What is workplace harassment in California employment law? Under California’s Fair Employment and Housing Act (the “FEHA”), workplace harassment occurs when someone in the workplace mistreats another person based on their gender, race, national origin, sexual...
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California’s Worker Classification Laws (Assembly Bill 5, Assembly Bill 2257, and Proposition 22)
In September 2019, the California Legislature passed AB 5, which overhauled California law with respect to independent contractor relationships. Contrary to prior law, AB 5 presumed that all workers are employees, rather than independent contractors. Accordingly,...
Religious Discrimination
Can I sue my employer for religious discrimination in California? Under California law, it is a civil right to have the opportunity to seek and hold employment without discrimination based on religious creed. Employees who are discriminated against because of their...
Are You an Employee or Independent Contractor under California law?
One of the most common mistakes made by employers is misclassifying employees as independent contractors. While some employers misclassify workers because they do not understand the law, other employers intentionally do so to avoid their legal obligations to...
Time Off for Victims of Domestic Violence or Sexual Assault
California Labor Code §230.1 requires an employer with 25 or more employees to provide victims of domestic violence or sexual assault unpaid time off for up to 12 weeks to obtain help from a court; to seek medical attention; to obtain services from an appropriate...
What Damages Can You Receive From a Wrongful Termination Lawsuit?
You may be able receive the following types of monetary damages as part of your wrongful termination settlement: Lost Wages: This refers to any back pay you would have received, had you remained employed. This includes bonuses, any type of interest, pay raises...
FMLA/CFRA Employer Notice Requirements
General Notice (FMLA) All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of the FMLA and telling employees how to file a complaint. The poster must be displayed in a...
2021: New COVID-19 Laws & Regulations
RECORDING AND REPORTING REQUIREMENTS Taking effect 1 January 2021, Assembly Bill (AB) 685 establishes stringent COVID-19 recording and reporting requirements when employers receive notice of a potential COVID-19 exposure at the workplace. Among other things, AB 685...
Criminal History and Future Employment
Are there laws in place that protect me from discrimination based on my criminal history? The Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers of more than 5 employees from asking about the conviction...
The Common Misconception About Maternity Leave
This article explains an employee’s legal rights to maternity and pregnancy disability leave.