About Michael Carver

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So far Michael Carver has created 312 blog entries.

How Much of Your Appearance Can Your Employer Regulate?

2017-12-13T21:46:30+00:00 May 11th, 2016|Discimination, General Labor Law, Sexual Harassment|

Most workplaces have some type of dress code. Some require uniforms, while others allow each employee to make his or her own fashion choices. When it comes to the dress code, how much of your appearance can your employer regulate? In general, California law allows employers to set their own rules for employee’s dress and [...]

Weighty Issues: Is Obesity Considered a Disability Under California Law?

2017-12-13T21:46:30+00:00 May 10th, 2016|Discimination, General Labor Law|

It’s no secret that the country as a whole is getting heavier. While many people are not affected by carrying a few extra pounds, very heavy individuals often have a difficult time in the employment arena. Obese people face discrimination when seeking employment, and may need extra accommodations at work based on their size. When [...]

California Appeals Court Expands FEHA to Include People Caring for a Disabled Person

2017-12-13T21:46:30+00:00 May 9th, 2016|Discimination, Wrongful termination|

California’s 2nd District Court of Appeals recently expanded the state’s Fair Employment and Housing Act (FEHA) to include people who associated with someone with a disability. While the 2nd District Court of Appeals only covers employers in Los Angeles, San Luis Obispo, Santa Barbara, and Ventura Counties, the decision could have an impact on how [...]

San Francisco to Become First U.S. City to Mandate Paid Family Leave

2017-12-13T21:46:31+00:00 May 6th, 2016|General Labor Law|

The city of San Francisco is poised to become the first in the nation to mandate paid family leave for private-sector employees. The San Francisco Board of Supervisors unanimously passed a new city ordinance that would require employers in the city to provide up to six weeks of fully-paid family leave. California state law already [...]

California Supreme Court Finds Employers Must Give Workers a Chair

2017-12-13T21:46:33+00:00 May 5th, 2016|General Labor Law|

The California Supreme Court recently handed down a ruling that will help workers whose jobs require constant standing. The state’s highest court clarified what constitutes “suitable seating” as well as when an employer must provide seating for standing workers. For years, California law has required employers to provide employees with suitable seating whenever a job [...]

Working Overtime Without Permission: Do You Still Get Paid?

2017-12-13T21:46:33+00:00 May 4th, 2016|Wage and Hour|

For non-exempt workers, overtime pay can add a significant amount of money to a weekly paycheck. At time-and-a-half, many employees jump at the opportunity to work extra and make a little more. But what happens if that overtime is unapproved or unauthorized? Can an employer refuse to pay it? In California, state law requires that [...]

Uber Settles Lawsuits Over Independent Contractor Status of Drivers

2017-12-13T21:46:33+00:00 May 3rd, 2016|General Labor Law, Wage and Hour|

Uber, the massively popular ridesharing company, has agreed to settle two large class action lawsuits based in California and Massachusetts.  The lawsuits centered around whether the company’s drivers should be considered full-time employees or independent contractors. In California, Uber agreed to settle the claims of approximately 385,000 drivers for a total of $84 million. If [...]

California’s Minimum Wage Law Affects Overtime Exemptions

2017-12-13T21:46:33+00:00 May 2nd, 2016|Wage and Hour|

Minimum-wage workers across California applauded the state’s new plan to increase the minimum wage over the next few years. While many workers are looking forward to an increase in their base pay, the new law will also affect which employees qualify for overtime. Whether or not a worker qualifies for state-mandated overtime pay depends on [...]

Pay Secrecy: Can Your Employer Prevent You From Discussing Salaries With Co-Workers?

2017-12-13T21:46:33+00:00 April 18th, 2016|Wage and Hour|

In many businesses, it is an unwritten rule that management does not want employees discussing their salaries. While the National Labor Relations Act of 1935 (NLRA) prohibits employers from discouraging their employees from talking about their pay, this federal law provides for no real consequences if the employers do so. As a result, the majority [...]

