California Employment Law Blog

Does Colorado have a Ban the Box law?

Posted on September 7, 2022 | Category: Employment Law

Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in …

Negligent Hiring – When is an Employer Liable?

Posted on August 17, 2022 | Category: Employment Law, Litigation, Personal Injury, Useful information

A furious office worker smashing her laptop.

In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer …

Is Nevada a Right to Work State?

Posted on June 8, 2022 | Category: Employment Law

Yes, Nevada is a Right to Work state. This means that employees can choose whether to join a union. And employers cannot disqualify job candidates or retaliate against employees based on whether they are in a union. In short, workers cannot be forced to join a union – or refrain from joining a union – …

When can you sue for wrongful termination?

Posted on April 20, 2022 | Category: Employment Law

A finger pointing at a worker away from his current direction.

You can bring a lawsuit for wrongful termination when you have been fired or laid off from your job for an illegal or improper reason, such as discrimination or retaliation. Workers who have been wrongfully terminated have a limited time in which to bring their claim. This time period is set by each state’s statute …

Are Employers Required to Reimburse Employees for Uniforms and Special Work Clothes?

Posted on March 24, 2022 | Category: Employment Law

Under Federal law, employers are encouraged to reimburse employees for uniforms or required clothes. But the law does not say that they must reimburse their employees for such costs. In addition, federal law states that employers, who require non-OSHA mandated uniforms, are not required to pay for them if they compensate their employees adequately. Federal …

What happens if my employer in California pays me late?

Posted on January 7, 2022 | Category: Employment Law

Closeup of worker opening paycheck envelope

Under California employment law, all employers have a legal obligation to pay employees the wages they have earned and to pay these wages on time. This includes the final payment of wages upon a worker’s termination of employment. Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties …

Can I be fired in California for crossdressing at work?

Posted on April 4, 2020 | Category: Employment Law

California’s Fair Employment and Housing Act (FEHA), Government Code 12940, prohibits employment discrimination or harassment based on gender, gender identity, or gender expression. Some cities have passed their own regulations protecting gender identity and expression in the workplace. The city and county of San Francisco, for instance, has issued guidelines that include: Employers have the right …

AB 2845 prohibits some California employers from asking potential employees about convictions

Posted on February 28, 2019 | Category: Employment Law

Assembly Bill 2845 was signed into law by Gov. Brown in September 2018. The bill prohibits employers with five or more employees to do such things as: ask potential employees or applicants about their conviction history; inquire into or consider an applicant’s conviction history until after an employment offer has been made; and, consider an …

I have a California marijuana conviction on my record. Should I pursue expungement under Penal Code 1203.4 or dismissal under Proposition 64?

Posted on December 19, 2016 | Category: Employment Law

Recently we have written about the possibility of getting resentenced or having your marijuana conviction dismissed and sealed under Proposition 64–California’s recreational marijuana law. Briefly, Proposition 64 provides that certain marijuana-related activities are no longer crimes–or are less serious crimes than they were before that law was passed. If you were sentenced under the old …

Uber Will Hire Drivers Who Have Had Felonies Reduced Under Prop 47

Posted on January 13, 2016 | Category: Employment Law

Ride-sharing company Uber typically does not allow people with felony convictions to sign up as drivers. But the company announced today that it will hire drivers who were originally convicted of felonies–but whose convictions have been reduced to misdemeanors under Proposition 47. Prop 47, passed in 2014, reclassified several former California felonies as misdemeanors, including: Grand …

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