Protecting employees who take medications
When a drug test may constitute disability discrimination “Under California law and the Americans with Disabilities Act (ADA), an employee who is taking medication for a disability is protected from…
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Are you paid less due to your gender or race?
“The California Fair Pay Act (aka the Equal Pay Act) prohibits an employer from paying any of its employees wage rates that are less than what it pays employees of…
Paying for all hours worked for non-hourly employees
AMERICAN Income Life Insurance Co. sells insurance policies in California. It hires agents that it pays on commission. David Hamilton, Bridget Smith, and David Joh worked for American Income as…
Getting paid correctly for working on holidays
“The law does not require payment of overtime or other special premiums for work during holidays, unless such work goes beyond 8 hours per workday or 40 hours per workweek.”…
Should employees be paid for on-call or wait time if not free to leave work premises?
EDGAR Orozco was an electrician working as an hourly employee for Ardent Companies, Inc., which provide services to drilling operations off the California coast, including on fixed off-shore oil platforms….
Does employer need to know your medical condition to accommodate you?
Q: I WAS diagnosed with herniated disc and severe anxiety. I want to request leave but want to keep my privacy at work. Do I need to tell my employer…
The future of gig work after Prop 22
Independent contractor status harm most workers With nearly $200 million in funding from app-based companies like Uber and Lyft, California’s Proposition 22 was voted into law by Californians. It is…
Time worked by employees though unproductive to employer must be paid
Commission-based employees owed for non-sales work STEVE Johnson and Scott Scollitt worked as mortgage loan originators for U.S. Bank National Association. These employees sued their employer for unpaid wages and…
The rights of employees working in private households
The overtime compensation for ‘live-out’ employees is computed in the same way as that of a regular non-exempt employee who works in other occupations. This means ‘live-out’ household employees must…
Reimbursement for business expenses while working from home due to COVID-19
Q: WHEN California’s Safer at Home Order took effect in March 2020, I and my co-workers were instructed to work from home. Since then, I have had to buy a…
Returning to work after the employee’s or family member’s COVID-19 illness
Q: I WAS off work for 2 months as a result of my COVID-19 infection. I was hospitalized and received treatments while under quarantine, Thank God I was eventually relieved…
Why Prop 22’s denial of employee status is bad for CA workers
Independent contractors are in business for themselves and generally work on a freelance basis, often with several clients. They either have specialized skills (e.g., actors, writers) or advanced degrees (e.g.,…
Employee’s right to privacy during accommodation of illness or disability
Lauren Scricca worked as a Clinical Nurse for the University of California Irvine Medical Center (UCI) and was assigned to the Acute Rehab Unit. Throughout the 10 years she worked…
New laws protect California workers during this pandemic
IN continuing efforts to protect workers and their families from COVID-19, California recently enacted the following legislation: Notice to employees of potential exposure and report of outbreaks Assembly Bill 685…
Reasonable accommodation at work due to COVID-19
Q: My coworkers and I have had to work from home due to COVID-19. We are slowly returning to the office and I am concerned. I am an older worker…
Can an employer legally fire me because I (or a family member) got COVID-19?
Q: I read about severe cases of COVID-19 infections requiring several weeks of recovery. Can the employer fire me while being on leave due to this illness? Do I have…
Ageism and the rights of older workers (especially in these COVID-19 times)
THE U.S. Equal Employment Opportunity Commission (EEOC) recently announced the settlement of an age discrimination lawsuit against Jet Propulsion Laboratory (JPL), a NASA field center located in Pasadena, CA. JPL…
Complaining of employer’s illegal conduct is protected activity
DR. Jan Weber worked for 5 years as a psychiatrist for the Santa Clara Valley Medical Center, a public hospital in Santa Clara County. He was assigned at the hospital’s…
Is Amazon liable for defective products sold on its site?
Protecting consumers against sellers ANGELA Bolger bought a replacement laptop computer battery on Amazon.com, which was being sold by “E-Life,” a fictitious name used on Amazon by Lenoge Technology (HK)…
Can employees be fired for political posts on social media?
Your right to expression in the workplace Q: I SAW your article about employee protections for political activities like attending rallies. What about posting political messages on Facebook or other…
Can the employer fire you for joining protests?
Your work and your right to political expression Q: I CARE about today’s issues of social justice – from racial inequality to voting rights suppression to fighting for decent wages….
Wrongful termination: When employer keeps changing reasons for employee’s firing
PATRICIA Samson worked as a portfolio manager for Wells Fargo Bank. On October 28, 2014, Patricia informed her supervisors that she would take a medical leave of absence to recover…
Off-the-clock and ‘unapproved’ work hours should still be paid
KAREN Martinez worked as a Case Manager for John Muir Health, a health care service corporation operating primarily in Contra Costa County, CA. Martinez was an hourly non-exempt employee who…
Are public employees’ off-duty sex activities ground for termination?
The right to privacy and intimate association JANELLE Perez was hired as a police officer in the Roseville Police Department. A few months into her probationary term, Janelle and a…
Company policy versus the law of reasonable accommodation
How a sick leave policy fell short of disability discrimination law Mykyn Woods worked as a Senior Community Manager for Greystar Management Services, a property management company with offices all…
Being on-call may entitle you to additional pay
When reporting for work does not mean showing up ALEXIA Herrera worked as a Sales Associate at Zumiez, Inc., a retail store in Chico, California. Zumiez scheduled Herrera and other…
When employees refuse employer’s illegal instructions
Protecting employees from retaliation for whistleblowing SHUJUN Qiu was hired by Three Rivers Provider Network Inc. as its controller. Throughout her employment, Qui excelled at her job and her employer…
How long should employers provide reasonable accommodation to disabled employees?
ELIZABETH Carter worked at Dunn-Edwards, the paint store, when her medical condition prevented her from lifting more than 20 pounds. She could, however, still continue to perform most of her…
Returning to work after the employee’s or family member’s COVID-19 illness
Interactive process in the COVID-19 era Q: MY work required me to interact with a lot of people. I became infected with COVID-19. I was hospitalized and went on disability…
Returning to work in this pandemic: Do you need reasonable accommodation?
“However, the Order goes on to say that all persons living within the County of Los Angeles should remain in their residences whenever practicable.” Q: SINCE the shelter-in-place order, I…