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Helping You Navigate Workplace Issues in California

Monthly Archives: July 2019

Promote

Failure to Promote: Legitimate Business Decision or Illegal Act of Discrimination?

By Scott • Wagner and Associates |

Employment discrimination laws do not just apply to decisions regarding the hiring and firing of employees. They also apply to a company’s decisions on whether to promote existing employees. For example, if Company A decides not to promote an employee to a managerial rule because he is African American, that would constitute illegal discrimination… Read More »

EmpDisc

Nothing Hairy About It: California Senate Moves to Ban Grooming Policies That Discriminate Against African Americans

By Scott • Wagner and Associates |

Racial discrimination in the workplace has long been prohibited under federal and state law. But there are other, more subtle forms of discrimination that continue to persist. For example, many Californians–notably African-Americans–are viewed as “unprofessional” based on their hairstyles. More precisely, some employers impose grooming codes that effectively bar African-American employees from sporting natural… Read More »

Janitor

Are Janitors “Franchisees” or Employees? Ninth Circuit Decision Applies Dynamex Retroactively to California Labor Law Claims

By Scott • Wagner and Associates |

Last year the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, which stated that all workers are “presumed to be employees” unless the employer can prove the worker is an independent contractor based on a three-part “ABC test.” The three tests include: (A) The… Read More »

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