When an employee is supposed to receive their final paycheck from their employer is dependent on the state they live on and possibly on the nature of the separation. According to federal law, which establishes a minimum requirement, employers are required to issue a...
The Rutten Law Firm, APC
CA clarifies its prior ban on employers’ inquiries into salary history
In 2017, the California legislature passed Assembly Bill 168 (AB 168) adding Section 432.3 to the Labor Code. AB 168 imposed various restrictions on employers with respect to applicants, including prohibiting employers from seeking salary history information about an...
CA employers obligated to provide copies of payroll records free of charge
Existing law (Labor Code section 226) requires employers to allow current and former employees to inspect or make copies of certain payroll-related records, upon reasonable request. Employers were even allowed to charge employees for the cost of making such copies,...
Pay disparities getting smaller but still problematic
In San Francisco, California, women in the tech sector make about 6 percent less than men who perform similar jobs. This was according to data compiled by a recruiting firm called Hired. Nationally, women in the technology sector made 3 percent less than men. Where a...
What are the legal remedies for sexual harassment at work?
Many people who experience sexual harassment in the workplace face conflicting pressures that can make it difficult to know how to respond. These victims may feel as though they cannot spend the time, energy and resources necessary to pursue legal action, or may worry...
Employers’ right to silence sexual harassment victims restricted under new California law
Under Assembly Bill 3109 (AB-3109), any contract or settlement agreement will be deemed void and unenforceable if it contains a provision waiving a party's right to testify regarding criminal conduct or sexual harassment by the other party or the other party's...
Nursing mothers must be provided location other than bathroom to express milk per new California employment law
California employers were already required to provide employees with a reasonable break time and a reasonable room or other location, "other than a toilet stall," for the purposes of expressing milk. That, however, is no longer enough thanks to the passage of Assembly...
No more secret “me too” settlements in California
Sexual harassment and/or discrimination settlement agreements have often included confidentiality provisions or non-disclosure agreements (NDAs) prohibiting victims from disclosing terms of settlement and the underlying facts of their claim. Beginning January 1, 2019,...
Don’t become a victim of whistleblower retaliation, fight back
Blowing the whistle on your employer is never an easy decision. However, if you want to do the right thing, you should know that it won't adversely impact your employment. Even though there is no place for whistleblower retaliation, it remains a problem....
Entertainment unions come together against workplace harassment
The #MeToo movement and revelations about sexual harassment in the entertainment industry and elsewhere have led to significant efforts to reform the industry in California and elsewhere. Harvey Weinstein, the prominent movie producer, was at the center of many of...