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California's age discrimination laws are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique ...

Because a claim for disability discrimination is a civil action, the burden is on the employee to prove each element of his or her claim. This means that an employee must show that even though they ...

A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a ...

Defamation involves the making of a false statement of fact about another person. Specifically, defamation is “a publication that is false, defamatory, unprivileged, and causes injury or damage.” In ...

A statute of limitations is the deadline for filing a lawsuit on a particular claim. In order to bring a lawsuit against an employer for a certain claim, the lawsuit must be filed within the ...

First, pursuant to Labor Code Section 201, when an employee is terminated, the employer must pay the employee all of their earned and unpaid wages immediately. If the employer does not pay the ...

California Constitution Article 1, Section 8 The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and ...

Harassment – What Damages May an Employee Be Able to Recover? An employee who is subjected to unlawful harassment is entitled to recover damages under California law. Damages can include economic ...

Sexual Harassment – Hostile Work Environment Harassment The California Supreme Court has defined “harassment” as “conduct outside the scope of necessary job performance, conduct presumably engaged in ...

An employee is able to take a FMLA leave of absence because of the birth of their child or the adoption of a child. Who May Take This Leave? Both male employees and female employees are entitled to ...

How Long is a FMLA Leave? The FMLA provides a right to a leave of absence for a maximum of 12 weeks in a 12-month period (“leave year”). If an employee works part-time, the amount of leave the ...

An employee is able to take a FMLA leave of absence because of their own serious health condition. What is Considered a Serious Health Condition? An employee has a serious health condition if the ...

Every employee in California deserves to work in a safe environment. No job is worth risking one's safety or health. If an employee believes their working environment is unsafe, the employee should ...

It is illegal for an employer to retaliate against an employee for reporting or complaining about unlawful discrimination or harassment. It is also illegal for an employer to retaliate against an ...

What is a Severance Agreement? A severance agreement is a contract that is offered to an employee at the end of their employment with their employer. In a typical severance agreement, an employee is ...

Short Answer: There is no average or typical amount of severance pay that is offered to an employee. Rationale: No California law requires an employer to provide an employee with severance pay. ...

ARE YOU REALLY AN INDEPENDENT CONTRACTOR? Employer's regularly violate California law by categorizing individuals who work for them as independent contractors when in actuality, the individuals are ...

ON-DUTY MEAL PERIODS – ARE THEY LEGAL? Generally, an employer cannot employ a non-exempt employee for a period of more than five hours without providing that employee an off-duty meal period of at ...

Under California law, employees have no legal right to vacation pay. As such, employers do not have to provide their employees with any vacation pay. While employers do not have to provide their ...