Category Archives: Employment Law
When Workplace Discrimination Forces You to Quit: Understanding “Constructive Discharge”
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
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?
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 »
When Am I Entitled to Overtime Pay Under California Law?
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?
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
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
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 »
Nondisclosure and Confidentiality Agreements: How California Law Allows Your Employer to Limit What Business Information You Can Take With You
California employers often require their employees to sign nondisclosure agreements protecting any “trade secrets” of the business. A trade secret can broadly refer to any information that is not generally known outside of the employer, such as customer lists, unpatented inventions, or formulas and processes used in producing the employer’s products. If a current… Read More »
Enforcement of International Restrictive Covenants: When Your Non-Compete or Non-Solicitation Agreement is Worldwide
California is part of a global economy. As such, many California employers seek to limit their employees’ ability to work for competing firms throughout the country–and even around the world–after their employment ends. This is normally attempted through one or more types of restrictive covenants, including non-compete or non-solicitation clauses in an employment agreement…. Read More »
Opt-Out Provisions, Handbook Policies, and Arbitration Agreements: When Are Arbitration Agreements Enforceable Under California Law?
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 »
