Category Archives: Employment Law
Does My Employer Have to Pay for My Work Uniform? Understanding California’s Labor Laws Regarding Employee Reimbursements
Section 2802 of the California Labor Code requires employers to reimburse employees for “all necessary expenditures” incurred “in direct consequence of” of the employee’s duties. For example, if an employer requires employees to wear a particular uniform, the employer must reimburse the employee for the cost of purchasing that uniform. Similarly, if an employee… Read More »
Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees
National origin discrimination is strictly prohibited by federal and California state law. Employers are prohibited from firing, refusing to hire, or disciplining an employee or job applicant based on their country of origin or nationality. Nor can an employer escape liability simply by claiming it was unaware of any such discrimination on the part… Read More »
The Cost of Age Discrimination: Google Pays $11 Million to Settle 227 Claims
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees or job applicants/prospective employees on the basis of age, provided the affected individual is age 40 or above. Although the law is clear on this point, the news is full of stories of employers who attempt… Read More »
When Do You Get Your Final Paycheck Under California Law? The Answer Depends on How You Leave
Most California workers are paid on a weekly or biweekly basis. But when an employer chooses to terminate an employee for any reason, California law requires “immediate” payment of any “wages earned and unpaid.” In other words, if you are fired or laid off, your now-former employer must give you your final paycheck that… Read More »
“Seaing” the Big Picture: Employment Rights For Seafarers and Cruise Ship Employees (International Seafarers’ Bill of Rights and the Jones Act)
Cruise ships are big business, especially in states like California and Florida. In California, and according to the most recent figures from the Port of Los Angeles, over 500,000 cruise ship passengers come through that port alone each year. And taking care of all those passengers requires a substantial investment in a ship’s crew…. Read More »
Does Your California Employer Have to Pay for Medical Testing If They Require it For Your Job?
The Americans with Disabilities Act as Amended (ADAAA) is a federal law which limits an employer’s ability to make inquiries into an employee or job applicant’s medical condition(s), so long as the employer has 15 or more employees. Prior to making an offer of employment, an employer is generally prohibited from asking any questions… Read More »
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 »
