Articles

Wrongful Termination

California workers have rights that prohibit employers from firing them for unlawful reasons. This is true even for an “at-will” employee. The following is a non-exhaustive summary of a few of these protections. A particular employee’s situation must be analyzed on a case-by-case basis by a qualified attorney to determine how federal or California law may apply. The California Fair Employment and Housing Act (the “FEHA”), California Government Code § 12940(a), makes it unlawful for FEHA-covered employers to terminate an…Read More

Meal Periods & Rest Breaks

California law obligates employers to afford their nonexempt employees unpaid meal periods and paid rest breaks during the workday. (California Labor Code § 226.7, 512.)  Failure to do so can obligate the employer to pay the employee one hour of wages for each day that either a meal period violation or a rest break violation occurs. Meal periods and rest breaks in California are governed by complex statutes, regulations and Industrial Welfare Commission (“IWC”) Wage Orders that are specific to…Read More

Unpaid Wages

Employees work long hours for themselves and their families. Too often they are not paid in accordance with the law. The federal Fair Labor Standards Act (“FLSA”) and California law both create various rights for employees concerning the payment for labor. These laws are complex and the following is simply a summary of some common principles. Exceptions and exemptions exist. A particular employee’s situation must be analyzed by a qualified attorney on a case-by-case basis to determine how the wage-and-hour…Read More

Pregnancy Discrimination

California has laws and regulations that protect pregnant employees from discrimination and harassment, and ones that provide for leave due to disability related to pregnancy, childbirth and pregnancy-related medical conditions. The California Fair Employment and Housing Act (the “FEHA”) outlaws covered employers from engaging in several employment practices relating to persons on account of pregnancy. These prohibitions include, but are not limited to: refusing to hire or promote, demoting, harassing an employee, or terminating employment on account of pregnancy. The…Read More

Family And Medical Leave

Laws exist to provide job protection for employees who need to be absent from work because of the employee’s serious health condition, the birth and care of the employee’s child, and/or the placement of child through adoption or foster care with the employee. These laws can also provide for leave for an employee to care for specified family members who have a serious health condition. While some persons may know of the federal Family and Medical Leave Act (“FMLA”), (29…Read More

Disability Discrimination

California law provides protections for employees with disabilities that are independent from, and often broader than, those provided by the federal Americans with Disabilities Act. The California Fair Employment and Housing Act (the “FEHA”) outlaws covered employers from engaging in several employment practices relating to persons with a qualifying physical disability, mental disability or medical condition who are able to perform the essential job duties with, or without, reasonable accommodation including: Refusing to hire or employ a person because of…Read More