The Family and Medical Leave Act (FMLA) is a federal law that provides job security to an employee who is absent from work because of the employee’s own serious health condition or to care for specified family members with serious health conditions, as well as for the birth of a…
California law prohibits discrimination against job applicants and employees on the basis of age, race, color, religion, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), national origin, ancestry, mental and physical disability (including HIV and AIDS), medical conditions (such as cancer and genetic characteristics), marital status, genetic information, sexual…
Breaking up is hard to do. There can be many reasons why an employer finds it necessary to end the employment relationship. It could be for performance reasons, a reduction in force or realignment of duties. Under any of these circumstances, it is not to easy to tell an employee…
Here are some fun facts about lunch. The origin of the word lunch (luncheon) comes from the anglo-saxon word, “nuncheon,” meaning “noon drink.” In Spanish, the word for lunch is almuerzo. In German, lunch is mittagessen. Hobbits call it Elevenses. In California, however, lunch is called… mandatory. The Basics Under…
In 1970, after finding early success as a musician, a twenty-five-year-old Neil Young purchased the Broken Arrow Ranch in Northern California. As part of the purchase, Mr. Young inherited two elderly employees, Louis Avila and his wife Clara, who lived on the ranch as caretakers. A fond relationship developed, and…
The #MeToo movement, with its focus of preventing sexual harassment and sexual assault, has led to the passage of new California employment laws. Some of these laws are good for employers, some are bad, and some depend on your political outlook. Regardless of political affiliation, there is no doubt that…
The importance of an employee handbook cannot be understated. As long as the handbook is drafted properly, and the policies are followed, an employee handbook can be used as both a sword and shield to protect the employer from liability. As a shield, an employee handbook helps reduce potential liability.…
If you have been recently fired, you have come to the right place. Being fired is a terrible experience. Not only does it take away your livelihood, but it is often unfair and unjustified. But just because the termination is unfair, it does not mean it is unlawful. I meet…
In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. But what happens if the employee is unable to return to work after the protected leave expires? When…
The Independent Contractor classification may not be dead, but it is seriously wounded. The California Supreme Court recently announced a new test for determining whether a worker is an employee or an independent contractor in the landmark decision of Dynamex Operations West, Inc. v. Superior Court of Los Angeles, No.…