New Fair Day’s Pay Act Lets Employees Hold Owners Individually Responsible for Missed Wages

2017-12-13T21:46:33+00:00 April 15th, 2016|Wage and Hour|

While a company has always been liable to its employees for failing to pay fair wages or failing to follow California’s many labor laws, a new act is in place which strengthens the Labor Commissioner’s power to penalize companies that violate the law. Additionally, employees may now be able to hold an individual person responsible [...]

Do You Have A Right To Vacation Pay? Understanding Your Vacation Pay Rights Under California Law

2017-12-13T21:46:33+00:00 April 14th, 2016|Wage and Hour|

The United States is one of the only developed nations in the world that does not mandate paid vacation time for its workers. While no state in the union gives every worker guaranteed time off, California employees are lucky to have some of the country’s strictest laws protecting employee vacation time. In California, employers must [...]

5 California Statutes That Could Force Your Employer To Pay Your Attorneys Fees

2017-12-13T21:46:33+00:00 April 13th, 2016|General Labor Law|

In general, each party to a lawsuit pays its own attorneys’ fees. In limited instances, a judge may order the losing side to pay the winner’s legal fees and costs. If you file a lawsuit against your employer in the state of California, here are five statutes which you could use to recover your legal [...]

California Reaches Deal On $15 Minimum Wage

2017-12-13T21:46:33+00:00 April 12th, 2016|Wage and Hour|

California recently made history as the first state in the nation to raise the minimum wage to $15 an hour by 2022. The governor and the state legislatures reached a deal on the proposed plan on March 28, and the bill was signed into law on March 31. Currently, California’s minimum wage is $10 an [...]

Quid Pro Quo Harassment: When Your Boss Wants a “Favor”

2017-12-13T21:46:33+00:00 April 11th, 2016|Sexual Harassment|

Sexual harassment comes in many forms. When your employer, boss, or supervisor expects you to go out on a date, have a sexual relationship, or perform some other favor in exchange for a promotion or a raise, it is known as quid pro quo harassment. Quid pro quo is a Latin term that means “this [...]

How Does a State Discrimination Investigation Process Work?

2017-12-13T21:46:33+00:00 March 24th, 2016|Discimination|

The Department of Fair Employment and Housing enforces civil rights laws in California. It has the legal power to handle discrimination claims in housing, public accommodations, and employment. By law, your employer cannot treat you differently because of your membership in any protected class. The protected classes are very broad and include many individual qualities, [...]

Spear-Phishing: What Is It and Why Should You Care?

2017-12-13T21:46:33+00:00 March 23rd, 2016|General Labor Law|

Spear-phishing: It sounds like an aquatic sport, but it isn’t. Spear-phishing is when a cyber attack is targeted at a specific employee. Spear-phishers try to convince an individual employee to provide information or money. They can be very convincing because they do their homework, researching business and individual information to make their emails look completely [...]

Your Rights: Accommodation of Pregnancy and Related Conditions

2017-12-13T21:46:34+00:00 March 22nd, 2016|Discimination|

If you’re working and are pregnant or plan to become pregnant, it’s important that you understand your rights to accommodation under federal and California laws. These laws cover almost all California workers, and they require that employers provide reasonable accommodations to pregnant employees or employees affected by pregnancy. A reasonable accommodation is an adjustment to [...]

Your Rights: Your Employer Must Keep Your Health Information Separate and Secure

2017-12-13T21:46:34+00:00 March 21st, 2016|Discimination, General Labor Law|

We live in a privacy-oriented society. Information security breaches have highlighted costly errors for businesses and employers across the country like never before. Personally identifiable information is any information that can be used to identify a specific person. Examples of PII include a person’s name, address, home phone number or email address, and Social Security [...]

Why You Should Take the Initiative to Keep Personal and Business Email Separate

2017-12-13T21:46:34+00:00 March 18th, 2016|Discimination, General Labor Law|

The National Labor Relations Board’s position is that employers cannot prohibit employees from using company email after hours for nonbusiness purposes. The reason for this position is that reasonable employees could believe that they would not be allowed to engage in concerted activity, such as union organizing, under such a ban. But even though the [...]

What Is an Email Curfew, and Can My Employer Really Do That?

2017-12-13T21:46:34+00:00 March 17th, 2016|Wage and Hour|

Most of us have read in the news about proposed changes to federal overtime rules, many of which are long overdue and worker-friendly. But have you heard about email curfews? This is one measure being considered by some employers to help keep their overtime exposure down after the new rules are implemented. The Fair Labor [...]

