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In California, the Employment Development Department (EDD) administers unemployment benefits. According to EDD, to qualify for these benefits, you must be physically able to work, available for work, and ready to accept work. But the law does provide some flexibility for those who are temporarily unable to work due to a physical condition, including injuries from a car accident.

If you’ve been injured in a car accident and can’t work, it’s crucial to understand how this situation interacts with your eligibility for unemployment benefits. If your injuries prevent you from performing your regular job duties but you are willing to accept suitable work considering your physical condition, you may still be eligible for benefits. For example, if you previously worked in construction but are now limited to desk jobs due to your accident, you could potentially qualify.

However, navigating these waters can be complex. California’s laws and regulations regarding unemployment benefits are intricate, and understanding the nuances related to your specific situation can be challenging. The state looks at factors like your medical condition, your previous job, your current ability to work, and the availability of suitable work in evaluating your eligibility.

Receiving unemployment benefits after a car accident involves more than just understanding the law. You’ll need to interact with insurance companies, possibly negotiate with your former employer, and navigate the EDD’s bureaucratic processes.

The Process of Claiming Unemployment Benefits After an Auto Accident

Step 1: Gather Your Information

Before you begin the application process, it’s essential to gather all necessary information. This includes your Social Security number, driver’s license number, details about your employment history, and medical documents pertaining to your car accident. Ensuring you have all relevant information at hand will streamline your application process.

Step 2: File Your Claim

In California, you can file your unemployment claim online, by phone, by mail, or by fax. The fastest way is usually online through the EDD’s website. Be prepared to provide details about your last employer, your earnings, and the reason for your unemployment. Remember to mention that you are unable to work due to injuries sustained in a car accident.

Step 3: Register with CalJobs

Registering with CalJobs, California’s online job search portal, is usually a requirement. However, if you’re temporarily unable to work due to your injuries, you may be exempt from this requirement. Make sure to clarify your situation when filing your claim.

Step 4: Wait for Your Notice of Determination

After you’ve filed your claim, the EDD will review your application and send you a Notice of Determination. This document will state whether you are eligible for benefits and, if so, how much you will receive.

During this process, it’s vital to be aware of potential challenges you might face. One significant hurdle is meeting the EDD’s criteria for being “able and available” to work. As mentioned earlier, if you’re willing to accept suitable work considering your physical condition, you may still qualify for benefits. However, proving this can be a complex task, requiring careful documentation of your injuries, your job search efforts, and any job offers you may have received.

Another challenge is dealing with the EDD’s bureaucratic processes. Mistakes on your application, delays in receiving your Notice of Determination, or disputes over your eligibility can all complicate your claim. It’s crucial to stay organized, keep copies of all documents, and follow up regularly on your claim’s status.

Legal hurdles can also arise during this process. If your former employer disputes your claim or if you face potential discrimination due to your injuries, you may need to seek legal advice.

How a Personal Injury Claim Can Impact Your Unemployment Benefits

When you’re out of work because of an auto accident, you may consider two distinct paths for financial support: unemployment benefits and a personal injury claim. Unemployment benefits exist to aid those who are jobless through no fault of their own and are actively seeking work. A personal injury claim is a legal dispute that occurs when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.

So, how does filing a personal injury claim affect your eligibility for unemployment benefits?

Let’s start with a fundamental point: Compensation from a personal injury claim can impact your eligibility for unemployment benefits. The devil, as always, is in the details. If your personal injury compensation is classified as reimbursement for lost wages, it might be seen as income. This could, in theory, affect your unemployment claim. However, if the payment is for medical bills or pain and suffering, it is typically not considered income for unemployment benefit purposes.

Now, let’s add another layer of complexity: timing. If you receive a lump sum from your injury claim while you are also collecting unemployment benefits, you may need to report this to EDD. Depending on the specifics of your case and how the settlement is structured, this could influence your benefit amount.

In essence, the interplay between a personal injury claim and unemployment benefits is not a simple one-size-fits-all situation. Understanding these nuances requires a deep dive into the specifics of your case and a comprehensive understanding of California law.

And this is where we come in. As a personal injury law firm, we at PARRIS have the necessary expertise to guide you through this complex intersection. We can help navigate the intricacies of your case, ensuring you understand how a personal injury claim could impact your unemployment benefits, and vice versa.

Potential Hurdles and Obstacles

The road to securing unemployment benefits after an auto accident is not always smooth. It’s more akin to a Californian freeway during rush hour—expect delays, detours, and occasional gridlocks. But with careful navigation, you can reach your destination.

Legal Hurdles

The law is vast and complex, filled with nuances and fine print that can trip up even the most careful reader. When it comes to unemployment benefits, the legal landscape can be particularly challenging.

