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Can an Employer Ask for Proof of Disability?
Posted in Discrimination on July 24, 2019
As someone with a disability in America, you have rights and protections under federal law. The Americans with Disabilities Act (ADA) protects you from issues such as employment discrimination and harassment. Your disability is a protected class, meaning employers and coworkers cannot exhibit biases against you because of your incapacity. It is also your right… read more
Your Rights as a Cancer Patient in the Workplace in California
Posted in Discrimination on July 23, 2019
Finding out you have cancer is hard enough without also having to deal with requesting time off work, explaining your situation to your boss and dealing with workplace discrimination. The National Cancer Institute estimates over 1.7 million new cancer cases arise each year. More than 40% of cancer patients are working adults. You are not… read more
Are Rideshare Drivers Employees?
Posted in Firm News on June 19, 2019
Uber, Lyft, and other rideshare companies have been at the center of an employment law controversy almost since their inception. Unlike taxi companies, ridesharing services do not classify their drivers as employees. Instead, they classify them as independent contractors in all 50 states. This makes rideshare drivers ineligible to receive benefits promised to employees under… read more
How Can I Prove Sexual Harassment With No Witnesses?
Posted in Sexual Harassment on May 15, 2019
Sexual harassment is a pervasive problem in the workplace. The most recent year data is available, nearly 30% of all charges filed with the Equal Employment Opportunity Commission (EEOC) dealt with sexual discrimination, including sexual harassment. If someone sexually harassed you in the workplace, you have every right to seek justice and restitution. Even if… read more
What Do I Do If I Was Misclassified as an Independent Contractor?
Posted in Firm News on May 14, 2019
It is every employer’s legal duty to properly classify its workers as either employees or independent contractors according to certain criteria. The correct classification is important because it can determine your pay scale, taxes, benefits, rights, and responsibilities as a worker. If you believe your boss has misclassified you as an independent contractor when you… read more
How to Blow the Whistle If You Signed an NDA?
Posted in Whistleblower Protection on April 16, 2019
Many employees in various industries must agree to and sign non-disclosure agreements (NDAs) as a requirement of their work. For example, a pharmaceutical company employee may need to agree not to share trade secrets with competing companies. Employees who work in client-facing businesses may need to sign NDAs agreeing not to discuss client-related matters in… read more
Can My Boss Deny My Time Off Request? What Are My Rights in CA?
Posted in FMLA on April 12, 2019
Virtually every employer offers some type of discretionary time off policy. Some employers allow employees to accrue paid vacation days, sick days, personal days, and paid time off. Employees have the right to use discretionary paid leave as they see fit in accordance with employer policies. For example, an employer may allow you to take… read more
What Is the False Claims Act: Who Does It Protect?
Posted in Whistleblower Protection on March 20, 2019
Due to recent occurrences within the federal government, most Americans have heard of whistleblower protections. However, the False Claims Act and its protections are much less well-known, even though the two go hand in hand. What is the False Claims Act? Who does it protect? What Is the False Claims Act? People often refer to… read more
Your Rights as a Pregnant Worker in California
Posted in Pregnancy Discrimination,Workplace Discrimination on February 21, 2019
More than 68 million women are in the United States workforce, and about 75% of them will become pregnant at some point during their employment. Prior to the passing of the Pregnancy Discrimination Act of 1978, it was not uncommon for an employer to simply fire a pregnant employee so the employer would not lose… read more
What Is Quid Pro Quo Harassment in the Workplace
Posted in Sexual Harassment,Workplace Discrimination on February 20, 2019
Sexual discrimination in the workplace is an unacceptable offense that comes in many forms. An employer or coworker who makes sexually suggestive comments, overt sexual remarks, or engages in any unwanted contact creates a hostile work environment for the victim. One of the most common forms of sexual harassment in the workplace is quid pro… read more