Got Labor Pains: The Blog
Enforcement of International Restrictive Covenants: When Your Non-Compete or Non-Solicitation Agreement is Worldwide
California is part of a global economy. As such, many California employers seek to limit their employees’ ability to work for competing firms throughout the country–and even around the world–after their employment ends. This is normally attempted through one or more types of restrictive covenants, including non-compete or non-solicitation clauses in an employment agreement…. Read More »
Calif. Restaurant Chain Settles EEOC Charges of Refusing to Hire Male Servers
Sex discrimination is illegal in California workplaces. Some people think this only means discrimination against women. But it can also apply to discrimination against men. In simple terms, a business owner can no more decide to hire only women for certain jobs than they can hire only men. Employer Will Pay Monetary Relief, Implement… Read More »
Opt-Out Provisions, Handbook Policies, and Arbitration Agreements: When Are Arbitration Agreements Enforceable Under California Law?
It is a common fact. Employment Handbooks can be lengthy. While employment handbooks can contain very valuable information for employees, such as appropriate workplace conduct and policies, some handbooks may also contain agreements for employees to be bound, like an arbitration agreement. If you are an employee who received an employment handbook with an… Read More »
Reducing Worker Misclassification: Independent Contractors versus Employees and what the Passage of AB5 Means for California’s Workers
Starting in January 2020, many California workers who are currently treated as “independent contractors” may become reclassified as “employees” under California law. This is due to the recent passage of Assembly Bill (AB) 5, which Gov. Gavin Newsom signed into law on September 18. AB 5 codifies a 2018 California Supreme Court decision on… Read More »
Franchisor Liability: Federal Court Weighs in on the Definition of “Joint Employer”
When you are an employee working for a franchisee, determining who your actual “employer” is may be more difficult than it seems. Ninth Circuit: McDonald’s Does Not Exercise “Control” Over Individual Franchise Employees For example, if you work for a restaurant that is a franchise of a larger national chain, is the franchisor responsible… Read More »
“Why Can’t Your Wife Stay Home and Take Care of the Child?”: Asserting Your Right to Family Leave in California
Unlike many states, California state law provides certain “family leave” rights for eligible employees. Under the California Family Rights Act (CFRA), if you have worked for your present employer for at least one year, with 1,250 hours working hours during that year, and your employer employs at least 20 employees within a 75-mile radius… Read More »
Can I Be Fired for Reporting My Employer’s Illegal Actions to the Government? Understanding California’s Protections for Whistleblowers
So, you’re an employee who has found yourself in an ethical dilemma. You strongly believe – or maybe you know – that your employer is engaged in illegal activity. But maybe you’re worried if you report it to the appropriate authorities, or even file an internal complaint with management, so will lose your job…. Read More »
Getting Ready for the Workday: Do California Minimum Wage Laws Cover Time Spent Performing Pre- and Post-Shift Activities?
California law generally requires public and private employers to pay a certain minimum wage to employees “for all hours worked.” California Industrial Welfare Commission (IWC) wage orders provide “all hours worked” means “the time during which an employee is subject to the control of an employer, and includes all the time the employee is… Read More »
Does My Employer Have to Pay for My Work Uniform? Understanding California’s Labor Laws Regarding Employee Reimbursements
Section 2802 of the California Labor Code requires employers to reimburse employees for “all necessary expenditures” incurred “in direct consequence of” of the employee’s duties. For example, if an employer requires employees to wear a particular uniform, the employer must reimburse the employee for the cost of purchasing that uniform. Similarly, if an employee… Read More »
Time for Lunch: Employees’ Rights to Meal Breaks Under California Labor Law
While federal law does not require an employer to give employees any meal or rest breaks during the workday, California law, on the other hand, affords workers certain legal protections in this area. To be precise, Section 512 of the California Labor Code states that as a general rule, when an employee works more… Read More »
