making such a complaint, opposing any FEHA violation, or even complaining of actions that turn out not to be prohibited by the FEHA, as long as the complaint was made in good faith.
In California, any tips you receive from a customer or patron are yours to keep. Unlike in other states, employers cannot deduct your tips as a credit against the minimum wage. Tips are fully your property, although you may be required to share the tips with other front-of-the-house employees who served the same customer.
The Unruh Civil Rights Act, passed in 1959, is one of California's great civil rights laws. It protects people from business discrimination based on a number of characteristics, including race, color, national origin, ancestry, language, immigration status, citizenship, religion, sex, sexual orientation, marital status, disability, medical condition, or genetic information.
Assembly Bill 51, which goes into effect on Jan. 1, prohibits employers from requiring, as a condition of employment, that their employees agree to arbitrate all disputes. Companies and employees can still voluntarily enter into arbitration agreements, but employees can't be required to sign them. When they choose not to sign, the employer cannot retaliate. The law does not invalidate existing arbitration agreements.
When Assembly Bill 5 was signed into law in September, it codified the California Supreme Court's decision in Dynamex Operations West v. Superior Court of Los Angeles County. That decision made it much more difficult to classify workers as independent contractors rather than employees.