Category: Employment Law

At Will Employment California: All You Need to Know

Posted in Employment Law on February 12, 2022

In California, Governor Newsom signed several Senate and Assembly bills effective this year to increase protections for workers. These bills improve work environments, enforce safety violations, and enhance disability discrimination measures. In addition, a Senate Bill that went into effect in 2017 mandates that the state increases the minimum wage to either $14 or $15… read more

Lawmakers Pass Legislation to Provide COVID-19 Sick Pay in California

Posted in Employment Law on February 10, 2022

On Monday, February 7, 2022, California adopted a policy that should benefit most of the state’s workforce. This new legislation provides supplemental paid sick leave for as long as two weeks when an employee misses work due to COVID-19. Since many individuals must work to make ends meet, regardless of whether they are ill, legislators… read more

How Much Does a Wrongful Termination Lawyer Cost in California?

Posted in Employment Law,Wrongful Termination on January 20, 2022

California enforces strict laws regarding employees’ rights and employers’ legal obligations to their employees. Unfortunately, while many people working in California are familiar with the term “wrongful termination,” many people misinterpret its meaning. Others look at the state’s at-will employment law and wonder how an employer can ever be held accountable for wrongful termination when… read more

How to Prevent Discrimination in the Workplace in California?

Posted in Discrimination,Employment Law,Workplace Discrimination on December 22, 2021

Federal and state laws prohibit California employers from discriminating against job applicants or employees based on certain protected characteristics, including race, religion, sex, age, and disability status. Workplace discrimination can occur in many forms, such as refusing to hire, refusing to promote, demoting, or terminating workers based on these characteristics, adopting company policies that disproportionately… read more

What Is An Interactive Process?

Posted in Employment Law on December 4, 2021

Under California law, the purpose of an “interactive process” is to have an employer communicate with its employee (with a disability) to exchange information about job skills and job openings to determine what reasonable accommodations can be provided. Holding a meeting with an employee to review their work restrictions in comparison to the essential job… read more

Workplace Harassment

Posted in Discrimination,Employment Law,Workplace Discrimination on December 1, 2021

Everyone deserves to be able to go to work and do their job without fear of harassment. Unfortunately, this is not always the case. Hostile workplaces can take an extreme mental toll on employees and can lead to things like anxiety, depression, sleep issues, substance abuse, and post-traumatic stress disorder. While there are laws in… read more

Disability Discrimination at Work (Part 2)

Posted in Discrimination,Employment Law,Workplace Discrimination on November 2, 2021

In part 1, we discussed how in disability discrimination cases, employers sometimes argue there was no wrongful conduct or no duty to accommodate because in their view, the employee did not have a “disability.” However, the definition of disability is broadly construed in California. Here are some examples of what constitutes a “mental disability” by… read more

Disability Discrimination at Work (Part 1)

Posted in Discrimination,Employment Law,Workplace Discrimination on November 1, 2021

In disability discrimination cases, employers sometimes argue there was no wrongful conduct or no duty to accommodate because in their view, the employee did not have a “disability.” However, the definition of disability is broadly construed in California. The Legislature has stated its intent that “physical disability” needs to be construed broadly so that applicants… read more

What Counts As “Whistleblowing”?

Posted in Employment Law,Firm News,Whistleblower Protection,Workers Compensation on October 27, 2021

California Labor Code Section 1102.5 confers broad protection to employees from suffering retaliation as a result of “whistleblowing.” Some employees in California may wonder if their whistleblowing has to be made to an outside agency to protect them. The statute provides guidance on this and makes clear that even making the complaint to the employer… read more

Mediation vs. Arbitration – What’s The Difference?

Posted in Employment Law,Firm News,Workers Compensation on October 25, 2021

People sometimes hear the terms “mediation” or “arbitration” in their day to day lives but are not always clear on the distinctions between the two. Some think they are one and the same. They are NOT.  Here is how they differ in major respects: Arbitration Arbitration is a process that has similar elements of a… read more