One such challenge is meeting EDD’s criteria for eligibility. To qualify, you must be “able and available” to work. However, if you’re recovering from a car accident, this requirement might seem like a significant roadblock. Fear not. You may still qualify if you’re willing to accept suitable work considering your physical condition. Proving this willingness, however, requires careful documentation and potentially legal advice.

Employer-Related Hurdles

Then some obstacles could arise from your former employer. Imagine this scenario: You’ve filed for unemployment benefits, but your former employer disputes your claim, arguing that you left voluntarily or were fired for misconduct. This dispute can throw a wrench in your unemployment benefits claim.

Another potential hurdle is if your employer inaccurately reported your earnings to the EDD, leading to a lower calculated benefit amount. Or what if your employer classifies you as an independent contractor instead of an employee, potentially disqualifying you from benefits entirely?

These challenges can feel like running into a brick wall, but remember, there are ways around them. In each case, it’s crucial to have solid evidence on your side—documentation of your employment, earnings, and the circumstances of your job loss.

When the Road Gets Bumpy, We Smooth It Out

We understand that the interplay between unemployment benefits and personal injury claims can be as complex as the Los Angeles freeway system. That’s why we’re here to guide you through every twist and turn, ensuring you don’t miss an exit or take a wrong turn.

So, if you find yourself unemployed due to a car accident, don’t navigate this road alone. There’s no need for you to become an overnight guru in personal injury law or the nuances of the EDD. That’s our job. Your job is to focus on your recovery.

Contact PARRIS Law Firm today. Let us handle the legal complexities so you can concentrate on what matters most—your health and well-being.

As the New Year begins, workers in Santa Clarita will wake up to a small but significant change: an increase in the minimum wage to $16 per hour. This adjustment, as reported by the Department of Industrial Relations (DIR), aligns Santa Clarita with the statewide minimum wage for California, which also increased as of January 1, 2024, to $16 per hour.

While some cities within the Golden State offer higher wages, Santa Clarita sticks to the state’s rate. For workers in Santa Clarita, your new minimum wage will be $16 per hour in 2024. However, it falls slightly short when compared to LA County’s minimum wage of $16.90.

Santa Clarita vs. LA County Minimum Wage

Despite being geographically nestled within Los Angeles County, Santa Clarita has aligned with the state’s minimum wage. In contrast, unincorporated areas of LA County have set their minimum wage at $16.90 per hour as of July 1, 2023.

The difference, albeit minor, is due to a critical distinction in governing laws. LA County has a county ordinance that allows it to set its own minimum wage for unincorporated areas, giving it the liberty to incrementally increase the wage each year. Santa Clarita, being an incorporated city, has opted to follow the state’s wage guidelines. This means despite its location within LA County, Santa Clarita isn’t subject to the county’s wage ordinance.

What does this mean for workers? If you’re employed in Santa Clarita proper, the city’s adherence to the state minimum wage applies to you. However, if your workplace falls within the unincorporated areas of LA County, you’re entitled to the slightly higher county minimum wage. Understanding these distinctions is vital in ensuring you’re receiving the correct compensation for your hard work.

Understanding Employee Exemptions and Overtime Laws

An exempt employee is one who is exempt from the state’s minimum wage and overtime laws. They’re typically salaried workers in executive, administrative, or professional roles. Nonexempt (or hourly) employees are paid at least the state minimum wage and are entitled to overtime pay for hours worked beyond a 40-hour workweek, and in California, hours worked beyond eight in a single workday.

California law requires an exempt employee must earn a minimum salary equivalent to twice the state minimum wage for full-time employment. Given the new minimum wage of $16 per hour, this means that an exempt employee must earn at least $66,560 annually (that’s $16 x 2 x 40 hours per week x 52 weeks). If you earn less than this, your employer is supposed to classify you as nonexempt.

What does this mean for workers? If you’re an exempt employee earning less than $66,560 annually, your employer is in violation of California law. You should be classified as nonexempt and entitled to the protections that status offers, including overtime pay.

In California, nonexempt employees are entitled to 1.5 times their regular rate of pay for all hours worked beyond eight in a day or 40 in a week, and for the first 8 hours worked on the seventh consecutive day of work in a workweek. Double time is owed for all hours worked beyond 12 in a day and beyond eight on the seventh consecutive day of work in a workweek. So, if you’re working more than these hours and not receiving overtime pay, your rights are being infringed upon.

Making Ends Meet: The Reality of a $16 Hourly Wage

The Santa Clarita Minimum wage of $16 sounds like a step forward. But what does it really mean for your annual earnings and standard of living?

Here’s the math: If you’re working full time, meaning 40 hours a week for 52 weeks a year (no vacations, remember), you’ll earn $33,280 annually before taxes. On paper, that might seem like a fair sum. But let’s apply some context.

