[COLUMN] Company wants to give me a 1099, not a W-2 – is this legal?
Q: I have been working as a caregiver for a healthcare agency in Los Angeles. My boss talked to me about signing an independent contractor agreement which will make me…
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[COLUMN] Things to consider before signing that severance or release agreement
A SEPARATION package or a severance agreement is a contract between an employer and an employee who is about to leave the employer’s employment. In a typical severance agreement, the…
[COLUMN] Your rights at work after a personal injury
Q: I WAS badly injured in a recent car accident. I had to undergo multiple surgeries. I missed several weeks of work and will need more time off for treatments….
[COLUMN] When ‘voluntary’ work off-the-clock should be paid
Q: I WORK in healthcare where there is a strict policy of no unapproved overtime, and no going on breaks unless we have a reliever. We are forced to skip…
[COLUMN] How are payments for missed meal or rest breaks computed?
California Supreme Court issues new ruling FOR two years, Jessica Ferra worked as a bartender for Loews Hollywood Hotel, LLC. Loews paid Ferra hourly wages as well as quarterly nondiscretionary…
[COLUMN] Can employer fire employees in a post-COVID ‘reorganization’?
Q: I work for a mid-size company in Los Angeles. Because of the COVID pandemic, I, together with half of our work force, worked from home for over a year….
[COLUMN] Fired employees must be given final paycheck immediately
Q: Four weeks ago, I was fired from work. My employer told me my last paycheck will be mailed to me by next payday. I have not received it yet….
[COLUMN] ‘Salaried’ employees may still be entitled to overtime pay
Q: MY job title is “manager.” I work at least 10 hours per day, 6 to 7 days per week. While I supervise a few employees, I mostly do the…
[COLUMN] Can my boss force me to get a COVID vaccine?
Q: MY work requires personal interaction with several people on a daily basis. We are getting back to the worksite after working from home for over a year. My employer…
[COLUMN] Family leave rights for both expecting parents
Q: My spouse and I are expecting a baby and we are trying to figure out how much family leave we are entitled to so we can each spend quality…
[COLUMN] Should you be paid for work before you clock-in?
Q: I WORK as a “team member” in the service industry in Los Angeles. Before we clock-in for our shift, we are required to attend a “huddle,” or a meeting…
[COLUMN] ‘Unapproved’ overtime must still be paid
Q: I WORK as a nurse at a facility that has a strict policy of no unapproved overtime. We don’t often ask for approval since we risk being written up…
[COLUMN] Is an unfair firing ‘wrongful termination’?
Q: I worked in a company for over 5 years. A client accused me of making a mistake in a big order. This was not true. But the new manager,…
[COLUMN] Reasonable accommodation for pregnancy-related disability
Q: I worked in healthcare in Los Angeles. Several months ago, I was pregnant. My doctor ordered me to take leave from work because my pregnancy was high-risk. My employer…
[COLUMN] Should I tell my boss about my medical condition?
Q: I WAS diagnosed with a spine compression fracture and severe depression. I want to request leave but want to keep my privacy at work. Do I need to tell…
[COLUMN] Employees’ right to sit down at work
EVA Sharp worked as a cashier for Safeway, a large American grocery chain with headquarters in California. She initially filed a class action case on behalf of cashiers and other…
[COLUMN] Reporting time may entitle employees to additional pay
“It is the employer who directs the manner in which the employee is to present himself or herself for work – whether at the worksite or by phone. Either way,…
[COLUMN] Should you be paid if the boss requires COVID testing and vaccination?
AS the COVID-19 pandemic continues, government agencies have issued guidance on how to reduce transmission of the illness. On March 4, 2021, California’s Department of Fair Employment and Housing (DFEH)…
[COLUMN] New paid sick leave law re: COVID-19
Last year, private employers with 500 or more employees were required to provide California employees with paid sick time for COVID-19-related absences. That law, AB 1867, aimed to close the…
[COLUMN] The ‘Hero Pay’: LA enacts $5 hourly hazard pay for grocery & pharmacy employees
IT has been over year since California declared a state of emergency due to the COVID-19 pandemic. Since then, many employees have stopped coming to their workplaces and have worked…
[COLUMN] Preventing a hostile work environment in male-dominated workplaces
IN 2001, Sara Alfaro became a firefighter with the San Diego Fire-Rescue Department (SDFD). Throughout her employment, she consistently performed with a rating of “above standard” or better. She has…
[COLUMN] Are you getting the full 30 minutes for your meal break?
“Each meal period must be “not less than 30 minutes,” and no employee shall work “more than five hours per day” or “more than 10 hours per day” without being…
[COLUMN] Employee harassed by customer at work: Is employer liable?
Jennifer Christian worked at Umpqua Bank as a Universal Associate. In late 2013, a male customer asked her to open a checking account. While this initial interaction was unremarkable, the…
[COLUMN] Workers’ rights to their tips
Did Amazon pocket its drivers’ tips? IN 2015, Amazon launched Amazon Flex, where persons can sign up as drivers to deliver products to Amazon customers. Amazon promoted that drivers could…
[COLUMN] I won my employment case but my employer filed bankruptcy – now what?
Q: I got a judgment for back wages from the California Labor Commissioner. But my employer filed bankruptcy and closed the business. I heard that the owners will put up…
[COLUMN] Denial of promotions + unequal pay to women = Sex discrimination
Yunghui Chen worked as internal auditor for Western Digital Corporation, one of the world’s largest hard disk manufacturers in the world, based in San Jose, California. It employs over 5,000…
[COLUMN] What to do if you’re furloughed, laid-off or terminated
Q: During the Stay-at-Home order in California, my employer has sent me home on a “work furlough” without pay because I am not an essential worker. It has been more…
Gender discrimination and retaliation: ‘Bro culture’ exists in big and small companies
Francoise Brougher was employed as Chief Operating Officer of Pinterest, Inc., a multi-billion dollar image sharing service. Prior to working at Pinterest, Ms. Brougher worked for Google and Square. During…
More employees covered by family leave rights this new year!
Time to bond with a new child or care for family Q: My spouse and I are expecting a baby in a couple of months and we are trying to…
Rounding down or shaving work hours may entitle employees back wages
LUCAS Mejia was a stocker for Walgreens, a nationwide pharmacy retail store chain. He and many other employees worked as hourly non-exempt employees in a Walgreens distribution center in California….