California Labor and Employment Law

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% [?]

Why Legal Blogs Should Be Your First Stop

Legal blogs, or “blawgs” as they are sometimes called, can be a powerful legal research tool for those of you who haven’t gone to law school. Many blawgs make a special effort to reach out to non-lawyers by talking in a language “normal” people can understand. Heaven knows, many lawyers are far from normal. These blawgs also try to discuss topics of everyday concern, as opposed to the courts’ latest subtle twist on the interpretation of an obscure clause, which is exactly the kind of stuff that excites most lawyers . . . including, yes, yours truly.

If you are fortunate enough to have access to a computer and the internet (don’t forget to (more…)

Popularity: 25% [?]

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% [?]

Free Legal Forms Meet Web 2.0

Most free legal forms you find on the web are about as good as you might expect for something that’s free – that is, not too good. That’s about to change. At DocStoc.com, users upload their own forms and agreements and share them with the rest of the world. Available documents include leases, independent contract agreements, employee applications, non-disclosure agreements, etc. Unlike with most free form websites, the forms aren’t written by just one or a handful of contributors, so the quality is potentially better. I reviewed some of the contracts and was pleasantly surprised by the quality.

DocStoc has just come out of private beta and is now in public beta. The site already boasts (more…)

Popularity: 23% [?]

Can I Tape Record My Boss?

Here’s a question I hear every now and then from clients. The answer is: generally, no, you can not legally tape record conversation with your boss or anyone else without their permission or consent. In other words, you can’t do what the FBI does on TV when they put a wire on a snitch and the snitch then tries to trick an unsuspecting mobster into making a damning confession. Why can the FBI while you can’t? They have a warrant . . . or so they should, anyway.

AN IMPORTANT BUT: if you and other person(s) are having a conversation “in a public (more…)

Popularity: 50% [?]

Legal Grind: Low-priced Legal Advice in a Café Setting

I get a lot of phone calls from clients seeking legal assistance on smaller matters, things that might fall into the small claims court or paralegal category. Some of these matters are also outside of my area, things like wills, health care directives, or real estate deeds. I can’t really refer these clients to other attorneys because the matters are so small the attorneys probably wouldn’t take them. These clients (more…)

Popularity: 23% [?]

Get Your Personnel File & Payroll Records Now

Did you know you have a legal right to inspect your personnel file and payroll records? Or get copies of your payroll records and any job-related document you have signed? If not, you’re not alone. But more important, what are you waiting for? All employees should check their personnel file and payroll records periodically to guard against unfair negative evaluations or warning letters, or mistakes in paychecks, withholdings or vacation accruals. It’s also important to do if you’re thinking about making a complaint or filing a lawsuit.

(more…)

Popularity: 38% [?]

Top 5 Tips: So You Want to Sue Your Boss?

So you want to sue your employer for racial discrimination, sexual harassment, whistleblower retaliation, failure to pay you your last paycheck, what have you. Now what? Here are five tips all clients should keep in mind before they pick up the phone to call a lawyer.

Tip 1: Write it, don’t say it. People think it’s enough to complain, request or report things orally to their employer. They complain about discrimination to HR over the phone. Or they tell their supervisor about a health and safety code violation. Well, what are you going to do when HR or the supervisor denies you ever talked with them? Don’t believe it? Happens all the time. Avoid the “he said, she said” by communicating with your employer by emails or send letters (certified mail, return receipt requested). (more…)

Popularity: 43% [?]

Free Access to Federal Cases

Want to retrieve the full-text of US Supreme Court and Circuit Court of Appeal cases … for free? Now you can. Services like Westlaw and Lexis charge a lot for this service. But a new service called www.AltLaw.org puts these cases out there where they belong, in the public domain. The service is still in beta (i.e., the bugs are still being worked out), and I wouldn’t recommend you rely on it just yet for your mission-critical law briefs. It’s still slow and could be more user-friendly. But did I mention, it’s free? Westlaw and Lexis, take that! Thanks go to the folks at www.inter-alia.net for the tip.

Popularity: 16% [?]

California Labor Dept Org Chart

Ever wonder where all the various California labor agencies fit in? I’m talking about the Department of Industrial Relations, the Division of Labor Standards Enforcement, the Labor and Workforce Development Agency, the Labor Commissioner, CAL/OSHA, and on and on. No? Well, you just might if you ever need to bring an employment or labor law lawsuit. And whoever you retain as your lawyer had better.

Without further ado, I present the organizational chart for the California labor department, otherwise known as the Department of Industrial Relations. And what a hard-working bunch they are.

Popularity: 15% [?]