California has one of the highest costs of living in the United States. The state’s housing costs are sky high, with the median home price over $800,000. Rent isn’t much better, with the average apartment going for over $2000 a month. Then there’s food, transportation, healthcare, and other essentials, which all tend to be more expensive than the national average.

So, where does a $33,280 annual income place you? Sadly, below the poverty line. According to the California Poverty Measure, a more comprehensive tool than the federal poverty line, a family of four in LA County needs an income of just under $40,000 just to cover basic expenses. And that’s assuming no major unexpected costs come up, like a car repair or medical bill.

The reality is stark: A $16 hourly wage can leave you scrambling to make ends meet. You might find yourself choosing between paying the rent and buying groceries, or skipping a doctor’s appointment to save on co-pays. It’s a precarious balancing act, and one missed step can lead to financial disaster.

This isn’t about painting a grim picture. It’s about facing the facts and fighting for fair compensation. If you’re working full time, you deserve a wage that not only keeps you above the poverty line but allows for a decent standard of living. Anything less isn’t progress—it’s perpetuating a problem.

Your Rights and Recourses

California law provides robust protections for workers, and if your employer isn’t paying you appropriately, you have options. For starters, you can file a wage claim with the California Labor Commissioner’s Office. This office serves as an advocate for workers and has the power to investigate employers and enforce labor laws. If your claim is validated, they can recover your unpaid wages plus penalties from your employer.

Alternatively, you can take legal action. California law allows workers to sue their employers for unpaid wages, and if you win, you could potentially recover not only your unpaid wages but also interest and attorney’s fees. It’s not a step to be taken lightly, but it’s there if you need it.

It’s important to remember that retaliation is also illegal. Your employer cannot fire, demote, or otherwise punish you for asserting your rights. This includes reducing your hours, changing your shift, or moving you to a less desirable location. If they do those things, that’s another violation you can add to your claim or lawsuit.

Knowing your rights is the first step to asserting them. The second step is not being afraid to seek help. Whether it’s consulting with a lawyer, reaching out to a union representative, or simply talking to a trusted mentor, don’t hesitate to lean on others for support.

If your employer isn’t paying you the minimum wage or overtime you’re entitled to, you have the right—and the means—to demand fairness. Stand up for your rights. Seek help if you need it.

Your Wage, Your Rights

The Santa Clarita minimum wage increase to $16 an hour in 2024 is a step in the right direction but it’s not quite enough for a comfortable life in California. If you’re an exempt employee earning less than $66,560 annually, you should be classified as nonexempt and entitled to overtime pay. Working more than eight hours a day or 40 hours a week without receiving overtime pay is not just unfair, it’s illegal.

If you find your paycheck falling short of these standards, it’s time to take action. You have rights. You deserve fair pay for your hard work. And if your employer isn’t playing by the rules, they need to be held accountable.

That’s where PARRIS Law Firm steps in. Our team of seasoned employment law attorneys is ready to help you fight for what you’re owed. We can guide you through the process of filing a wage claim or even taking your employer to court if necessary.

So, if you’re tired of struggling to make ends meet on a wage that’s less than you deserve, reach out. Contact PARRIS Law Firm for a free consultation today. Your rights are worth fighting for, and we’re ready to help you win the battle.

NOTE: This article was originally published in March 2021. In August 2021, an Alameda County judge ruled Prop 22 unconstitutional, which you can read about in a separate article here. Read more about the original Proposition 22 ballot measure passed in 2020 in the article below.

Independent contractor rights have been a hot topic recently. With a global pandemic and historic job losses, many individuals were forced to take on gig work. The problem with gig work is that it provides no benefits.

But that changes with California Proposition 22. California voters approved it in the November 3, 2020 election and became law in December, granting rights to some California gig workers.

What is Prop 22?

In 2019, Uber, DoorDash, and similar app-based companies were required to classify drivers as employees under the AB 5 law. Until now, the companies classified their drivers as independent contractors, which meant the gig workers did not have a right to a minimum wage and other benefits.

Prop 22 was an initiative to undo parts of AB 5 and keep app-based delivery delivers and rideshare drivers as independent contractors. This initiative was largely funded by the gig economy companies who threatened to stop operating in California altogether if they were to be forced to classify gig workers as employees.

It passed, but it applies only to app-based delivery delivers and rideshare drivers. If you are a gig worker or any other independent contractor, you may still be misclassified.

Classifying employees correctly is a fundamental part of California employment law and the federal Fair Labor Standards Act (FLSA). If an employee is incorrectly classified as an independent contractor, the employer has to pay back wages and hefty penalties. Maintaining gig workers as independent contractors relieves employers of the burden of overtime, minimum wage, and providing benefits.

