Category Archives: Employment Lawyer For Employees
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 »
Senate Bill 973: California Employees Need To Submit Their First Annual Pay Data Reports by March 31, 2021
To reduce California’s pay gap, Governor Gavin Newsom signed Senate Bill 973 on September 30, 2020 that gives the California Department of Fair Employment and Housing (DFEH) the authority to obtain annual pay data reports from employers. As discussed in this blog, covered employers need to submit their first reports by March 31, 2021,… Read More »
California Banned Most Mandatory Arbitration Agreements for Employees—But Litigation is Still Ongoing
In October of 2019, California Governor Gavin Newsom signed Assembly Bill 51 (AB 51) into law. As drafted, AB 51 prohibits employers from requiring job applicants and/or employees to sign mandatory arbitration agreements to resolve claims arising under the California Fair Employment and Housing Act (FEHA) or the state’s labor code. In effect, AB… Read More »
Employees: Forced to Quit to Protect Your Workplace? You May Have a “Wrongful Constructive Termination” Claim Under California Law.
In employment law, we use the term “constructive termination” or “constructive discharge” to refer to a situation where an employee is essentially forced to quit due to intolerable working conditions. If these same conditions would support legal action against the employer if the employee had been fired outright, the term is often known as… Read More »
Assembly Bill 1947: California Courts Will Award Attorney Fees To Whistleblowers Starting in 2021
In California, most government agencies, as well as the legislators, work hard to protect employees’ rights in every way possible. For example, there are already numerous specific laws aimed at preventing employers from retaliating against employees in a protected class or employees who report their employers’ violations of law. The latter are known as… Read More »
Expansion of the CFRA: Good News for Employees and Tough News for Employers in Small Companies
The California Family Rights Act (CFRA), at California Government Code sections 12945.1 to 12945.2, is a California state law that has applied in the past to employers with 50 or more employees and permits employees to take up to twelve (12) weeks of unpaid and work-protected leave for various personal or medical reasons. In… Read More »