NLRB: Blanket Instructions to Not Discuss Investigations Violate the NLRA

2017-12-13T21:46:34+00:00 March 16th, 2016|General Labor Law|

Over the last year, the National Labor Relations Board has been turning up the heat on employers who violate the National Labor Relations Act. Employers are scrambling to rewrite handbooks and policies that violate the NLRA, including blanket confidentiality provisions that keep employees from talking about the terms of their jobs. A “blanket” confidentiality provision [...]

If You’re Disabled and Terminated, Consult an Employment Lawyer

2017-12-13T21:46:34+00:00 March 15th, 2016|Discimination, Wrongful termination|

Employers nationwide got a surge from a California jury decision that refused to award a former disabled FedEx driver any damages after he was fired, even though he had suffered a work-related injury. Robert Gardner injured his neck and shoulder while working as a driver for FedEx. The company’s policy allowed him 90 days of [...]

EEOC: Proposed Rule Would Allow Employers to Request Spouse Health Information under Limited Circumstances

2017-12-13T21:46:34+00:00 March 14th, 2016|Discimination|

Under the federal Genetic Information Nondiscrimination Act, can your employer legally obtain your spouse’s genetic information? Maybe. But only voluntarily within the context of a group health plan wellness program and under very limited conditions. It’s important to note that this rule would only define what is legal under GINA; you can read more about [...]

Be Careful: The Top Five National Safety Violations

2017-12-13T21:46:34+00:00 March 11th, 2016|General Labor Law|

Want to stay safe at work? Follow the lead of the Occupational Safety and Health Administration and California OSHA. OSHA is the federal agency charged with ensuring “safe and healthful working conditions” for America’s workers. It performs this function by educating workers and employers, training, and enforcing safety-related laws and rules. OSHA covers most employees [...]

Female Leaders Bring Stronger Financial Returns in Business

2017-12-13T21:46:34+00:00 March 10th, 2016|Uncategorized|

Female leaders are making their mark in the corporate world as they are proving to bring stronger financial returns than their male counterparts. In a review conducted by MSCI ESG Research, statistics showed that as of September 2015, companies with a strong female leadership presence generated a better equity return than those without. These findings [...]

Information Technology Salaries Continue to Increase

2017-12-13T21:46:34+00:00 March 9th, 2016|Uncategorized, Wage and Hour|

A number of business sectors, including telecommunications, healthcare, hospitality, managed services, and financial services, use information technology to achieve optimum quality services. These companies aim to hire top IT professionals who have outstanding skill sets and experience–making recruitment and hiring strategies highly competitive. It seems that every California company is offering a high compensation package. [...]

EEOC Issues Q and A for Employers About Rights of Muslims at Work

2017-12-13T21:46:34+00:00 March 8th, 2016|Discimination|

Our last article discussed employee guidance provided by the Equal Employment Opportunity Commission relating to Muslim or Middle Eastern worker rights.  This guidance stemmed from the EEOC’s concerns due to tragic events involving extremist groups in Paris and San Bernardino.  A companion document was issued at the same time for employers.  This blog will discuss the employer [...]

EEOC Issues Guidance to Employees About Treatment of Muslim Employees

2017-12-13T21:46:34+00:00 March 7th, 2016|Discimination|

The United States Equal Opportunity Commission recently issued guidance documents relating to the proper treatment of Muslim and Middle Eastern employees at work.  The EEOC’s concern about this issue stemmed from unfortunate, tragic events involving extremist groups in Paris, France and San Bernardino, California.  One guidance document is intended for employees and the other is [...]

USDOL Issues Joint Employer Guidance: What Could It Mean for You?

2017-12-13T21:46:34+00:00 March 4th, 2016|Wage and Hour|

As I have reported on before, the United States Department of Labor is cracking down on companies who improperly try to avoid classifying a worker as an employee.  One of the new measures it is taking is considering whether a worker might be considered a joint employee of two different businesses.  It has therefore issued [...]

How Is Overtime Calculated on Flat Sum Bonuses in California, and Why Does It Matter?

