Under California Business and Professions Code section 16600, any agreement entered into with the purpose of limiting trade or business of any kind is to that extent void and unenforceable. California courts have consistently declared this provision an expression of public policy to ensure that citizens shall retain the right…
The California Fair Employment and Housing Act (FEHA) protects individuals who are at least age 40 from discrimination based on age in hiring, firing, compensation, and the terms, conditions, and privileges of employment. Because the legislature has included age among the specific categories protected by FEHA, employers are prohibited from…
An employer may not deduct from employee’s wages moneys lost due to ordinary losses, such as cash shortages, breakage or loss of equipment, etc.) in the absence of showing of dishonesty, willful acts or gross negligence. As the court noted, the law prevents the employer from using wages to shirt…
The executive exemption that relieves employers from the obligation to pay overtime compensation applies to any employee: * Whose duties and responsibilities involve the management of the enterprise in which he is employed or of a customarily recognized department of subdivision of that enterprise; * Who customarily and regularly directs…
Many employees give in the temptation of accepting a lump sum severance upon termination, even when the lawfulness of that termination is questionable. If you find yourself with an offer of severance, I highly recommend that you take your time to consider the severance offer before you accept it. One…
It is not unlikely for employees to have their words and/or conduct to be misinterpreted by their co-workers and have their colleague accuse them of sexual harassment without sufficient reason. An employer has a duty to investigation all sexual harassment allegations. Failure to do so may subject the employer to…
In the ever increasing occurrence of mergers, dissolutions and restructuring of businesses it is not uncommon for an employee to face a situation where he/she is owed wages for work performed, but these wages are unpaid because the entity that purchases the original employer is not willing to pay the…
Under California Fair Employment and Housing Act (“FEHA”), an employer must make “reasonable accommodation” for individuals with known disabilities unless it can demonstrate that doing so would be an undue hardship on the business. Failure to make a reasonable accommodation is itself an unlawful practice than can give rise to…
Many employee who are about to be laid off are concerned about accepting the offered severance package, as they fear that accepting a significant lump sum severance from their employer will disqualify them from unemployment benefits. However, the good news for employees is that under California law, severance pay is…
The California Fair Employment and Housing Act specifically prohibits harassment based on “race, religious creed, color, and national origin.” Hostile work environment claims based on racial harassment are reviewed under the same standard as those based on sexual harassment. Thus, allegations of a racially hostile workplace must be assessed from…