Under California law (California labor code section 501), an employer can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected…
Many workers who are subjected to sexual or other forms or harassment prefer not to disclose this to their supervisor or human resources department. This reluctance to speak up is usually motivated by fear of retaliatory termination in response to a complaint about harassment. However, choosing not to complain about…
The California Fair Employment and Housing Act (“FEHA”) prohibits an employer from taking any adverse action (such as refusing to hire or employ, refusing to select for a training program leading to employment, demoting or discharging from employment or training program leading to employment, discrimination in compensation or terms or…
There are numerous exemptions and exceptions that relieve California employers from the some legal duties with regards to providing their employee with rest and meal breaks. These exception usually apply to employees of such professions and in such environment where complying with the general rules would be unduly burdensome impracticable…
Many employment contracts and the majority of the union collective bargaining agreements provide that the employee should not be terminated unless for good cause. It is important to understand what the “good cause” standard exactly means, as the meaning of “good cause” in this instance is quite different from the…
Many people believe that sexual harassment is an unlawful conduct at work place which involves unwelcome sexual advances of a co-worker or a supervisor such as sexual innuendos, offensive touching, unwanted flirting, sexual e-mails and text messages, and alike. Although those are typical examples of a situation which is likely to…
It is presumed in California that unless agreed otherwise between employer and his employee (such as through contract or the union’s collective bargaining agreement), the employment is “at will.” Generally, at-will employee may be terminated for any reason, no reason, or arbitrary reason, as long as it is not an…
The federal Family and Medical Leave Act (FMLA) provides job security to an employee who is absent from work because of the employee’s own serious health condition or to care for a specified family members with serious health conditions, as well as for the birth of a child and to…
One of the most common ways that employer tries to fight their former employee’s claim for unemployment insurance benefits is arguing that the employee was terminated due to misconduct. Misconduct in the context of unemployment insurance code is a term of art, and understanding its legal definition is crucial to…
California Labor Code 1102.5 prohibits discharging an employee for disclosing an alleged violation of a statute of public importance to a government or a law enforcement agency. Such a discharge may be grounds for a claim of wrongful discharge in violation of public policy. The following are examples of “whistleblowing”…