Category Archives: Labor and Employment
Are U.S. Tech Companies Protecting an Ancient Form of Social Hierarchy? California Authorities Charge Cisco with Caste-Based Discrimination
California attracts workers from all parts of the globe. This means that various aspects of foreign cultures also find themselves imported into the United States–including certain practices that may violate federal and state laws prohibiting employment discrimination. Indeed, a recent lawsuit filed by California’s Department of Fair Employment and Housing (DFEH) addresses a particular… Read More »
Are Unpaid Internships Legal in California? The Low Down on Internships
Many California college students and recent graduates are offered unpaid internships so they can “learn about” a particular industry. By some accounts, there are over 1.5 million unpaid interns working in the United States. But is it really legal to ask someone to work for no pay? The answer is maybe – under certain… Read More »
Traveling For Work with Your Boss and Sexual Harassment: A (Potential) Recipe for Disaster
All California employers should have a comprehensive policy to prevent sexual harassment. Depending on the nature of the employer’s business, such policies may need to cover more than strictly in-office conduct. If employees are required to travel as part of their official duties, the employer should take steps to preempt any potentially harassing or… Read More »
Does a Union Contract Override a California City’s Minimum Wage Rules?
A common source of wage and hour disputes in California is the proper calculation of an employee’s minimum wage. There are often a host of overlapping federal, state, and local rules to consider. The federal government sets the minimum wage at just $7.25 per hour, while California law requires higher pay (increasing each year),… Read More »
Complaints in the Workplace: When Should an Employer Conduct a Workplace Investigation?
If you are an employer who has received a complaint from an employee, you likely have an obligation under the law to conduct a prompt and thorough investigation of claims of these claims as soon as possible. In this article, we use the term “employer” to mean Human Resources or senior management. For example,… Read More »
My Employer Has a “No Fault” Attendance Policy: Now What?
If your employer has a written attendance policy, you need to carefully review all of its terms. Many California employers adopt a so-called “no-fault” attendance policy that assigns points for any unexcused absence regardless of the cause. Under these policies, the idea is that when an employee reaches or exceeds a certain points threshold,… Read More »
How Does the ADAAA Protect Me If I Need Additional Time Off from Work for My Medical Condition?
California workers often need time off to deal with a medical illness or disability. There are a number of state and federal laws protecting a worker’s right to take a certain amount of paid and unpaid medical leave. Some employers may also offer additional leave through employment agreements and written policies. But even if… Read More »
The Ministerial Exception: Can Employees Working for Religious Institutions Sue for Discrimination in California?
Federal and state anti-discrimination laws cover most private employers in California. Among other things, this means an employer cannot fire an employee on the basis of their sex or religious beliefs. But the courts have carved out an important exception to these laws for religious institutions: the ministerial exemption/exception. As explained by the U.S…. Read More »
Pumping at Work: California Expands Protections for Nursing Mothers in the Workplace (To All Workers in the State)
So, you’re finally ready to go back to work after giving birth to your child, but what are you going to do about pumping? Mothers returning to work following childbirth may worry about balancing the difficulties with continuing to nurse their child while maintaining a full-time job. Recently, the California legislature enacted new rules… Read More »
U.S. Citizens Working Abroad for a Multinational Employer: Your Basic Rights
Move over, Dora the Explorer. You’ve finally done it! You’re a U.S. Citizen who got the job offer to work abroad. Before you start packing your bags for the big move, take a minute to consider what laws may apply (and protect) you as a U.S. Citizen working abroad. What Laws May Protect Me… Read More »
