Got Labor Pains: The Blog
Who Is Responsible for Racial Discrimination in the Workplace? California Court Addresses Liability of Staffing Agencies
Sexual harassment and racial discrimination are both prohibited under California law. An employee who is the victim of either may sue their employer (or former employer) for damages. But what about other parties? For example, could a victim of employment discrimination sue a staffing agency? A recently published decision from the California Second District… Read More »
California Accuses Uber & Lyft of “Misclassifying” Drivers
In recent years, there have been a number of lawsuits aimed at determining the legal status of drivers who use ride-sharing apps to connect with customers. The two largest ride-sharing companies, Uber and Lyft, have always maintained drivers are “independent contractors” who are not entitled to any of the legal benefits of employees, such… Read More »
Ninth Circuit Rules for Second Time That Employers May Not Use “Salary History” to Justify Paying Women Less Than Men
Since the 1960s, the federal Equal Pay Act (EPA) has prohibited employers from paying women less than men to perform the same job. Put another way, an employer cannot engage in pay discrimination on the basis of sex. But an employer may be able to justify a pay disparity on a “factor other than… Read More »
Have You Lost Your Job Due to COVID-19? Here Is What You Need to Know About Applying for State Benefits
With California businesses closed due to the COVID-19 pandemic, many workers suddenly find themselves with reduced or no income. If you have lost your job or had your hours reduced, here are a few things you need to know about applying for state benefits. Applying for Disability Insurance If you cannot work because you… Read More »
COVID-19, the Federal CARES Act and your California California Unemployment Benefits: What You Need to Know
In response to the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, which the President signed into law on March 27, 2020, and which went into effect on April 1, 2020. While the CARES Act is designed to provide broad-based support for the economy, several of its key… Read More »
When Workplace Discrimination Forces You to Quit: Understanding “Constructive Discharge”
It is obviously illegal for an employer to fire someone for a discriminatory reason. But an employer may also be held liable for a “constructive discharge,” i.e., a situation where an employee faces working conditions that are so discriminatory they feel compelled to quit. In assessing a discrimination claim based on constructive discharge, a… Read More »
New California Law Extends Time for Filing State Employment Discrimination Complaints
If you are the victim of workplace discrimination, you need to be aware that the clock is always ticking in terms of your ability to take legal action. While federal and state laws are in place to address instances of illegal discrimination, these laws come with what are known as “statutes of limitations.” In… Read More »
What Is a PAGA Claim and How Do I File One?
California has strict labor laws governing matters such as hours, wages, and workplace safety. Unfortunately, it is practically impossible for the state government to effectively identify and prosecute all potential violations of these laws. For this reason, the state legislature enacted a separate law known as the Private Attorneys General Act (PAGA). PAGA allows… Read More »
Scott Wagner & Associates COVID-19 Message
Our firm is committed to you and to community safety. To this end, we are closely monitoring communications from the Center for Disease Control and Prevention (CDC) and other federal, state, and local agencies. 1-We are here to advise employees on their rights. You can set up a consultation with us or join us… Read More »
When Am I Entitled to Overtime Pay Under California Law?
Under California law, an employee is generally entitled to overtime pay if they work more than 8 hours per day or 40 hours in a given workweek. While that sounds simple enough, the law is actually quite a bit more complicated when you start applying it to specific cases. So here is a basic… Read More »
