Category Archives: Employment Lawyer For Employees
Can An Arbitration Agreement Prevent Me From Bringing A PAGA Lawsuit Against My Employer?
Employers often ask employees to sign arbitration agreements that contain broad provisions restricting the employees’ ability to sue the employer in court. Federal law makes it possible for employers to enforce these arbitration agreements, but state law can still restrict their scope. For example, the California Private Attorneys General Act (PAGA) allows a current… Read More »
Can An Employer Refuse To Hire Or Promote An Employee In Favor Of “Someone Younger?”
Age discrimination is against the law. Specifically, federal and California state laws forbid an employer from firing or refusing to hire someone based on age if the employee or job applicant is at least 40 years old. For example, an employer cannot reject a job candidate simply because they “want someone younger” to fill… Read More »
When Must California “Prevailing Wage” Employees Receive Travel Time Pay?
California requires anyone employed on a “public works” project worth more than $1,000 to receive at least the “prevailing wage” for all hours worked. The Department of Industrial Relations establishes the prevailing wage that must be paid for all hours worked by a non-exempt employee in certain job classifications. Typically, the “hours worked” do… Read More »
As An Employee, Can I Object To The Settlement Of A PAGA Lawsuit?
The California Private Attorneys General Act (PAGA) allows workers to sue their employers on behalf of the State for certain Labor Code violations and receive penalties for those violations which the employer must pay to the employees and the State. A PAGA claim is not the same thing as a class action. With a… Read More »
Can My Employer Fire Me For Reporting An Injury Covered By Workers’ Compensation?
California workers’ compensation law protects you if you are injured in the course or scope of your employment. Under workers’ compensation, your employer has to pay certain medical and wage replacement benefits regardless of cause or fault for the accident. But your employer does have the right to dispute the nature and extent of… Read More »
Can A California Employer Pay Me Less Because I Am A Woman?
The gender pay gap has been a real, well-documented problem for decades. According to U.S. Census figures, an American female will earn, on average, about 82.3 cents for every $1.00 made by a male in a similar job. To remedy this problem, California has implemented legislation designed to reduce, and ideally eliminate, gender-based pay… Read More »
Can An Aggrieved Employee Bring A PAGA Lawsuit Even If They Lack Standing To Bring An Individual Labor Code Claim?
Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” can sue a current or former employer on behalf of the state for violations of the Labor Code. In a March 2020 decision, Kim v. Reins International California, Inc.. the California Supreme Court held that employees do not lose their “standing” to bring PAGA… Read More »
Understanding Your Religious Rights In The Workplace
Employees do not leave their religious beliefs behind when they enter the workplace. Indeed, federal and state laws require employers to provide a reasonable accommodation for an employee’s “sincerely held religious beliefs or practices,” unless doing so would impose an “undue hardship” on the business. It is important to note that “religion,” at least… Read More »
Your Rights As An Employee To Meal Breaks Under California Law
California law requires employers to give certain employees daily meal breaks. When a non-exempt employee works at least 5 hours in a shift, they are entitled to a meal break of at least 30 minutes, and the meal break must start before the end of the 5th hour of work. If the employee works… Read More »
How Much Can A California Court Award In Punitive Damages For Disability Discrimination?
California law protects workers from disability-based discrimination. Under the Fair Employment and Housing Act (FEHA), an employer must provide a “reasonable accommodation” for an employee or job applicant with a disability, unless the employer can show that such accommodation would impose an “undue hardship” on their business. With the pandemic, we have seen a… Read More »