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Helping You Navigate Workplace Issues in California

Category Archives: Employment Law

Discrimination

Who Is Responsible for Racial Discrimination in the Workplace? California Court Addresses Liability of Staffing Agencies

By Scott • Wagner and Associates |

Sexual harassment and racial discrimination are both prohibited under California law. An employee who is the victim of either may sue their employer (or former employer) for damages. But what about other parties? For example, could a victim of employment discrimination sue a staffing agency? A recently published decision from the California Second District… Read More »

RideshareDriver

California Accuses Uber & Lyft of “Misclassifying” Drivers

By Scott • Wagner and Associates |

In recent years, there have been a number of lawsuits aimed at determining the legal status of drivers who use ride-sharing apps to connect with customers. The two largest ride-sharing companies, Uber and Lyft, have always maintained drivers are “independent contractors” who are not entitled to any of the legal benefits of employees, such… Read More »

PayInequality

Ninth Circuit Rules for Second Time That Employers May Not Use “Salary History” to Justify Paying Women Less Than Men

By Scott • Wagner and Associates |

Since the 1960s, the federal Equal Pay Act (EPA) has prohibited employers from paying women less than men to perform the same job. Put another way, an employer cannot engage in pay discrimination on the basis of sex. But an employer may be able to justify a pay disparity on a “factor other than… Read More »

LostJob

Have You Lost Your Job Due to COVID-19? Here Is What You Need to Know About Applying for State Benefits

By Scott • Wagner and Associates |

With California businesses closed due to the COVID-19 pandemic, many workers suddenly find themselves with reduced or no income. If you have lost your job or had your hours reduced, here are a few things you need to know about applying for state benefits. Applying for Disability Insurance If you cannot work because you… Read More »

Coronavirus3

COVID-19, the Federal CARES Act and your California California Unemployment Benefits: What You Need to Know

By Scott • Wagner and Associates |

In response to the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, which the President signed into law on March 27, 2020, and which went into effect on April 1, 2020. While the CARES Act is designed to provide broad-based support for the economy, several of its key… Read More »

Complaint2

When Workplace Discrimination Forces You to Quit: Understanding “Constructive Discharge”

By Scott • Wagner and Associates |

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 »

AtWork

New California Law Extends Time for Filing State Employment Discrimination Complaints

By Scott • Wagner and Associates |

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 »

Employment4

What Is a PAGA Claim and How Do I File One?

By Scott • Wagner and Associates |

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 »

OvertimeEmployee

When Am I Entitled to Overtime Pay Under California Law?

By Scott • Wagner and Associates |

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 »

Paycheck

What Pay Am I Entitled to When I Leave My Employment?

By Scott • Wagner and Associates |

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 »

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