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legal news & tips for employees published by Law Office of Eugene Lee

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  • What Break Periods Am I Entitled To?

    What Break Periods Am I Entitled To?

    Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you ...

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  • Can My Employer Break My Employment Contract? Can I?

    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 ...

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

    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 ...

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

    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 doesn't like you thinks you're too tall or short thinks you talk too ...

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  • Background Checks — What Are My Rights?

    Background Checks -- What Are My Rights?

    If you're applying for a job, or want to keep one, you're going to have to accept that background checks are becoming a part of work life. An estimated 50% of resumes submitted by job applicants contain false or inaccurate information. Bad employees who slip through the hiring process can ...

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Leave Rights in California: Part 2

010110 0258 LeaveRights1 Leave Rights in California: Part 2Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA). (more…)

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Leave Rights in California: Part 1

010110 0257 LeaveRights1 Leave Rights in California: Part 1Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA). (more…)

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Free Pamphlets on Labor and Employment Laws

100109 0758 FreePamphle1 Free Pamphlets on Labor and Employment Laws

The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under (more…)

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Fired Chase Manhattan Employee’s Recovery for FMLA Violations Could Exceed $7 Mil.

040408 1852 firedemploy1 Fired Chase Manhattan Employees Recovery for FMLA Violations Could Exceed $7 Mil.According to a Law.com news article, FMLA Verdict Could Cost Chase Manhattan $7.6 Million, Nicholas Lore, a 63-year old Chase Manhattan regional manager who was fired after making several requests for medical leave for a serious health condition under FMLA (Family Medical (more…)

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FMLA Medical Leave Expanded to Families of Military

013008 1950 fmlamedical1 FMLA Medical Leave Expanded to Families of MilitaryGood 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…)

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

sicko U.S. FMLA/CFRA Leave Lags Far Behind Rest of WorldI 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…)

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