Should I file a discrimination claim under the FEHA or the EEOC?

2017-03-04T00:32:47+00:00 February 24th, 2017|Uncategorized|

Most states have anti-discrimination laws. More than 20 offer protections based on sexual orientation and gender identity alongside race, religion, national origin, pregnancy and age. California is included in that list under the state’s Fair Employment and Housing Act. Federal law also prohibits discrimination. Its provisions are overseen and enforced by the Equal Employment Opportunity [...]

New California FEHA regulations: An overview

2017-03-04T00:19:59+00:00 February 21st, 2017|Uncategorized|

California lawmakers over the years have made a handful of changes to the state’s Fair Employment and Housing Act, which protects employees on the basis of race, color, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sex, sexual orientation, age, or pregnancy and childbirth. The most recent revisions took effect [...]

Is my credit report the reason I can’t get a job?

2017-12-13T21:46:27+00:00 February 14th, 2017|Uncategorized|

It’s a hill that feels impossible to climb: You have made some financial mistakes in the past, and your credit suffered as a result. Since then, you’ve gone back to school, worked hard and set some financial goals. Even so, you are having a tough time finding a higher-paying job, even though you interview well. [...]

Can I be fired for what I post online?

2017-12-13T21:46:27+00:00 January 17th, 2017|Uncategorized|

Social media posts are protected under the First Amendment, as most of us know. But what people may not realize is that the Constitution only protects online freedom of speech when it comes to government involvement, not the actions of private companies. Employment in California, and most of the rest of the United States is [...]

New State Law Aimed At Age Discrimination May Be Unconstitutional

2017-12-13T21:46:27+00:00 December 19th, 2016|Uncategorized|

California’s entertainment industry is one of its most profitable sectors. Profits from Hollywood studios and other parts of the industry pour an estimated $294 billion into the state’s economy every year, and it is estimated that the entertainment industry employs one out of every ten Californians. While the industry is profitable, it is not without [...]

Is it Racial Discrimination to Fire an Employee for a Hairstyle? Federal Appellate Court Says No

2017-12-13T21:46:28+00:00 December 16th, 2016|Uncategorized|

Certain hairstyles are traditionally associated with a certain race or ethnicity. In particular, hairstyles like cornrows, dreadlocks, and afros are associated with African American culture, and many individuals who wear these styles take great pride in using their hair to express their cultural identity and heritage. When a hairstyle is linked to a cultural identity, [...]

New Law Protects Employees’ Right to Have Legal Claims Heard Inside the State

2017-12-13T21:46:28+00:00 December 14th, 2016|Uncategorized|

The state of California has the sixth-largest economy in the world. In 2015, the state recorded $2.42 trillion in gross domestic product, beating out the economies of France, India, and Brazil. The state’s success comes from the thriving entertainment and technology industries, and has continued to grow as the economy recovers from the country’s recession. [...]

NLRB Rules That Grad Students, Teaching Assistants Can Unionize

2017-12-13T21:46:28+00:00 December 13th, 2016|Uncategorized|

  At any given time, there are thousands of graduate students across the country working as teaching and research assistants. These students may conduct college courses, perform research in a lab, or work with professors on special projects. In exchange, the grad students usually receive a relatively small stipend and course credit. For many graduate [...]

What Tasks Are Minor? Calif. Supreme Court to Review De Minimus Wage Claims

2017-12-13T21:46:28+00:00 December 7th, 2016|Uncategorized|

A worker is punching his time card with the automatic clock People who are not paid a salary and earn an hourly wage often have to perform small tasks before or after a shift at work. For instance, a server in a restaurant may be required to put on an apron and a [...]

Ninth Circuit Finds California Company Can’t Force Employees To Give Up Right To File Employee Class Action Claims

2017-12-13T21:46:28+00:00 December 1st, 2016|Uncategorized|

In many employment contracts there lies an inconspicuous provision that many employees would never notice. It is known as an ‘arbitration agreement”. This clause states that by signing the agreement, the employee gives up his or her right to sue the employer in a class action lawsuit. Instead, the employee agrees to settle differences with [...]

What Tasks Are Minor? Calif. Supreme Court to Review De Minimus Wage Claims

2017-12-13T21:46:28+00:00 October 25th, 2016|Uncategorized|

People who are not paid a salary and earn an hourly wage often have to perform small tasks before or after a shift at work. For instance, a server in a restaurant may be required to put on an apron and a name tag before clocking in for a shift. For years, judges and employers [...]

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. [...]

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 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. [...]

EEOC Proposed Regulations on Employee Wellness Programs

2017-12-13T21:46:40+00:00 July 13th, 2015|Discimination, Uncategorized|

Employers sometimes offer wellness programs to their employees as a benefit of employment or health care coverage. Wellness programs include payment of health club memberships; insurance premium reductions for engaging in healthful activities; exercise and dietary challenges; and even premium reductions for improving measures of health, such as weight, waist circumference, and blood pressure. These [...]

Piece Rate Workers Must Be Paid for Time Spent

2017-03-02T21:51:23+00:00 August 18th, 2013|Uncategorized|

Automotive service technicians sued their employer based on the way they were paid.  The employer contended the tech were paid legally because they made sure the techs were never paid less than minimum wage, when their hourly pay was averaged against what they received from piece rate work. On March 6, 2013, the state Second [...]