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Employee Rights

Do’s and Don’ts of “On Call” Scheduling

Posted by Eric Kingsley | Nov 03, 2019 | 0 Comments

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...

Wages for Employee Training

Posted by Eric Kingsley | Oct 29, 2019 | 0 Comments

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...

When Travel Time Counts as Paid Time

Posted by Eric Kingsley | Oct 17, 2019 | 0 Comments

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...

Implied Contracts

Posted by Eric Kingsley | Oct 15, 2019 | 0 Comments

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 ...

Overtime and Holiday Pay Under Prevailing Wage Law

Posted by Eric Kingsley | Sep 08, 2019 | 0 Comments

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...

Protections Against Employment Discrimination

Posted by Eric Kingsley | Aug 06, 2019 | 0 Comments

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...

The Facts About Race Discrimination in the Workplace

Posted by Eric Kingsley | Jul 24, 2019 | 0 Comments

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...

Pregnancy Discrimination Act Q & A

Posted by Eric Kingsley | Jul 22, 2019 | 0 Comments

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...

The Family and Medical Leave Act – Q & A

Posted by Eric Kingsley | Jul 21, 2019 | 0 Comments

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...

Current Sexual and Workplace Harassment Laws in CA: 2019

Posted by Eric Kingsley | Jul 14, 2019 | 0 Comments

The #MeToo movement and numerous high profile workplace-relations lawsuits prompted new California employment laws that took effect on January 1, 2019. California employers and employees alike should take note of four notable sexual and workplace harassment laws detailed below. Don't hesitate...

New Laws for California Job Applications

Posted by Eric Kingsley | Jun 26, 2019 | 0 Comments

California's 2017-2018 legislative session ended with a significant number of new labor and employment laws enacted by both the legislature and Governor Brown. Two such laws effect employers and the processes and forms used to recruit new employees.  Below is a summary of two new l...

What is Religious Discrimination?

Posted by Eric Kingsley | Jun 02, 2019 | 0 Comments

Religious discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their religious beliefs or practices. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit religious discrimination in the workplace.  Th...

Sexual Discrimination During the Interview Process

Posted by Eric Kingsley | May 30, 2019 | 0 Comments

Interview Questions that are Illegal The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit employers from asking certain questions while vetting job applicants. These laws are in place, in part, to protect you against sexual discrimination dur...

Pregnancy Discrimination Law Facts

Posted by Eric Kingsley | May 28, 2019 | 0 Comments

Pregnancy discrimination occurs when an employee or female applicant is treated unfairly due to pregnancy, giving birth, or a medical condition due to pregnancy or childbirth.  Every year, thousands of women file pregnancy discrimination charges.  To help you, we will provide the basic facts that...

Gender Discrimination Violations

Posted by Eric Kingsley | May 22, 2019 | 0 Comments

Sexual discrimination occurs when an employer shows bias or distinction towards an applicant or employee on the basis of their gender.  Although the majority of sexual discrimination cases are directed towards women, both men and women are protected under The Civil Rights Act of 1964, Title VII a...

Same-Sex Harassment Protections In The Workplace

Posted by Eric Kingsley | May 19, 2019 | 0 Comments

Does Gender Matter? The answer is no. Sexual Harassment is not confined to male-female interaction.  It can also occur between members of the same sex, even when the perpetrator and the victim are not homosexual.  In recent years, a sharp increase in same-sex harassment complaints has caused soc...

Sexual Emails & Workplace Harassment

Posted by Eric Kingsley | May 13, 2019 | 0 Comments

Digital harassment is becoming increasingly prevalent and can range from a short, one line text message to sexually explicit videos or photographs. Today's technology allows for fast and easy delivery of these messages.  A sexual harasser can easily use a cell phone, tablet, laptop, or desktop co...

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