2017-12-13T21:46:34+00:00 March 3rd, 2016|Wage and Hour|

Although you may not realize it, how overtime should be calculated on bonuses of a flat amount has been hotly contested in California employment law.  This may seem like an issue that only accountants or human resources professionals should care about.  But as an employee, it’s important that you know the result of flat sum [...]

Bank of America Latest to Settle Class Action Suit for Allegedly Misclassified Employees as Exempt

2017-12-13T21:46:34+00:00 March 2nd, 2016|Class Action|

We can now count Bank of America as the latest company in a string to reach major settlements in claims of allegedly misclassifying employees as exempt from wage and hour laws.  A federal magistrate judge recently approved a $2.25 million settlement against the financial giant. Federal and California law require that employees who are covered [...]

United States Supreme Court to ERISA Health Plans: Injured Party Can’t Be Required to Reimburse After the Money Is Gone

2017-12-13T21:46:35+00:00 March 1st, 2016|General Labor Law|

Have you ever wondered whether someone who wins a lawsuit has to pay back his health insurance company for medical claims it paid on his behalf?  Recently, the United States Supreme Court held that a man who had spent his settlement money could not be required to pay his health plan back. Robert Montanile was [...]

Your Rights: Protections for Private Whistleblowers in California

2017-12-13T21:46:35+00:00 February 29th, 2016|Discimination|

California law protects whistleblowers, employees who disclose suspected illegal activity with “reasonable cause” to believe that a legal violation has occurred.  Generally speaking, employment in California is “at will,” which means that, unless a contract or exception applies, an employee may be fired at any time. Whistleblower protection is a major exception to this general [...]

Worker Classification: Issues to Watch

2017-12-13T21:46:35+00:00 February 26th, 2016|Wage and Hour|

The misclassification of workers as independent contractors presents serious problems for both employers and employees.  Some employers try to game the system by overusing the independent contractor classification.  In the short run, this may allow them slight gains, such as reducing payroll costs and tax contributions.  In the long run, however, they could suffer greatly. [...]

Apple Wins Employee Bag Check Case in Federal Court

2017-12-13T21:46:35+00:00 February 4th, 2016|Wage and Hour|

Even if you don’t work for Apple, you should care about a federal court decision relating to California Apple employees. A judge recently dismissed a class action lawsuit in which Apple employees claimed they should have been paid for time waiting to have their bags checked after they got off work. The case was first [...]

EEOC Issues Guidance to Doctors about Dealing with Employee Requests for Reasonable Accommodation

2017-12-13T21:46:35+00:00 February 3rd, 2016|Discimination|

Equal Employment Opportunity Commission issued two documents in support of the White House's National HIV/AIDS Strategy. Our last blog provided an overview of the document issued to help employees understand their rights. This blog will give you an overview of the guidance the EEOC has provided to employee health care providers in understanding their role [...]

Your Employment Rights: What Your Employer Must Do if You Have HIV

2017-12-13T21:46:35+00:00 February 2nd, 2016|Discimination|

This winter, the Equal Employment Opportunity Commission published two documents that relate to proper and legal treatment of employees who have HIV infection or AIDS. These documents are designed to provide guidance to both employees and their health care providers about HIV and AIDS in the workplace. They were issued pursuant to the White House's [...]

In California, Whistleblower Protections Extend to Reports of Matters of Personal Interest

2017-12-13T21:46:35+00:00 February 1st, 2016|General Labor Law|

Did you know that, in California, you have whistleblower protections even when you have only reported a personal issue to the authorities? That's the holding of a recent appellate court. For their 25th wedding anniversary, Rosa Lee Cardenas' husband bought her an expensive ring. Every day, when she arrived at work, she placed the ring [...]

Lactating Surrogate Mom’s Case Proceeds in California Federal Court

2017-12-13T21:46:35+00:00 January 31st, 2016|Discimination|

A controversial lactation accommodation case will move forward in federal court. A California woman sued Marriott, alleging that it failed to provide her with proper lactation accommodations, as required by law. Mary Gonzalez, a full-time accountant and cashier for Marriott, gave birth to a baby girl in 2014. Her regular schedule included one unpaid lunch [...]

