CALIFORNIA EMPLOYMENT LAW BLOG

  • The Test to Determine Whether a Worker is an Employee or a Contractor

    Why does it matter if a Sacramento worker is considered an independent contractor or employee? The difference is in the benefits. Employers do not have to provide as many benefits and rights to independent contractors as they do for actual employees.  To dig further into the disadvantages, contractors: Can be fired more easily than employees […]

  • Terminated for Discussing Pay in the Workplace – What Happens Next?

    Work culture in the United States puts a heavy emphasis on working hard for good pay, but part of that culture discourages workers from discussing pay. It’s considered rude in most conversations, but the truth is, it can let some employees know they are not being paid the same as others for the same work. […]

  • Tesla Facing Another Racial Discrimination Lawsuit in California

    On June 30, 2022, in Alameda County, California, 15 former and current Tesla factory workers filed a racial discrimination lawsuit against Tesla for alleged “rampant” racial discrimination while working for the electronic vehicle manufacturer. Tesla, no stranger to employment discrimination claims, is facing several other lawsuits in the months ahead. Tesla’s Current Racial Discrimination Lawsuit […]

  • Walmart Facing EEOC Lawsuit for Disability Discrimination and Retaliation

    As a large, big box retailer, Walmart likely has extensive experience addressing various employment issues. Recently, the EEOC filed suit on behalf of a former employer that was terminated for seeking reasonable work accommodation based on their disability at a North Carolina Walmart.  The EEOC alleged in their lawsuit that Walmart violated aspects of the […]

  • Are Those Non-Disclosure Agreements Enforceable?

    Non-disclosure agreements share many characteristics with standard contracts. However some of them may not be enforceable, even when all necessary components to establish legal obligations are present. An NDA does not guarantee the confidentiality of all information.  These confidentiality agreements do not apply to public records, such as SEC filings or corporate addresses. Furthermore, even when […]

  • Managers Deserve Overtime- What Does the Law Say?

    The 1970s was a golden age for American workers. Just look at the popular songs of the day: 1974’s “Takin’ Care of Business” by Bachman-Turner Overdrive, 1977’s “Take This Job and Shove It” by Johnny Paycheck, 1978’s “Blue Collar Man (Long Nights)” by Styx, 1980’s “9 to 5” by Dolly Parton, and 1983’s “She Works […]

  • Remote Work and Sexual Harassment – It Can Happen Over the Computer

    The COVID pandemic forced the world to pivot and adapt. It changed the way we look at our lives and our careers. The traditional workplace had to be reevaluated as millions began to work from home. The evolution and adaptation to working remotely happened fast and, in most cases, seamlessly. As the perception of work […]

  • Paying Managers Overtime – What the Law Says

    What does California law have to say about paying managers overtime? It has been a long, arduous journey – and continues today – with the state appearing at the forefront of the U.S. in strengthening overtime policies for employees, despite opposition from employers and the state legislature.  The daily overtime rule dates back to 1918, […]

  • How Quickly Does an Employer Have to Pay a Terminated Employee?

    Employees lose their jobs all the time. Although some must face the unfortunate reality of being unemployed, so long as the employer acted lawfully, an employer has every right to terminate their employees. Nonetheless, the State of California and federal law have specific rules employers must abide by to properly discharge employees and provide them […]

  • Do Employers Always Have To Make Accommodations For Employees With Disabilities?

    The short answer is no. But it’s a little more complicated than that. The law is trying to level the employment playing field as much as possible for persons who are challenged with disabilities but who are otherwise fully capable of performing the responsibilities of employment.  An employer’s responsibility to accommodate the needs of an […]