Californians are used to voting on ballot propositions regarding issues from same-sex marriage to the legalization of recreational marijuana and a host of proposals that affect how the state spends taxpayer money. This November, the state minimum wage is in voters’...
Employment and Labor Law
Can your employer require a two-week notice?
You decide that you want to quit your job. Maybe you’ve been unhappy there for a while. Perhaps there’s been a sudden change. Either way, you’ve decided that you simply want to leave. But you look at your company handbook, and it says that you’re required to give two...
Wrongful Termination Cases in California
Wrongful Termination Under California Law Author: James Baker Editor: Dustin L. Collier The presumption in most employment agreements is that an employer can terminate or demote an employee “at-will,” or at any time for any reason. Despite this presumption, the law...
Discrimination Under California Law and the Methods of Proving It
Authored by: James Baker, Discrimination Analyst Edited by: Dustin Collier Overview of California’s Fair Employment and Housing Act Anti-Discrimination Provisions California Government Code section 12940(a) prohibits discrimination in hiring practices or treatment in...
Are You Receiving Proper Paystubs/Wage Statements? California Labor Code Section 226 Imposes Strict Requirements And Penalties On Employers
California Labor Code section 226 sets stringent requirements for employers with regard to employee paystubs. These documents we are all accustomed to receiving are heavily regulated and many employers neglect or willfully fail to comply with these requirements. ...
Labor Code Sections 201-203: Employer Must Pay All Wages Due at Termination/Resignation or Pay Penalties!
California Labor Code section 201(a) provides, in pertinent part, as follows: “(a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.” California Labor Code section 202(a) then provides, in...
Using the Employer’s Bad Acts Towards Others As Evidence in Discrimination, Hostile Environment Harassment, and Retaliation Claims
Many employees come to me seeking to bring a discrimination, hostile environment harassment, or retaliation claim against their employer. Often, the best evidence we have of the employer’s unlawful motive comes from circumstantial evidence of the employer...
Labor Code Section 206.5: Never Sign an Agreement to Receive Wages You Are Already Owed!
Has your employer asked you to sign some new agreement to obtain your paycheck? Has your final pay been withheld from you until you agree to sign some type of release agreement? Does the release mention California Civil Code section 1542? Have you been asked to...
Circumstantial Evidence of Discriminatory or Retaliatory Motive by Employers
Proving a case of discrimination, hostile environment harassment, or retaliation is a difficult matter. Most employers, in this day and age, are wise enough to conceal unlawful motives that may be responsible for their disparate treatment of an employee. Proving that...