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Helping You Navigate Workplace Issues in California

Got Labor Pains: The Blog


Have You Lost Your Job Due to COVID-19? Here Is What You Need to Know About Applying for State Benefits

By Scott • Wagner and Associates |

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

By Scott • Wagner and Associates |

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”

By Scott • Wagner and Associates |

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

By Scott • Wagner and Associates |

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?

By Scott • Wagner and Associates |

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

By Scott • Wagner and Associates |

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?

By Scott • Wagner and Associates |

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 »


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 »


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 »


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 »

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* Cathleen Scott is licensed to practice in Florida only.

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