California Labor and Employment Law

Senate Passes Legislation to Strengthen Whistleblower Protection Act

Government employees who speak out against corruption, fraud or danger to public safety, usually at great cost to their careers and personal lives, have long found the door to justice slammed shut in their faces. U.S. officials have engaged in nothing less than all-out war to silence and punish whistleblowers. The courts, instead of upholding the law, have (more…)

Popularity: 85% [?]

Is Arbitration Good or Bad for Employees?

Answer: Bad.

This question is often debated among attorneys, judges and arbitrators. Judges like arbitration because they’re chronically overworked. For instance, the U.S. District Court for the Central District of California had the honor of being the second busiest federal district court in the entire country, with 11,585 civil (more…)

Popularity: 78% [?]

Can My Employer Break My Employment Contract? Can I?

Whenever it comes to contracts, the answer is always the same: it depends on what the contract says. A contract is a contract is a contract. Neither you nor your employer can breach a contract without facing the consequences. That is, unless the contract says it’s ok. This is why it is so important that employees keep copies of any contracts they have signed with their employers. If you don’t have a copy of your contract, your employer is required by law to give you one if you request it. To see how, go to this post.

These are important provisions to look for in your contract: (more…)

Popularity: 69% [?]

U.S. FMLA/CFRA Leave Lags Far Behind Rest of World

I just saw Michael Moore’s movie “Sicko“. I’m aware of all the criticisms that have been leveled at Moore. I will admit some of Moore’s heavy-handed methods in Sicko did irk me. But putting that aside, Sicko still makes a valid and important point. The American Dream has gone off its rails and the broken health care system is just one “symptom” of that. Sicko takes a look at other countries and cites statistics showing that people in other countries enjoy lower infant mortality rates and longer, healthier lives than Americans.

Being an employment attorney, I was especially surprised to watch Sicko’s account of (more…)

Popularity: 80% [?]

And the Winner for Most Popular Discrimination Complaint in the US Is . . .

Ever wonder what the most popular discrimination complaint in the US is? According to the Equal Employment Opportunity Commission, the answer is racial discrimination / racial harassment. Following close behind are 2. sex discrimination / sexual harassment, 3. retaliation for making a discrimination complaint and 4. disability discrimination.

I’ve created the below chart from discrimination charge statistics published on the EEOC’s website. Because most people who file an EEOC charge list multiple types of discrimination, the total number of charges is actually less than what’s indicated, (more…)

Popularity: 73% [?]

House Passes Bill Banning Discrimination of Lesbians, Gays, Bis (but not Transgenders)

On November 7, 2007, the Employment Non-Discrimination Act (”ENDA,” H.R. 3685), a federal bill which bans employment discrimination on the basis of sexual orientation, was passed by the U.S. House of Representatives. The vote was decisive at 235-184. The bill is backed by the Leadership Conference on Civil Rights, NAACP, ACLU, (more…)

Popularity: 40% [?]

DLSE: Retaliated Employees Need Not File with State Labor Commissioner

There has been some confusion among federal and state courts in California as to whether an employee who has been the victim of whistleblower retaliation by their employer (under Cal. Labor Code s. 1102.5) must first file a complaint with the Labor Commissioner (under Cal. Labor Code s. 98.7) before they can proceed with filing a lawsuit in court. This is important because it potentially creates yet another hurdle for an (more…)

Popularity: 51% [?]

Disabled Employee in San Francisco Wins $350K Judgment

Fellow attorney Richard Vaznaugh reports a unanimous San Francisco jury awarded an employee in a disability discrimination case $150k in lost wages and $200k in non-economic damages. Tania Garcia had worked at the Electrical Industry Service Bureau, Inc. in San Francisco as a data entry clerk when she became disabled due to eczema and started a medical leave. Ms. Garcia was placed on unpaid leave. Just 18 days before she was due to return to work, EISB fired her without warning because her disability had exceeded 90 days. Ms. Garcia made several efforts to obtain reinstatement with the help of her union but EISB refused. The jury found for Ms. Garcia on all claims. “I feel like I’ve finally got some peace and that they didn’t get away with it,” said Ms. Garcia. Congratulations to Mr. Vaznaugh.

Popularity: 56% [?]