Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal...
Month: September 2015
State Court vs. Federal Court in Employment Litigation
There are many choices that a plaintiff must make when he or she decides to bring a lawsuit. A number of variables may affect the manner in which a case proceeds, and the judgment in which it ultimately results. One of the most important decisions that must be made at...
Associational Disability Discrimination in the Workplace
Workplace discrimination can occur in numerous forms. Federal and state laws not only prohibit an employer from taking adverse action against an employee due to that employee's protected characteristics (such as race, religion, national origin, or disability status),...
Termination After Relocation: California Law Protects Employees Fired from Distant Positions that were Falsely Advertised
The concept of at-will employment can often seem unfair. Many workers who feel they have been fired unjustly hope to take legal action against their former employers, but are disappointed to discover that they do not have sufficient grounds to bring viable lawsuits...
Advantages of Suing for Harassment Under FEHA
California's Fair Employment and Housing Act (FEHA) offers plaintiffs many advantages over its federal counterpart, Title VII of the Civil Rights Act of 1964. These advantages are particularly significant in the area of harassment. To begin with, Title VII does...
Overtime Compensation in California
California's basic overtime provisions are expressed in section 510 of the state Labor Code. Section 510 mandates that employees who work more than eight hours in a single workday, more than 40 hours in a single workweek, or up to eight hours on the seventh...
Non-Competition Clauses in California
Beginning a new job typically involves a great deal of paperwork. New employees invariably must fill out all manner of forms ranging from company policy acknowledgements to direct deposit authorizations. Due to the sheer number of documents associated with embarking...
Amazon, the New York Times, Nick Ciubotariu, and the Invisible Warehouse Employee
Recently the New York Times ran a highly publicized piece on the work environment supposedly created and fostered at Amazon.com. The focus of the article was mostly on Amazon's campus in Seattle and the plight of the fairly compensated lower and middle tier staff. The...
A Disabled Employee’s Right to Reasonable Accommodations in California
It is illegal under both California and federal law for an employer to terminate or take other adverse employment action against an employee because that employee is disabled. In order to prevail on a wrongful termination claim for disability discrimination, however,...