Employee Rights

  Wrongful termination has occurred when a person has been illegally fired or laid off. California is an at-will state, which means employers can terminate an employee without providing cause or justification. Similarly, an employee may also quit anytime. However, wrongful termination is said to...

  Discrimination in the workplace is more common that we might think it is. An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof. In other words, he or she must show evidence that there was discri...

  The first question many may ask as they contemplate filing a wrongful termination lawsuit is what the average wrongful termination settlement might be. The answer, as always, is that the amount of the settlement, or the value of a wrongful termination case, depends on a number of factors as we...

  Employment lawsuits, particularly those that involve discrimination, could take a long time to get resolved. If you have been in any type of legal dispute, you know that any process involving the law and courts could move at a frustratingly slow pace. Typically, a discrimination lawsuit in a C...

  We all expect to be treated fairly and equitably at work. This not only means that we have a basic expectation of being treated with dignity and respect, but we also operate with the belief that all employees will be afforded opportunities for pay raises, promotions and other opportunities bas...

An employment lawsuit in California typically stems from a dispute that arises between an employer and an employee. This could be over harassment or discrimination in the workplace, a dispute over wages, retaliatory action or wrongful termination. The types of monetary damages you receive in an e...

  In California, employment is "at will," which means employers can terminate employees without giving cause or justification and employees can quit their jobs without providing cause or justification as well. But there are certain state, federal and local laws that prevent employers from firing...

Whether you work at Kroger, Office Depot, or any other business, having a place where you can share your concerns is vital. Employers often do not want their employees to have full knowledge of their rights because it works to their advantage: no employer wants to be sued for treating their emplo...

If you are an employee who is expected to call or text to learn on short notice whether you are needed for work (“On Call” Scheduling), the following information applies to you and your employment rights. What most employees think of as “on call” scheduling is also referred to as “predictive sche...

Compensation for Training If you are a California employer that uses interns, or provides training to individuals that could lead to employment, you run the risk of having these individuals qualify as “employees”. And with “employee” status, it may require you to comply with Labor Code require...

The Family and Medical Leave Act of 1993 (FMLA) With the employee landscape changing throughout the 1980s and early 1990s, Congress passed the Family and Medical Leave Act of 1993. At the time of its passage, among other findings, Congress recognized that: the number of single-parent househ...

The principles applied when determining whether or not time spent traveling is considered “hours worked” depend upon the kind of travel involved. Daily Commute. Typical employment requires an employee to commute from home to work, and back home at the end of the workday. The U.S. Department of...

What you need to know about implied contracts One of the ways to prove wrongful termination is with an implied contract.  When an employer does not abide by the terms of implied or oral contract and terminates an employee without “good cause”, it could be considered wrongful termination and you ...

California employers should ensure their piece-rate compensation practices comply with changes to the California Labor Code.

How is overtime and holiday pay effected by California Prevailing Wage Law? Under California Prevailing Wage Law, minimum wage standards are regulated for all workers performing on construction projects of $1,000 or more funded in whole or part by public funds. Wages are based on trade, craft o...

California employers should take employee requests for accommodations with extreme care. Whether the request is related to a mental or physical disability there are certain steps employers should take to ensure requests for accommodations are both considered and provided if they are determined ...

According to the EEOC, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employm...

The California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee and not an independent contractor in California unless the employer meets a new three-prong test. In Dynamex Operat...

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrim...

Visalia, California-based Family HealthCare Network (FHCN) will pay $1.75 million and provide other relief to settle a claim filed by the EEOC.  The suit claims the health care network failed to provide ...

Race discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their race or characteristics associated with race such as hairstyle, skin color or facial characteristics. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing A...

Answers to the most common questions about The Pregnancy Discrimination Act On October 31, 1978, The Pregnancy Discrimination Act was approved as an amendment to Title VII of the Civil Rights of 1964. This amendment outlines that discrimination on the basis of pregnancy, childbirth and related m...

Answers to the most common questions about The Family and Medical Leave Act (FMLA). FMLA stipulates that covered employers must allow an eligible employee to take up to 12 weeks of unpaid, job protected leave for specific family or medical reasons. Here are several questions and answers that will...