[COLUMN] My Filipino accent cost me a promotion
Is that legal? Q: I AM a college graduate in business management from the Philippines who migrated to the United States. I got work as a caregiver at a…
Read More
[COLUMN] Being fired after getting sick
Why your written notices to employer can better protect you Q: I got along great with my former boss, but I could sense our new manager didn’t like me from…
[COLUMN] Extra wages for late or missed meal breaks should be paid immediately
Q: Our employee handbook says we’re supposed to get meal breaks before the end of the 5th hour of our shift, but work gets so busy that I don’t have…
[COLUMN] Is unfair termination unlawful?
Q: I worked in a company for over 10 years. A new supervisor and I do not get along. Last week, the company terminated me without any explanation. I do…
[COLUMN] Informing employer of unlawful conduct at work is protected activity
When job termination can give rise to employee’s legal action Q: I’m an account executive at a real estate company. I enjoy the work and I’m good at it. But…
[COLUMN] ‘Poor performance’ does not excuse employer retaliation against whistleblower
Wallen Lawson worked as a territory manager for two years for PPG Architectural Finishes, Inc. (PPG), a paint manufacturer. Lawson sold and stocked PPG paint products in Lowe’s home improvement…
[COLUMN] Should a few minutes of unpaid work time matter?
Looking closely at your time records Some employers do not pay for a “few minutes” of time worked by employees before or after their schedules. Five or ten minutes of…
[COLUMN] Wages not paid on time or not shown in paystubs warrants employee recovery of monetary penalties
When an employee quits from work, the employer must pay all wages due within 72 hours, unless the employee has given 72-hour previous notice in which case payment shall be…
[COLUMN] Rights of injured or sick employees in the workplace
Q: WHILE driving back to the office from a work errand for my Manager, my car was rear ended. I sustained injuries as a result of which I underwent surgeries….
[COLUMN] When immigrant employees are threatened with deportation
Do threats constitute human trafficking or forced labor? Q: I WAS petitioned by my current employer to work in a residential care facility in the US. I work 6 days…
[COLUMN] When unwelcome or offensive conduct creates an illegal hostile work environment
Jane Doe worked in the office of the California Department of Corrections and Rehabilitation (CDCR). She and another CDCR employee who worked in the same location, Correctional Officer Luis Serna,…
Are you paid for all hours worked?
Employees lose wages when employers round down or shave work hours Moises Negrete worked at Conagra Foods, Inc.’s food processing facilities located all over California. Moises and other workers sued…
[COLUMN] Firing of employee who reported wage violations violated whistleblower retaliation law
Q: MY co-workers and I have been having an issue getting our paychecks on time from our manager. Sometimes we would go more than a month without getting paid, which…
[COLUMN] Daily-rate eployees must be paid overtime wages
The US Supreme Court recently highlighted the importance of overtime laws. In eliminating “oppressive working hours”, it sought to ensure that employees are properly compensated for “the burden of working…
[COLUMN] Are employee paystubs just a piece of paper?
Employer pays $58.5 Million settlement for wage-statement violations Like many other employees, you may usually just file away the pay stubs you receive from your employer, biweekly or twice a…
[COLUMN] Misclassification as independent contractors can be costly to employees and employers
$75 million employer payout for class of insurance agents Irene Parry and Jeanette O’Sullivan worked as captive insurance agents for Farmers. They sold insurance products in California on behalf of…
[COLUMN] Are employee paystubs just a piece of paper?
Employer pays $58.5 Million settlement for wage-statement violations Like many other employees, you may usually just file away the pay stubs you receive from your employer, biweekly or twice a…
[COLUMN] California law entitles new fathers to baby-bonding leave with guaranteed job protection
Q: MY wife and I are having a baby. My wife has scheduled to go on maternity leave. Somebody mentioned to her about bonding leave for new dads. However, I…
[COLUMN] New minimum wage law requires upward adjustments for some salaried employees
Some salaried employees in California, including a category of relatively higher-paid workers, may be entitled to pay increases because of minimum-wage increases that went into effect this year. In 2017,…
[COLUMN] Employees’ right to bereavement leave now guaranteed under new law
A new law in California has guaranteed bereavement leave to all California employees. California’s Assembly Bill 1949 (A.B. 1949) went into effect this year, and makes it unlawful for an…
[COLUMN] Employees’ reproductive-health choices are protected under anti-discrimination laws
Q: I previously worked as a clerk in a large office. I used to like working there, but recently my manager made me so miserable at work. It started when…
[COLUMN] Good news for business owners: Loss of business income due to COVID-19 may be covered by insurance
THE COVID-19 pandemic caused significant business disruptions. However, numerous businesses have been denied insurance relief for the losses they incurred. Some have turned to the courts for help only to…
[COLUMN] Should you sign a ‘release’ when leaving your job?
Q: I was fired from work last week and another co-worker also quit at around the same time. Our employer told us both to sign an “exit form” and a…
[COLUMN] Employers must provide timely, uninterrupted and duty-free meal and rest breaks
Q: MY co-workers and I are having problems not getting our meal breaks at work. We work 12-hour shifts, and the handbook says we’re supposed to get 2 meal breaks. …
[COLUMN] Partially disabled employees are protected against employers’ physical requirements unrelated to actual job duties
Years ago, my firm represented an employee who was fired after he got a permanent partial disability due to a workplace injury. The employer reasoned that he was a potential…
[COLUMN] Employers’ duty to protect employees against harassment from non-employees
Q: I feel I am being harassed at work and my manager is not doing enough to stop it. My manager is calling asking me to come back, but I’m…
[COLUMN] Employers cannot use immigration status to avoid following employment laws
Q: I WORKED as a caregiver in a nursing home. I complained to my manager that the owner’s husband was sexually harassing me, but she told me I was overreacting…
[COLUMN] Employers cannot use immigration status to avoid following employment laws
Q: I worked as a caregiver in a nursing home. I complained to my manager that the owner’s husband was sexually harassing me, but she told me I was overreacting…
[COLUMN] Caregivers must be paid overtime by Los Angeles County as joint employer
THE State of California, in partnership with various counties throughout the state, administers an In-Home Supportive Services (“IHSS”) program to allow low-income elderly, blind, or disabled individuals to hire a…
[COLUMN] Should women receive equal pay for equal work?
FOUR female Google employees believed it was unfair that male colleagues with similar qualifications were consistently paid more than them and other female counterparts. This week, the San Francisco Superior…