State Supreme Court Reviews “Day of Rest” Law

2017-12-13T21:46:35+00:00 January 30th, 2016|Wage and Hour|

The California Supreme Court will soon render a decision on three questions of critical importance to thousands of California employees. All of these questions relate to how the state’s “day of rest” law should be interpreted and applied. Why has the court decided to rule on these questions? It all started in 2009, when a [...]

Final Wage Payments in California: What Are Your Rights?

2017-12-13T21:46:35+00:00 January 29th, 2016|Wage and Hour|

California laws have strong protections in place to ensure that terminated employees receive all that is due to them when they leave. These protections apply to employees regardless of the reason they left, whether fired, retired, resigned, or laid off. What Is Due? The general provision of law is that all final wages are due [...]

You’re Fired: Your Rights to Notices When Dismissed in California

2017-12-13T21:46:35+00:00 January 28th, 2016|Wrongful termination|

California law requires that employees who are terminated receive various notices, all of which are designed to inform them of their legal rights. These requirements stem from the California Labor Code, the California Unemployment Insurance Code, and other California laws and regulations. Any time an employee is discharged, laid off, or placed on a leave [...]

At-Will Employment in California: What Is It?

2017-12-13T21:46:35+00:00 January 27th, 2016|General Labor Law|

Can California employers fire their employees for no reason? The answer might surprise you: generally, yes, they can! California follows what is known as the "at-will" employment doctrine. This means that, unless an exception applies, a California employer can fire an employee for no reason or even for no good reason, as long as the [...]

California Antidiscrimination Law 101

2017-12-13T21:46:35+00:00 January 26th, 2016|Discimination|

If you live or work in California, you probably know that California laws generally protect employees more than other states or even federal law. This is certainly true with California's antidiscrimination law, the Fair Employment and Housing Act ("FEHA" or the "Act"). Who Is Covered? The breadth of California's antidiscrimination coverage is first apparent when [...]

Bumble Bee Foods’ Worker Death Settlement

2017-12-13T21:46:35+00:00 December 29th, 2015|General Labor Law|

Occupational safety rules are established and enforced by both federal and state agencies. As one might expect, with the many employers across the nation and the limited resources of the governmental agencies, enforcement is difficult. For this reason, self-monitoring and compliance with standards is the most important way to ensure workers are kept safe at [...]

Alcohol Abuse and the Americans With Disabilities Act

2017-12-13T21:46:35+00:00 December 28th, 2015|Discimination|

The firing of Steve Sarkisian as football coach at the University of Southern California provides a case study of how an employer is to handle alcohol-related issues with its employees. Sarkisian had reportedly made one or more public appearances while appearing intoxicated, and he had failed to attend a practice session. The university first offered [...]

EEOC Granted Access to Employee Test Results in Discrimination Case

2017-12-13T21:46:35+00:00 December 27th, 2015|Discimination|

The Equal Employment Opportunity Commission has prevailed in a dispute with an employer over access to employee "pedigree" information. A ruling by the federal appeals court governing California required the employer to provide the information on employees who had taken the same strength test as an employee who had been fired. The pedigree information requested [...]

Employee Social Media Access

2017-12-13T21:46:36+00:00 December 26th, 2015|General Labor Law|

Social media is quickly becoming part of the social fabric of our country. It is as common and normal as a casual conversation in the school hallway or workplace break room. Because it occurs over the Internet, however, those casual conversations are memorialized in more than the minds of the participants. Facebook, Twitter, Instagram, and [...]

Constructive Discharge Statute of Limitations

2017-12-13T21:46:36+00:00 December 24th, 2015|Discimination, Uncategorized|

Employees sometimes reach a point of being so dissatisfied at work that they just have to quit. The reasons can be many, but when they quit because of illegal discrimination, a lawsuit may be filed. In these circumstances, the act of resigning may also be known as constructive discharge. Employers are prohibited from discriminating against [...]

The Supreme Court Will Rule Again on ACA Contraceptive Requirement

2017-12-13T21:46:36+00:00 December 23rd, 2015|General Labor Law|

The Affordable Care Act will again be tested in front of the Supreme Court in the coming months over its requirement for the provision of certain birth control medications or procedures. The Court had previously decided a case brought by Hobby Lobby that the Act’s requirement for such measures could violate the religious liberty of [...]

