Employment Law

Arbitration Agreements for California Workers — "Are they enforceable?"Watch this video on YouTube California law permits employers not to hire you if you refuse to sign an arbitration agreement. An arbitration agreement is where you waive your right to sue in the event of a dispute. Here are five key things to know: Arbitration is …

Hostile Work Environment? 3 Situations Where You Can SueWatch this video on YouTube Under California law, a hostile work environment is defined as offensive or harassing behavior that prevents you from comfortably carrying out your job duties. Some common examples include sexual harassment, bullying, threats, physical altercations or racial slurs. Hostile work environments share similarities …

California’s Fair Employment and Housing Act (FEHA) requires your workplace to be free of both sexual harassment and non-sexual harassment. Common examples of workplace harassment example include: A colleague making sexually-charged jokes about your body or showing you vulgar pictures Your supervisor asking to trade sexual acts for work benefits Your co-workers bullying you over …

"Commission-Only Pay" — Is it Legal in California?Watch this video on YouTube Commission-only pay refers to how some California sales employees are paid for work and/or services. In this arrangement, you earn a commission, or an amount of money, when you sell something. This amount is determined by either: the quantity of items you sell, or …

Job application: Can they ask about my criminal record?Watch this video on YouTube California has a “Ban the Box” law that prohibits employers with five or more employees from inquiring into your criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny you because of …

Severance Pay in California — Top Key Facts Explained by Labor Law AttorneyWatch this video on YouTube California employers may choose to provide severance pay to laid-off workers even though the law does not require it. Many severance packages also include a separation agreement in which you agree to give up certain rights—such as suing …

Pregnancy discrimination by employers is illegal under both the California Fair Housing and Employment Act (FEHA) and the federal Pregnancy Discrimination Act (PDA). Between these two laws, California companies with at least five employees are forbidden from using your pregnancy as an excuse to either: Fire or demote you, Not hire or promote you, Deprive …

Age Discrimination in California — "Can I be fired for being too old?"Watch this video on YouTube If you are 40 years old or older, both federal law and California state law protect you from “age discrimination” in the workplace. Signs of age discrimination are being demoted, fired, or passed over for a promotion for …

Gender Discrimination at Work — "When Can I Sue?"Watch this video on YouTube It is against the law for an employer to discriminate against you based on sex or gender. It is also against the law for an employer to pay you and a co-worker of the opposite sex different wages for equal work. If …

Immigration Retaliation — "Can My Boss Threaten to Deport Me?"Watch this video on YouTube California law forbids employers from retaliating against non-citizen employees just because they raise legitimate concerns about illegal employment practices, wage and hour violations, or unsafe workplaces. Employers who contact ICE or otherwise retaliate against immigrant workers for engaging in “protected activities” …

Conditional Offer of Employment — Know Your Rights!Watch this video on YouTube A conditional offer of employment is a job offer that is contingent on you first meeting certain conditions or requirements before starting the job. The conditions often include successfully passing certain aptitude tests, background checks, drug screenings, or physical exams. Conditional job offers may also …

What Is "Kin Care Leave" in California? — Shouse Labor Law GroupWatch this video on YouTube In California, you are entitled to use up to half of your allotted sick leave days as “kin care leave.”  This is time off to care for a family member who is ill or who is the victim of …

California Government Code 12945.8 (formerly Labor Code 230) requires all employers with more than 25 employees to provide domestic violence victim leave. This is time off work for victims of domestic violence. Meanwhile, employers of any size must let employees use paid sick days who need time to acquire: temporary restraining orders, restraining orders, mental …

Employers violate federal law if they fire, demote, harass, or discriminate against you for taking leave under the Family and Medical Leave Act (FMLA). And as long as you meet the employee qualifications, you are guaranteed your same (or comparable) job when you return from leave. Our FMLA lawyers fight to get your job reinstated …

Misclassifying employees as independent contractors deprives workers of minimum wages, overtime pay, and other employee-only benefits. Many employers purposely misclassify their workers as independent contractors just to improve their bottom line. Our independent contractor classification lawyers fight your employer for every cent you are owed plus interest and civil penalties. We can usually achieve a …

Disability discrimination lawyers represent workers who have been fired, demoted, disqualified, harassed, or otherwise discriminated against due to their physical or mental disabilities. Through aggressive negotiation and litigation, our disability discrimination attorneys fight for job reinstatement, reasonable job accommodations, and compensation for lost wages and pain and suffering. Most cases settle out of court, but …

California employee privacy rights refer to the rights that protect you from employers intruding on your personal affairs and probing into your personal matters. These rights are largely guaranteed by Article 1, Section 1 of the California Constitution, the state Labor Code and other similar statutes. Below our California labor and employment law attorneys will …

California’s labor laws require every employer within the State to provide breastfeeding mothers with a lactation break to express milk for their own nursing infant. However, mothers lose this right if either the break causes a serious disruption in the employer’s operations, or, the child is not an infant. The law says that this break …

Can I Take Time Off My Job for Literacy Education? Top California Employment Lawyer ExplainsWatch this video on YouTube Literacy education leave is time off work granted to an adult employee who reveals that he or she has a problem with illiteracy. Illiteracy is: the condition of being unable to, or have great difficulty with, …

Labor Code § 512 requires California employers to give unpaid lunch breaks to non-exempt employees. Lunch breaks must be uninterrupted. Employers cannot require employees to do any work while on their lunch breaks. They also cannot discourage employees from taking one. However, the employer and employee can agree to waive the meal break if the worker’s …

Updated March 7, 2022 Under California sexual harassment law, Civil Code 51.9, you have the right to sue if you are the victim of sexual harassment in the context of a business, service or professional relationship, including relationships such as Doctor-patient, Therapist-patient, Lawyer-client, Landlord-tenant, and Teacher-student.1 Most people are more familiar with sexual harassment (and non-sexual …