Category Archives: Employment Law
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 »
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 »
