Got Labor Pains: The Blog
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 »
Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees
National origin discrimination is strictly prohibited by federal and California state law. Employers are prohibited from firing, refusing to hire, or disciplining an employee or job applicant based on their country of origin or nationality. Nor can an employer escape liability simply by claiming it was unaware of any such discrimination on the part… Read More »
The Cost of Age Discrimination: Google Pays $11 Million to Settle 227 Claims
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees or job applicants/prospective employees on the basis of age, provided the affected individual is age 40 or above. Although the law is clear on this point, the news is full of stories of employers who attempt… Read More »
When Do You Get Your Final Paycheck Under California Law? The Answer Depends on How You Leave
Most California workers are paid on a weekly or biweekly basis. But when an employer chooses to terminate an employee for any reason, California law requires “immediate” payment of any “wages earned and unpaid.” In other words, if you are fired or laid off, your now-former employer must give you your final paycheck that… Read More »
“Seaing” the Big Picture: Employment Rights For Seafarers and Cruise Ship Employees (International Seafarers’ Bill of Rights and the Jones Act)
Cruise ships are big business, especially in states like California and Florida. In California, and according to the most recent figures from the Port of Los Angeles, over 500,000 cruise ship passengers come through that port alone each year. And taking care of all those passengers requires a substantial investment in a ship’s crew…. Read More »
Failure to Promote: Legitimate Business Decision or Illegal Act of Discrimination?
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 »
Nothing Hairy About It: California Senate Moves to Ban Grooming Policies That Discriminate Against African Americans
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 »
