Got Labor Pains: The Blog
Is a “No Re-Hire Provision” Legal in My California Employment Contract?
Under California law (California Business and Professions Code Section 16600), “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind,” is prohibited. Among other things, this means that, absent special circumstances, an employer cannot require a California employee to sign an agreement restricting the employee’s… Read More »
Can a California Employee Waive Their Rights to Overtime Payment?
Unless a specific legal exemption applies, California employees are entitled to overtime pay for each hour worked in excess of 8 (and 12) per workday or 40 per workweek. Federal law mandates an overtime rate of one-and-one-half times the employee’s normal wage. California law goes a step further and requires payment for time and… Read More »
California Nurses and Overtime: Understanding Your Rights as a Nurse in the California Workplace
Nurses are the heartbeat of California’s health care system. These dedicated professionals often find themselves work long hours in stressful conditions, but what are California laws regarding paying nurses in the workplace? Overtime and the Alternative Work Week As you probably know, federal and state law requires employers to pay most of their employees… Read More »
Assistive Animals in the California Workplace: Your Rights as An Employee Under California Law
It is well established that California employers may not discriminate against an employee on the basis of a disability under both federal and state law. Those laws also provide, among other things, that an employer must make any “reasonable accommodation” requested by the employee for their disability to enable them to function at work…. Read More »
California Expands Sexual Harassment Training Requirements to Employers with Five or More Employees
Even before the #MeToo movement, California adopted laws in place requiring certain employers to train employees on sexual harassment prevention in the workplace. The 2005 law stated that only businesses with at least 50 employees needed to conduct such training. But a recent amendment to the law has reduced that threshold substantially. In September… Read More »
Artificial Intelligence in the Workplace and Discrimination: The Future of Work
A major benefit to progressive technology is automating routine tasks for efficiency. For instance, many businesses may use computer programs like Quickbooks or even Microsoft Excel to assist with mathematical equations to help run an efficient ledger. But there are some aspects of business where automation can raise significant legal issues. Let’s consider one… Read More »
As a California Employee, Do I Have Rights to Privacy in the Workplace?
Under California’s constitution, every resident of the state has the right to privacy. To support this right, a number of state laws are designed to protect an employee or job applicant’s privacy in the workplace. Ultimately, it is the employer’s obligation to follow these laws and have the necessary policies in place to ensure… Read More »
Sick Leave: Your Rights Under California Law
The last thing any employee wants to worry about when they are sick and battling a medical condition is the security of their employment. As a California employee, you may wonder, what are your rights for sick leave under state and federal law. We explore below. Federal Law The federal government does not require… Read More »
New California Law Expands Paid Family Leave Benefits for Military Families
California’s Paid Family Leave (PFL) program provides employees who are already covered by State Disability Insurance with benefits in the event they need time off from work to deal with a family member’s serious health condition or to bond with a new child. Under current law, PFL benefits replace between 60 and 70 percent… Read More »
New California Law Prohibits Employers From Requiring Employees to Sign Release of Claims and Non-Disparagement in Exchange for Bonus, Raise, or to Get/Keep Job
Last year, California legislators substantially rewrote the state’s laws governing sexual harassment in the workplace. Part of the nationwide response to the #MeToo movement, California Senate Bill 1300 amended the state’s Fair Employment and Housing Act (FEHA) to expand protections from workers who have been subject to illegal harassment. Among these changes are new… Read More »
