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Category Archives: Employment Law

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 »

EmpLaw4

Does My Employer Have to Pay for My Work Uniform? Understanding California’s Labor Laws Regarding Employee Reimbursements

By Scott • Wagner and Associates |

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 »

Employment7

Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees

By Scott • Wagner and Associates |

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 »

AgeD

The Cost of Age Discrimination: Google Pays $11 Million to Settle 227 Claims

By Scott • Wagner and Associates |

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 »

Paycheck2

When Do You Get Your Final Paycheck Under California Law? The Answer Depends on How You Leave

By Scott • Wagner and Associates |

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 »

CruiseEmployee

“Seaing” the Big Picture: Employment Rights For Seafarers and Cruise Ship Employees (International Seafarers’ Bill of Rights and the Jones Act)

By Scott • Wagner and Associates |

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 »

DocMal

Does Your California Employer Have to Pay for Medical Testing If They Require it For Your Job?

By Scott • Wagner and Associates |

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 »

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