The Drones are Coming

2017-12-13T21:46:36+00:00 December 22nd, 2015|General Labor Law, Uncategorized|

Just a few years ago, we were introduced to the notion of military drone aircraft that could carry out bombing missions. Now we are presented on a regular basis with potential new domestic uses of drones. Amazon wants to use drones to deliver packages. Citizen enthusiasts are buying drones and flying them around our neighborhoods. [...]

Non-Compete Employment Agreements

2017-12-13T21:46:36+00:00 December 21st, 2015|General Labor Law|

Many employers require employees to sign an agreement restricting them from working for business competitors for a period of time. These are commonly known as non-compete agreements. The concept is that an employee can do harm to his employer if he leaves and begins working for a competitor. Many, if not most, of these agreements [...]

Spousal Health Risk Assessments

2017-12-13T21:46:36+00:00 December 20th, 2015|General Labor Law|

Many health insurance carriers are encouraging their coverage holders to participate in health risk assessments as part of wellness programs. These initiatives are a way to deal with health issues early and at less cost. When the insurance is under an employer-sponsored plan, employers hold some leverage over their employees to participate. Spouses and dependants [...]

Holiday Parties

2017-12-13T21:46:36+00:00 December 18th, 2015|General Labor Law, Sexual Harassment|

During the holiday season, employers and employees should be aware of potential problems that can result from office holiday parties. Sponsors and participants both need to exercise good judgment at these events. One of the first considerations is whether employees are paid for attending. If attendance at a party is required by the employer, overtime-eligible [...]

Many Employers Offering “Gig” Work

2017-12-13T21:46:36+00:00 November 30th, 2015|Wage and Hour|

Working from home is an arrangement that has been gaining momentum for a number of years. Employees like the flexibility of not having to report to an assigned location, and employers are freed from providing costly office space. The newest workplace phenomenon, however, is "gig" work. The ride sharing company, Uber, is the most notable [...]

EEOC: Pre-Employment Examinations Must Be Job-Related

2017-12-13T21:46:36+00:00 November 27th, 2015|Discimination|

Employers use various means to decide who they want to hire. Typically, there are a set of qualifications one must meet, such as an education level and/or type, an amount of relevant experience, a particular license, or even a physical ability. In addition to these requirements, employers may administer a test to determine the degree [...]

NLRB Finds Verizon Employee Handbook Provisions Overly Broad

2017-12-13T21:46:36+00:00 November 25th, 2015|General Labor Law|

The National Labor Relations Board has again reminded employers that its policies must not have a “chilling” effect on employees’ rights that are guaranteed under the National Labor Relations Act. The agency has been very active lately in reviewing employer policies, typically found in employee handbooks, and challenging those it believes may violate the Act. [...]

New Law Establishes Pay for Non-Productive Time for Piece-Rate Workers

2017-12-13T21:46:36+00:00 November 23rd, 2015|General Labor Law, Wage and Hour|

Employees who are paid on a piece-rate basis were given a shot in the arm by the California Legislature this year with a bill that will add to their pay. The Governor signed AB 1513, which goes into effect January 1, 2016. The new law requires piece-rate workers to be paid for rest and recovery [...]

EEOC, Equal Employment Opportunity Act, LGBT, Title VII

2017-12-13T21:46:36+00:00 November 19th, 2015|Discimination|

The rapidly advancing movement of society toward equal rights based on sexual orientation will likely see its next watershed moment in the U.S. Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin. In the case of Kimberly Hively v.Ivy Tech Community College, the court will decide whether Equal Employment Opportunity regulations legally extend [...]

DOL’s Amendments to White Collar Overtime Exemptions Reviewed by House Subcommittee

2017-12-13T21:46:36+00:00 November 17th, 2015|Wage and Hour|

The U.S. Department of Labor's proposed revisions to the "white collar" exemptions under the Fair Labor Standards Act are attracting attention from Congress. The House Subcommittee on Investigations, Oversight and Regulations held a hearing in October to hear concerns from business interests. The white collar exemptions specify a salary level at which employees may be [...]