Category Archives: Labor and Employment
When You’re Sick With a Medical Condition and Need Time Off: Who Is Entitled to Medical Leave Under California Law
Life happens. Maybe it is your own serious medical condition or that of an immediate family member. When a medical emergency occurs, the last thing on your mind may be the worry of whether you will come back to a job. Luckily for employees in California, both federal and state laws require that most… Read More »
California State Law Bars Use of Salary History in Attempts to Justify Paying California Women Less Than Men
“What is your current salary?” “What are your salary expectations?” “What did you make at your last job” For many job seekers, these have historically been expected question at any job interview. However, with the passage of California’s AB 168 (which led to the creation of California Labor Code section 432.3), and as of… Read More »
Can My Criminal Record Legally Prevent Me From Getting a Job in California?
It is a fact that the conviction rates in America for African Americans and Hispanics are substantially higher rate than whites in the United States. So, if an employer declares it will not hire anyone with a criminal record–regardless of the circumstances or job-requirements–such a policy may have a measurable and adverse impact on… Read More »
Intermittent Leave Under California Law: Your Rights When You Have an Ongoing Medical Condition
Medical leave in California involves a complex web of state and federal regulations, in addition to whatever leave policies your individual employer maintains. It is worrisome enough to deal with a serious medical condition on your own, but the situation can become even more stressful if you are worried about losing your job while… Read More »
All Workers Presumed to Be Employees (Unless the Employer Can Prove Otherwise): The State of Independent Contractors vs Employees in California
Open the business section of any newspaper on a given day, and it is likely you’ll find a reference to our current “gig economy.” Gig what? Economists call the state of our current economy a “gig economy,” referencing the shift of individuals from traditional employment to working as independent contractors. And there may be… Read More »
But What About My Expenses? California Law on Unreimbursed Business Expenses
Under California law (California Labor Code §2802), California employers are required to reimburse employees for all “necessary expenditures… incurred by the employee in direct consequence of the discharge of his or her duties…” California law prohibits employers from deducting these necessary, business-related expenses from an employee’s pay. Common expenses for which an employer is… Read More »
Can A California Employer Fire Someone For Having A Workplace Romance?
Forbes magazine reports results from a recent survey finding that four out of 10 employees have dated someone at work; 17 percent have done it twice. But what about those workplace policies banning fraternization or interoffice relationships? Are they legal? And can you be subject to disciplinary action (or even termination) if your employer… Read More »
Reasonable Accommodation and the Rights of Disabled Employees in California
Most employees working for employers of five (5) or more employees are covered under the state disability laws in California – and those working with bigger companies may also be covered under the federal disabilities laws . The Americans With Disabilities (ADA) covers businesses with at least 15 workers, while the California Fair Employment… Read More »
California Women Continue to Struggle for Equal Pay in Public, Private Employment
“Equal pay for equal work” has been a longstanding goal of federal and state laws designed to eliminate the wage gap between men and women in the workplace. Unfortunately, simply passing laws does not magically undo the effects of decades of employment discrimination. Even in California, a state that is noted for its progressive… Read More »
Is It Legal to Discriminate Against an Employee Who Uses Medical Marijuana in California?
California law traditionally protects employees from workplace discrimination based on a medical condition. But the law also permits employers to conduct drug testing of employees, under certain circumstances, to screen for the presence of illegal drugs. This can present a problem for patients who require medical marijuana to treat a legitimate medical condition. Although… Read More »
