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Helping You Navigate Workplace Issues in California

Got Labor Pains: The Blog

Paycheck

What Pay Am I Entitled to When I Leave My Employment?

By Scott • Wagner and Associates |

If you work in California, your employer is normally required to pay you at least twice during each calendar month on regularly designated paydays. But what happens when your employment ends and you need to receive your final paycheck or wages? Does the employer have to pay you right away, or can it wait… Read More »

Tip

Is a “Service Charge” a “Gratuity”? San Francisco Court Revives Banquet Server’s Lawsuit

By Scott • Wagner and Associates |

In California, the law states that when a customer leaves a “gratuity,” that money is the “sole property of the employee or employees to whom it is paid, given, or left for.” The employer cannot keep any portion of the gratuity for itself, nor can it force the employees to share the money with… Read More »

ClinicWorker

Calif. Court Recognizes Ventura Clinic Workers as Public Employees, Orders County to Process Union Petition

By Scott • Wagner and Associates |

In California, the Meyers-Milias-Brown Act (MMBA) protects the right of public employees to communicate with their government employers through a union. The MMBA requires a public employer to meet and engage in “good faith” negotiations with a recognized employee union to bargain wages, hours, and other terms of conditions of employment. The California Second… Read More »

EmpContract2

Nondisclosure and Confidentiality Agreements: How California Law Allows Your Employer to Limit What Business Information You Can Take With You

By Scott • Wagner and Associates |

California employers often require their employees to sign nondisclosure agreements protecting any “trade secrets” of the business. A trade secret can broadly refer to any information that is not generally known outside of the employer, such as customer lists, unpatented inventions, or formulas and processes used in producing the employer’s products. If a current… Read More »

NonCompete3

Enforcement of International Restrictive Covenants: When Your Non-Compete or Non-Solicitation Agreement is Worldwide

By Scott • Wagner and Associates |

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 »

Discrimination

Calif. Restaurant Chain Settles EEOC Charges of Refusing to Hire Male Servers

By Scott • Wagner and Associates |

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 »

EmpLaw3

Opt-Out Provisions, Handbook Policies, and Arbitration Agreements: When Are Arbitration Agreements Enforceable Under California Law?

By Scott • Wagner and Associates |

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 »

Worker3

Reducing Worker Misclassification: Independent Contractors versus Employees and what the Passage of AB5 Means for California’s Workers

By Scott • Wagner and Associates |

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 »

EmpLaw2

Franchisor Liability: Federal Court Weighs in on the Definition of “Joint Employer”

By Scott • Wagner and Associates |

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 »

ConsRights4

“Why Can’t Your Wife Stay Home and Take Care of the Child?”: Asserting Your Right to Family Leave in California

By Scott • Wagner and Associates |

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 »

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