Recent Blog Posts
Leaves of Absence: FMLA vs. Disability
There are a variety of California and federal laws that require employers to allow an employee to take a “leave of absence” from employment. Leave of absence laws are generally focused on protecting the right of employees to pursue protected activities, including seeking treatment for protected ailments, and thereafter return to work. These laws… Read More »
No More Gender Specific Toilets
Everyone likely knows the frustrations of having to wait for a vacant single-user restroom at a restaurant. Often, a restroom of the opposite gender is unoccupied but you must wait until a matching gender facility becomes available. You wonder if anyone will care or notice if you enter into the opposing gender restroom. The days… Read More »
Minimum Wage To Increase January 1, 2017
Regardless of whether you agree with California’s decision to gradually increase its minimum wage to $15.00 per hour by 2022, it is here! On January 1, 2017, the first phase of Senate Bill 3, which has been codified as Labor Code § 1182.12 et seq., will take effect by raising the state’s minimum wage… Read More »
Pay Increases For Exempt Employees in 2017
In order to be exempt from overtime pay, an employee must meet certain requirements. These requirements are set forth in California’s Wage Orders and Labor Code sections. Computer Software employees must meet the exemption criteria described in Labor Code § 515.5 et seq. Licensed Physicians and Surgeons must meet the exemption criteria described in… Read More »
Employee Handbook Facts and Tips
In general, an employee handbook sets forth a company’s policies and procedures as they pertain to the employer/employee relationship. It should properly and adequately inform employees of the nature of their employment, company policies and procedures, notices, and employee benefits, rights, and expectations. Many employers have not reviewed their employee handbook and/or do not… Read More »
California’s New Attempt to Press the Boundaries of the Federal Arbitration Act (FAA).
California has a long history of pressing the boundaries of the Federal Arbitration Act (FAA). In doing so, California has resisted the federal government’s Supreme authority to establish the laws of the land. “The Federal Arbitration Act states that a ‘written provision’ in a contract providing for “settle[ment] by arbitration” of ‘a controversy …. Read More »
It’s Time to Take Your Rest Break.
Employers typically understand that non-exempt and certain exempt employees are entitled to paid rest breaks. Beyond this fact, rest breaks laws have been widely misunderstood by employers and employees alike. California’s Wage Orders govern the amount and timing of rest periods. It is very important for employers to review the Wage Order pertinent to… Read More »
California’s Equal Pay Act Includes Race and Ethnicity.
As it is currently drafted, the substantive portion of the Equal Pay Act states “[a]n employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under… Read More »
Can I Be Fired From My Job For Any Reason?
Many California employers believe that they can fire an “at-will” employee for any reason. This belief is far from the truth. California employers need to be aware that there exists a plethora of exceptions to the general rule regarding “at-will” employment. What is “at-will” employment? The term “at-will” employment generally means that an employer… Read More »
Court Dismisses Claim of ADA Violation
In a recent opinion from the judges of the federal Ninth Circuit Court of Appeals, the court upheld the dismissal of a woman’s claims that her employer had violated the Americans with Disabilities Act (ADA) by failing to restore her to a full-time position when she came back to work after an extended illness…. Read More »