California Prop. 22 Passed. What’s Next? 1

New Rights for App-Based Workers

Despite remaining independent contractors, some app-based delivery delivers and rideshare drivers will be entitled to some protection under the law that would normally only be available to employees. Some of them represent significant advancements in independent contractor rights.

Earnings Guarantee

Prop 22 guarantees a wage floor for drivers, much like a minimum wage. Averaged over a two-week period, drivers must make 120% of minimum wage plus 30 cents per mile. If they do not meet that minimum, the company has to provide the difference. This does not include tolls, tips, or airport fees. This also applies only to time logged when a driver accepts a ride through the drop-off, commonly referred to as engaged time.

Healthcare Subsidy

Each driver is entitled to a healthcare subsidy if they work at least 25 hours per week. The time is averaged over a quarter and only includes engaged time. The amount a driver can receive is 82% of the average cost of a Covered California Bronze plan, or roughly $367 per month.

Workers’ Comp (Almost)

Gig workers who drive for an app-based company will receive some coverage for on-the-job injuries. Described as occupational accident insurance, this coverage is similar to but not exactly the same as workers’ compensation insurance. Medical expenses and disability benefits related to on-the-job injuries will be covered for gig workers in limited circumstances.

Not All Gig Workers are Included

Many gig companies see this as a win, while gig workers see it as a setback. Gig workers get some rights from it, but it is more restrictive than AB 5. This leads to some gig workers missing out.

Most gig workers should be classified as employees even after Prop 22, which applies only to app-based delivery delivers and rideshare drivers. App-based delivery drivers and rideshare drivers are the only gig workers who will receive additional benefits under Prop 22.

Protect Your Rights

Even after Prop 22 you may still be misclassified as an independent contractor. Employers often benefit from misclassifying employees as independent contractors. The same can be said for gig economy companies who benefit from it. They can continue to classify app-based delivery delivers and rideshare drivers gig workers as independent contractors in order to avoid paying taxes and offering benefits.

PARRIS employment law attorneys regularly represent independent contractors like you in your fight against your employer. Our goal is to protect your rights and help you collect the wages you deserve. Contact us today for a free review of your case if you believe your employer is misclassifying you as an independent contractor.

We’ve previously covered Prop. 22 in detail, including why it’s important. As a quick refresher, Prop. 22 was a 2020 ballot initiative to undo parts of California’s independent contractor classification law, Assembly Bill 5. AB 5 required app-based companies to classify drivers as employees. This meant drivers were entitled to benefits, minimum wage, workers’ compensation coverage, and meal and rest breaks, among other items. Prop. 22 sought to undo that classification and return app-based drivers to independent contractors.

Why was Prop. 22 Ruled Unconstitutional?

Under Prop. 22, rideshare drivers and similar gig workers would be classified as independent contractors instead of employees. Though this, it granted app-based drivers limited benefits, including a wage floor, a healthcare subsidy, and a limited version of workers’ comp, independent contractors receive significantly fewer benefits than employees under California law. Upon examining the law, Alameda County Superior Court Judge Frank Roesch took issue with Prop. 22’s wording, which appeared to benefit rideshare companies at the expense of their workers.

For one, it prevented gig workers from unionizing. In the judge’s own words, the law “appears only to protect the economic interest of the network companies in having a divided, ununionized workforce, which is not a stated goal of the legislation.” In reality, it prevents workers from having access to any rights that the California legislature says they should have.

Secondly, it had a clause that made it very difficult to change the law. This clause required a seven-eighths majority in the legislature to make any changes. Not only is this clearly biased toward ridesharing companies, but it could also be a violation of California citizens’ right to change laws.

Lastly, the judge noted that it unconstitutionally restricted the state legislature from making gig workers eligible for workers’ compensation. This is a clear violation of the California Constitution.

By declaring it unconstitutional, the judge rendered it unenforceable, as legislators cannot separate the unconstitutional clauses from the rest of the law.

What Now?

Major rideshare companies were the financial muscle behind the push to pass Prop. 22. Those same companies will almost certainly appeal this ruling. Some of these companies have even stated publicly that they will continue to adhere to Prop. 22, meaning that they will continue to treat gig workers as independent contractors, not employees.

So if you’re a gig worker, you may have legal options to collect compensation from your employer for every minute you’re on the clock. Under AB 5, rideshare drivers are employees. If you aren’t getting a minimum wage, overtime, benefits, and workers’ compensation, you need to speak with a lawyer right away.

Gig Workers Have Rights — Let Us Protect Yours

If you’re a misclassified gig worker, you may be eligible for compensation for lost wages, overtime, and more. Contact PARRIS today to speak with an experienced California employment lawyer who can protect your rights.