Got Labor Pains: The Blog
California Approves Law Requiring More Women on Public Company Boards
Historically, corporate boardrooms have been dominated by male directors. In response to this, some countries, such as Germany, have imposed legal quotas requiring a certain percentage of female directors on corporate boards. Recently, California became the first U.S. state to take a step in that direction. On September 30, 2018, Gov. Jerry Brown signed… Read More »
What Is “Regarded-As” Disability Discrimination?
It is against the law for any California employer to discriminate against an employee based on a disability. But is also unlawful for an employer to take an adverse action based on an employee’s perceived disability. This is known in legal parlance as “regarded-as” disability discrimination. It basically covers situations where an employer incorrectly… Read More »
California Bans “Secret” Sexual Harassment Settlements
In light of the ongoing scandals surrounding high-profile cases of sexual harassment and sexual assault, California legislators have moved to restrict the ability of employers and other parties to enforce confidentiality clauses in civil settlement agreements. Many California businesses choose to resolve sexual harassment and related allegations out-of-court, but only on the condition of… Read More »
Are Unpaid Internships Legal in California? The Low Down on Internships
Many California college students and recent graduates are offered unpaid internships so they can “learn about” a particular industry. By some accounts, there are over 1.5 million unpaid interns working in the United States. But is it really legal to ask someone to work for no pay? The answer is maybe – under certain… Read More »
Traveling For Work with Your Boss and Sexual Harassment: A (Potential) Recipe for Disaster
All California employers should have a comprehensive policy to prevent sexual harassment. Depending on the nature of the employer’s business, such policies may need to cover more than strictly in-office conduct. If employees are required to travel as part of their official duties, the employer should take steps to preempt any potentially harassing or… Read More »
Does a Union Contract Override a California City’s Minimum Wage Rules?
A common source of wage and hour disputes in California is the proper calculation of an employee’s minimum wage. There are often a host of overlapping federal, state, and local rules to consider. The federal government sets the minimum wage at just $7.25 per hour, while California law requires higher pay (increasing each year),… Read More »
Complaints in the Workplace: When Should an Employer Conduct a Workplace Investigation?
If you are an employer who has received a complaint from an employee, you likely have an obligation under the law to conduct a prompt and thorough investigation of claims of these claims as soon as possible. In this article, we use the term “employer” to mean Human Resources or senior management. For example,… Read More »
My Employer Has a “No Fault” Attendance Policy: Now What?
If your employer has a written attendance policy, you need to carefully review all of its terms. Many California employers adopt a so-called “no-fault” attendance policy that assigns points for any unexcused absence regardless of the cause. Under these policies, the idea is that when an employee reaches or exceeds a certain points threshold,… Read More »
How Does the ADAAA Protect Me If I Need Additional Time Off from Work for My Medical Condition?
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 »
The Ministerial Exception: Can Employees Working for Religious Institutions Sue for Discrimination in California?
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 »
