Category: Employment Law

Two ranking members of the U.S. Department of Labor recently discussed workplace retaliation against employees who file wage-related complaints, sending this strong and unequivocal message to employers in California and elsewhere across the country: Don’t do it. In fact, don’t even entertain the thought, say the writers, because employer retaliation in the realm of wage-and-hour matters is…

State and federal employment officials and regulators often take pains to walk a very fine line when discussing the use of contracted-for labor by companies across the country. On the one hand, they appear to acknowledge and support the need for an at-the-ready independent contractor pool, knowing that it lends flexibility to business managers, keeps…

The legislation referenced above in today’s blog headline is formally entitled the Fair Pay and Safe Workplaces Executive Order. As noted from its name, the law comes in the form of an executive proclamation issued by President Obama, with such rules and orders bypassing the more typical route for the passage of federal laws that…

What one national media outlet refers to as Uber’s “freelance labor model” generally works quite well for the company, obviously, given the online transportation entity’s estimated worth of as much as $68 billion. At its core, that model regards company workers — that is, the hundreds of thousands of Uber drivers — as independent contractors.…

A recently concluded workplace discrimination case serves as a virtual primer to employers in California and nationally regarding how not to interact with pregnant employees at the workplace. For starters, don’t treat them differently from other workers in a manner that even remotely signals harassing behavior. This would quality as such conduct: demanding that a…

While most people would like to think that they have the ability to remain at a job as long as they like and leave whenever something better comes along, this is actually not the reality for many. Though some people have agreements with their employer that provide them some protections from termination, the presumption is…

In the year since California lawmakers approved a new paid sick leave law, legislators and state authorities have spent a lot of time trying to explain what the Healthy Workplaces, Healthy Families Act means to employees and employers. The confusion prompted Gov. Jerry Brown to sign another measure to amend the law to provide further…

You need me, and I need you. In a nutshell, and in fundamental terms, that preceding sentence just about sums up the essentials of the important employer/employee relationship in California. And given its reality and symbiotic nature, one might reasonably think that relations between managers and workers across the state are routinely informed by fair…

A California worker files a workers’ compensation claim following an on-the-job injury and is terminated from his or her employment shortly thereafter. Is such a fact scenario likely to pique the interest of a jury? It likely will, states an article noting that workers’ comp retaliation is “becoming a rapidly growing field within employment law.”…

It’s a win-win scenario, right? That fitness tracking apparatus that you agreed to wear on your wrist at the request of your employer is proving to be a real ally in helping you understand relevant health-related numbers. Truly, of course, not that many workers are yet strapping on those little mobile tech tools, but enough…

Say that you’re an “exempt” worker toiling diligently on behalf of a California employer. Although that classification is not readily susceptible of a quick and easy definition, it broadly applies to certain categories of salaried — rather than paid-by-the-hour — workers. One straightforward and representative take on exempt employee status is supplied in an online primer noting…

Although some California employers might — and undoubtedly will — continue to argue that a matter recently ruled upon by the California Supreme Court is nuanced and quite complex, legions of workers in the state will certainly counter that it is anything but complicated. In fact, they have been making that claim for some time…

Anyone seeking to justify the above-cited reality in today’s blog entry headline might have a hard time doing so in light of stark empirical evidence. To wit: While the American men’s national team has won virtually nothing of consequence since its inception, the women’s team has won, well, everything. And more than once, with a…

Some workers in California and elsewhere across the country are legally entitled to receive overtime pay and related benefits when they cross an hours-worked threshold relevant to a particular pay period. They don’t always receive it. And when they don’t, their complaints concerning the alleged bad-faith behavior of employers t often lead to wage-and-hour-based lawsuits…

Employers in California and elsewhere obviously have to pay attention to many things. Including mosquitoes. In this modern day and age, it doesn’t take long for global medical authorities to identify dangerous viruses and diseases — regardless of source — and seek to combat them through public education, travel restrictions, interventionary care and other measures.…

When news first broke four years ago on the suspension of a Fox News broadcaster for using the N-word during a staff meeting, there were immediately two opposing sides to the issue: One side claimed that the anchor had actively participated in discrimination against his coworkers by saying the word and that his suspension and…

A lot of entrepreneurs consider owning and running their own business to be an exciting adventure. Not only do you get to help your product or service grow and prosper, you get to dabble in other things, such as the law, which can be just as exciting (and important) as keeping your business alive. As…

Recently, California enacted a new law applicable to companies using temp workers. Assembly Bill 1897, codified as section 2810.3 of the California Labor Code became effective in 2015. Under the new law a company using temp workers will be liable to the workers supplied by the temp agency for wage and hour violations. Previously, a company…

The law has always presented a unique challenge for businesses across the nation. Not only are they bound by federal laws but those of the states in which they operate their business as well. But owners and managers not only want to make sure that they are following the law but that their employees are…