In a significant victory for California employers, the 9th U.S. Circuit Court of Appeals reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code's wage statement and meal-break provisions. The decision is...
Year: 2021
California’s new mask mandate
Beginning June 15, fully vaccinated people will be able to resume everyday activities without wearing a mask. Masks will be required for unvaccinated individuals in indoor public settings and businesses. Masks will be required in some limited situations regardless of...
Employers cannot use the I-9 process to discriminate
Because of the Immigration Reform and Control Act of 1986, most employers in the U.S. have a legal obligation to verify both the identity and work eligibility of their employees. They do so by completing and retaining form I-9, Employment Eligibility Verification, for...
Am I being sexually harassed at work?
Sexual harassment in the workplace is not as obvious as you might think. According to Business Insider, lots of behaviors fall into the category of harassment, which prevents some victims from recognizing it, even when it happens to them. While it is up to your...
Cal/OSHA Issues Guidance on Fully Vaccinated Employees
As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary Standard (ETS). While there had been discussions...
Common FMLA violations by employers
If you have worked for your California employer for several years and only taken standard vacation and personal days, you might not know your rights under the FMLA. You may qualify for leave if you have aging parents who require your care. According to the U.S....
Failing to accommodate a disability may result in a legal action
The Americans with Disabilities Act requires employers to provide workers with reasonable accommodations if it does not cause an undue hardship. Individuals who require some assistance to perform tasks may ask for it without fear of losing their jobs. An accommodation...
Does COVID-19 constitute a disability under FEHA?
First, under the FEHA an employer is prohibited from discriminating against an employee due to a physical or mental disability. A physical disability is defined as including “any physiological disease, disorder, condition” that affects a person’s neurological or...
Can diversity and inclusion help reduce workplace discrimination?
The workplace can create situations where discrimination can easily happen. Any time you have a group of people where there is a minority such issues often come up. One way your employer may try to reduce discrimination and create a work environment where everyone...
Sexual harassment victims often face retaliation, termination
You have a right to feel comfortable in your California work environment, and you should not have to deal with sexual harassment while trying to make a living. Research shows that sexual harassment continues to be a problem in many American work environments. Also,...