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Helping You Navigate Workplace Issues in California

Category Archives: Employment Law

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 »

EmplLaw

Is a “No Re-Hire Provision” Legal in My California Employment Contract?

By Scott • Wagner and Associates |

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 »

Overtime2

Can a California Employee Waive Their Rights to Overtime Payment?

By Scott • Wagner and Associates |

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 »

Nurse2

California Nurses and Overtime: Understanding Your Rights as a Nurse in the California Workplace

By Scott • Wagner and Associates |

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 »

AssisAnimal

Assistive Animals in the California Workplace: Your Rights as An Employee Under California Law

By Scott • Wagner and Associates |

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 »

AI

Artificial Intelligence in the Workplace and Discrimination: The Future of Work

By Scott • Wagner and Associates |

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 »

Worker

As a California Employee, Do I Have Rights to Privacy in the Workplace?

By Scott • Wagner and Associates |

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 »

SickLeave

Sick Leave: Your Rights Under California Law

By Scott • Wagner and Associates |

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 »

Employment7

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

By Scott • Wagner and Associates |

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 »

Paycheck

When Should I Be Paid My Final Paycheck in California?

By Scott • Wagner and Associates |

We’ve all heard the saying: out of sight, out of mind. So, what happens if you’ve left your California job and have not received your final paycheck? What are the laws regarding how soon it needs to be paid, what needs to be included, and what are your rights when it comes to collecting?… Read More »

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