California Labor and Employment Law

Are Doctors “Employees” of the Hospital?

Are doctors who have privileges at hospitals employees of the hospital or merely independent contractors (i.e., the hospital issues them an IRS Form 1099 at tax-time)? That’s a question that was raised in a case called Salamon v. Our Lady of Victory Hospital. The issue is important because many anti-discrimination and sexual harassment laws cover only employees, not independent contractors. Being called an independent contractor could mean that if your boss or (more…)

Popularity: 12% [?]

FMLA Medical Leave Expanded to Families of Military

Good news for members of the military.

On January 28, 2008, President Bush signed the National Defense Authorization Act for FY 2008 (H.R. 4986) into law, effective immediately. The NDAA expands the Family and Medical Leave Act of 1993 (FMLA) to provide up to 26 workweeks of medical leave to the immediate relatives (spouse, son, daughter, parent, or next of kin) to care for (more…)

Popularity: 20% [?]

Whistleblower Doctors are a Rare Breed

Did you know that, under California’s current system, doctors police and regulate themselves? If a doctor’s competence falls under suspicion, under a system called “peer review”, other doctors are expected to report, review and, if necessary, take action against the errant doctor.This probably seemed like a good idea at the time. After all, who better to judge if a doctor is screwing up than other doctors? And doctors probably prefer to police themselves than to have some pesky government agency watch over them. (more…)

Popularity: 19% [?]

Cal. Supreme Court Rules: Medical Pot Users Can be Fired

In Gary Ross v RagingWire Telecommunications, Inc., the California Supreme Court considered the case of an employee who was taking marijuana for medicinal purposes (to deal with a back injury). When he tested positive for marijuana, his employer fired him. Plaintiff sued for disability discrimination under the California Fair Employment and Housing Act, among other things. The California Compassionate Use Act of 1996 (CUA) protects medical pot users and their prescribing doctors from state criminal (more…)

Popularity: 16% [?]

Civil Rights Act of 2008?

Good news for employees. Workplace Prof Blog reports on a new Democrat bill introduced in the House and Senate, the Civil Rights Act of 2008, H.R. 2159 & S. 2554, which will significantly expand employees’ rights under federal law. With a Democrat likely to be occupying the presidency for the next term, I think this bill has got a good chance of being passed in some form. Workplace Prof Blog gives the highlights of the bill as follows: (more…)

Popularity: 11% [?]

Minimum Wages around the World

Without further ado, I present minimum wages from around the world. I obviously didn’t include every country in the world. However, I did manage to get at least a few countries from each of the main continents. I also included California which is not technically a country, but does have the eighth largest economy in the world by GDP. (more…)

Popularity: 12% [?]

My Boss, the Equal Opportunity Jerk

Every office has got one. A jerk whose sole mission in the workplace is to make everyone else miserable. If you’re really unlucky, that jerk happens to be your boss. I get a lot of calls from people that go something like this:

“My boss is a total jerk. He constantly yells at everyone and treats everyone like dirt. He makes ridiculous demands and picks fights with people all the time. Because of him, a lot of people have quit. (more…)

Popularity: 18% [?]

Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

“At-Will”. California is an “at-will” employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she

1. doesn’t like you
2. thinks you’re too tall or short
3. thinks you talk too much or too little
4. is upset you didn’t say “Good Morning” to her in the right way
5. is mad you made the coffee too strong and forgot the cream
6. dislikes your shirt
7. thinks you’re too fat or thin
8. thinks you’re too ugly or good-looking
9. mistakenly thinks you did something that you didn’t
10. is in a bad mood and you happen to be the closest one to her
11. and on and on.

(more…)

Popularity: 23% [?]

Why Cursing at a Judge is NOT a Good Idea

I just came across this news story where a fellow called a judge an “SOB” several times. The judge found him in contempt of court and sentenced him to nearly 3 years in prison. Newsflash: judges can throw people in jail for disturbing the decorum of the court. Think twice before taking on a judge. That probably goes for some lawyers too. To read more about it, go this link.

Popularity: 8% [?]

Minimum Wage is Now $8.00 per Hour

As of January 1, 2008, the minimum wage in California increased from $7.50 per hour to $8.00 per hour. For more information, go to the California Department of Industrial Relations.

Popularity: 9% [?]