Employers’ Obligation To Provide Reasonable Accommodations In The Workplace In California
The California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) both mandate that employers make necessary and reasonable accommodations for qualified persons with disabilities, provided that the necessary accommodations don’t place an undue hardship on the employer. A reasonable accommodation, by definition, is any adjustment or modification to a job, […]
Transgender Discrimination In The Workplace In California
Transgender discrimination in the workplace has recently made national headlines. This is no new issue for California though. Prohibition of discrimination related to gender expression and gender identity has long been the goal of the golden state. The Department of Fair Employment and Housing has issued a new brochure entitled “Transgender Rights in the Workplace.”
Tip Credit System: Are You Receiving What You Are Entitled To?
In the employment law wage and hour niche, there are few actions more risky than the tip credit system. If you are unfamiliar with the tip credit system, the general rule is that tips do not belong to employers, they are the personal property of the employee. According to the Fair Labor Standards Act, employers […]
Wrongful Termination: Fired For Requesting Maternity Leave
Earlier this month, a complaint was filed in the U.S. District Court for the Northern District of California against Cisco Systems Inc. by a woman alleging she was subjected to wrongful termination after she requested maternity leave in advance. The complaint was filed by Diane Woodruff on June 24 alleging a violation of the Family […]
Am I An Employee Or Independent Contractor?
There are various reasons why being an employee or an independent contractor can be beneficial to both parties involved. There are other circumstances where the one being paid to perform work is at a disadvantage when classified as an independent contractor. The misclassified worker will likely not be compensated at a higher rate for any […]
Minimum Wage Set To Increase To $15 per hour
In April, Governor Jerry Brown signed SB3 into law. The new law increases California’s minimum wage each year until it reaches $15 per hour. This increase applies to employers with at least 26 employees on January 1, 2022. This makes for the highest statewide minimum wage in the United States. New York enacted a similar […]
Am I Entitled to Paid Sick Leave In California?
California’s new sick leave law took full effect on July 1, 2015. The new law requires that most employees be permitted to use, at minimum, 24 hours of paid sick leave a year, while the cap on the accrual of sick leave cannot be less than 48 hours. Several cities in California such as Oakland […]
Top Wrongful Termination Causes of Action
Being terminated from a job can be devastating. You may have even spoke with people who told you they were wrongfully terminated from their job. Although an employee may think he or she was terminated wrongfully, the circumstances in which a wrongful termination lawsuit can be brought against an employer are limited. Below are some […]
Wage and Hour Claims: Am I being properly compensated for the hours I work?
Wage and hour claims in California have been increasing in recent years due to changing employment laws and employee awareness. Still many employers fail to properly pay their employees for the hours they work. Although this may be intentional in some circumstances, many employers do not keep current with wage and hour laws and they […]
Professional Cheerleaders to be Treated as Employees Under New California Law
On July 15, 2015, Governor Jerry Brown signed Assembly Bill 202 into law. The Bill requires professional sports teams to treat professional cheerleaders as employees under the new California employment law. The aim of the new law is to provide more protection for cheer athletes in California from being paid less than minimum wage. The […]