The short answer is no, but to fully understand California’s leave laws, we must first look at California Family Rights Act (CFRA) and the Federal Family Medical Leave Act (FMLA). Despite the two covering similar issues, there are key differences. California Family...
howardrutten
Can an employee be fired for reporting when his employer breaks the law?
A whistleblower is an employee who “tells” on their employer because an employee reasonably believed that the employer committed an illegal act. Many violations of the law, and many dangers to public health and safety, go unreported because people who know about them...
Can an employee be fired for reporting sexual harassment?
Standing up against sexual harassment in the workplace is a protected activity. It’s your right to expect that your workplace is free of sexual harassment, and your employer isn’t legally allowed to retaliate against you for reporting it. Under federal and California...
How do I know if I was discriminated against because of my age?
Discrimination can take many forms. For most employees, getting fired or laid off because of their age is the most harmful type of discrimination. However, any adverse or unlawful actions against an employee may be a form of discrimination. Age discrimination is...
Wrongful Termination Due to Mental Disability
It is unlawful for a California employer to discriminate refuse employment to or to terminate an employee on the basis of a mental or physical disability or medical condition. Other discriminatory practices include demotion, refusing to train a prospective employee...
Can an employer in California refuse to hire someone with a disability?
In most cases, it is unlawful in California for an employer to discriminate against an applicant because of his or her physical or mental disability. Employment discrimination based on a real or perceived disability is a violation of California state and federal law....
Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart
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...
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...
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...
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...
