Sexual orientation discrimination involves treating an employee differently because of his or her sexual orientation (being gay, lesbian, or bisexual). In California, homosexual employees are protected by the same laws that protect all other workers against sexual harassment. That is, it is unlawful to harass or discriminate against employees because…
California workplace operates under the basic presumption that in the absence of agreement otherwise, a worker is an at-will employee. This means that an employee can be terminated for any reason, arbitrary reason, or no reason, but not for illegal reason such as discrimination, harassment, and retaliation. This presumption is…
An individual harasser at workplace in California, whether he / she is a co-workers or a supervisor, may be personally liable for sexual harassment under the Fair Employment and Housing Act (FEHA). This means that the employee who is a victim of sexual (or other) harassment, may be able to…
Binding arbitration is the most common type of resolution procedure or employment disputes between employees and employers in California. Contractual arbitration is a process in which the employee and the employer agree to submit their disputes to binding resolution by one or more impartial third persons. The common perception is…
The Supreme Court has held that time spent waiting for work is compensable if the waiting time is spent “primarily for the benefit of the employer and his business.” Armour & Co. v. Wantock (1944). Whether the time spent predominantly for the employer’s benefit depends on the specific circumstances of…
At the conclusion of leave under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA), an employer must reinstate an employee to the same or an equivalent job, unless he or she is a “key employee” who is given appropriate notification. One main limitation on this rules is…
No matter what side of the workplace dispute you are on – whether you are an employee, a supervisor or the employer, it is important to remember one fundamental fact about California employment law: not every conduct which seems unfair is actually illegal, and not every violation of the law…
There are various, although equally despicable and unlawful kinds of sexual harassment that employees may be subjected to at workplace. One type of sexual harassment may take the form of an economic “quid quo pro” where a supervisor’s requests for sexual favors are linked to the grant or denial of…
Your employer has the right to the undivided loyalty of its employees. The duty of loyalty is breached and may give rise to the employee’s liability in a civil suit for unfair competition when the employees takes action adverse to the employer’s best business interests. Stokes v. Dole Nut Co.…
Numerous California laws protect employees against retaliation by their employers. Most of the anti-retaliation statutes protect employees from adverse employment actions ( i.e. demotion, transfer to a less desirable workplace, suspension, administrative leave or termination) for exercising their rights under Fair Employment and Housing Act (FEHA), Occupational Safety and Health…