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DisabIns4

How Does the ADAAA Protect Me If I Need Additional Time Off from Work for My Medical Condition?

By Scott • Wagner and Associates |

California workers often need time off to deal with a medical illness or disability. There are a number of state and federal laws protecting a worker’s right to take a certain amount of paid and unpaid medical leave. Some employers may also offer additional leave through employment agreements and written policies. But even if… Read More »

Employment2

The Ministerial Exception: Can Employees Working for Religious Institutions Sue for Discrimination in California?

By Scott • Wagner and Associates |

Federal and state anti-discrimination laws cover most private employers in California. Among other things, this means an employer cannot fire an employee on the basis of their sex or religious beliefs. But the courts have carved out an important exception to these laws for religious institutions: the ministerial exemption/exception. As explained by the U.S…. Read More »

BPump

Pumping at Work: California Expands Protections for Nursing Mothers in the Workplace (To All Workers in the State)

By Scott • Wagner and Associates |

So, you’re finally ready to go back to work after giving birth to your child, but what are you going to do about pumping? Mothers returning to work following childbirth may worry about balancing the difficulties with continuing to nurse their child while maintaining a full-time job. Recently, the California legislature enacted new rules… Read More »

Law

U.S. Citizens Working Abroad for a Multinational Employer: Your Basic Rights

By Scott • Wagner and Associates |

Move over, Dora the Explorer. You’ve finally done it! You’re a U.S. Citizen who got the job offer to work abroad. Before you start packing your bags for the big move, take a minute to consider what laws may apply (and protect) you as a U.S. Citizen working abroad. What Laws May Protect Me… Read More »

FMLA

When You’re Sick With a Medical Condition and Need Time Off: Who Is Entitled to Medical Leave Under California Law

By Scott • Wagner and Associates |

Life happens. Maybe it is your own serious medical condition or that of an immediate family member.  When a medical emergency occurs, the last thing on your mind may be the worry of whether you will come back to a job. Luckily for employees in California, both federal and state laws require that most… Read More »

EqualPay2

California State Law Bars Use of Salary History in Attempts to Justify Paying California Women Less Than Men

By Scott • Wagner and Associates |

“What is your current salary?” “What are your salary expectations?” “What did you make at your last job” For many job seekers, these have historically been expected question at any job interview. However, with the passage of California’s AB 168 (which led to the creation of California Labor Code section 432.3), and as of… Read More »

Employee

Can My Criminal Record Legally Prevent Me From Getting a Job in California?

By Scott • Wagner and Associates |

It is a fact that the conviction rates in America for African Americans and Hispanics are substantially higher rate than whites in the United States. So, if an employer declares it will not hire anyone with a criminal record–regardless of the circumstances or job-requirements–such a policy may have a measurable and adverse impact on… Read More »

Employment4

Intermittent Leave Under California Law: Your Rights When You Have an Ongoing Medical Condition

By Scott • Wagner and Associates |

Medical leave in California involves a complex web of state and federal regulations, in addition to whatever leave policies your individual employer maintains. It is worrisome enough to deal with a serious medical condition on your own, but the situation can become even more stressful if you are worried about losing your job while… Read More »

Legal6

All Workers Presumed to Be Employees (Unless the Employer Can Prove Otherwise): The State of Independent Contractors vs Employees in California

By Scott • Wagner and Associates |

Open the business section of any newspaper on a given day, and it is likely you’ll find a reference to our current “gig economy.” Gig what? Economists call the state of our current economy a “gig economy,” referencing the shift of individuals from traditional employment to working as independent contractors. And there may be… Read More »

GavelBooks

But What About My Expenses? California Law on Unreimbursed Business Expenses

By Scott • Wagner and Associates |

Under California law (California Labor Code §2802), California employers are required to reimburse employees for all “necessary expenditures… incurred by the employee in direct consequence of the discharge of his or her duties…” California law prohibits employers from deducting these necessary, business-related expenses from an employee’s pay. Common expenses for which an employer is… Read More »

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