Employee Rights

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...

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...

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...

Certain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is aga...

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...

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 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...

I've experienced Sexual Discrimination at Work. Now What do I do? Always remember that federal and state laws are in place to protect you from sexual discrimination at work. If you believe you have been a victim of sexual discrimination, it's important to know what to do. Here are the five step...

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...

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...

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...