Employment Law Articles

Learn and discover the latest useful employment law articles for practical information, DIY, and ideas from a network of leading business and corporate lawyers.

Learn more about: Business | Corporate | Employment

What Is Considered Full-Time in California For Health Insurance?

Under the Affordable Care Act, full time hours is 30 or more hours per week or at least 130 hours a month.

Is it legal to work six days in a row?

Under Labor Code 551, all California employees are entitled to one rest day out of seven days. Under Labor Code 552, it is a misdemeanor for employers to require employees to work more than six days out of seven days.

Constructive Discharge in California

In California, the legal doctrine of constructive termination – also called constructive discharge or constructive dismissal – holds an employer accountable for creating or permitting intolerable conditions for an employee that the employee feels no choice but to resign from the job.

Sexual Harassment Statute of Limitations California

The statute of limitation in California for sexual harassment is three years from the date of the last sexual harassment incident.

Examples of Unfair Labor Practices by Management

What is an unfair labor practice by management? Examples of unfair labor practices management include: denying benefits and promotion, retaliatory discharge, launching strike unrelated to working condition, etc.

Toxic Work Environment

A toxic work environment can cause emotional distress even after employee clocks out of work. This stress includes sickness, low morale, and fear of going to work.

FEHA Statute of Limitations

Under FEHA, the statute of limitation for an employee to file a complaint is three years from the date of the wrongful conduct or discovery of the wrongful conduct – whichever is later.

Two Week Letter Notice

A 2 week notice letter is an employee’s letter of resignation to the employer. Although two week notice is not required by law, it is an accepted formality.

Paternity Leave California

California's Paid Family Leave (PFL) program provides partial wage replacement for up to six weeks to bond with a new child.

Random Drug Testing California Law

Under California law, random drug test for employees is prohibited with exceptions. Generally, employees have a constitutional right to privacy which includes the right against random drug tests. The exception to no random drug test is limited to protect public safety concerns.

Settlements for Wrongful Termination

Wrongful termination settlement range from $10,000 to $1,000,000. There is no “average” settlement for wrongful termination. The settlement amount depends on many factors, such as wage lost wage, lost benefits, and the reason for the termination.

How To Deal With Unfair Treatment At Work

All employees expect to be treated fairly by their employers and supervisors. When an employer treats an employee unfairly at work, it may be discrimination involving illegal discrimination and harassment based on protected characteristics such as disability, age,t gender, national origin, ethnicity, age, or race.

Gender Discrimination California [2023]

California prohibits gender discrimination. It is unlawful for employers to discriminate based on gender, childbirth, pregnancy or conditions related to birth or pregnancy, gender identity, or gender expression.

How To Prove Discrimination In The Workplace

A person may prove employment discrimination with direct evidence, circumstantial evidence, or a practice pattern. Under federal and state law, discrimination in the workplace is unlawful when it involves gender bias, sexual orientation, race, age, etc.

Age Discrimination Laws in the California Workplace

The California Fair Employment and House Act prohibits employers from discriminating against job seekers and employees 40 years or older.

Can you get fired for using sick time?

Under California employment law, an employer cannot deny an employee the right to take sick leave. It is illegal for a California employer to terminate an employee for using sick leave that is accrued and entitled to use.

How does an employer pay a former employees who could not be located?

Employers must use due diligence to track down and pay former employees. If unsuccessful, the money due to employees who cannot be located must be paid into the Unpaid Wage Fund.

Exempt Employee vs Non-Exempt Employee vs Salary vs Hourly

The main difference between a nonexempt employee and an exempt employee is that an exempt employee in California does not have the right to rest breaks, meal breaks, overtime pay, etc.

California Labor Code 512 – Meal Break Law

California Labor Code 512 requires employers to give non-exempt employees unpaid lunch breaks. The lunch break must be uninterrupted and at least thirty minutes. The lunch break must be given to employees who work between five and six hours.

Checklist for How to Fire an Employee in California

Firing an employee in California is as easy as saying, “You’re discharged, bye.” However, companies often fire an employee for seemingly justifiable reasons, which is when the employee’s lawsuit ensues for wrongful termination.

FMLA Wrongful Termination

Under the FMLA, it is a wrongful termination for an employer to terminate an employee who took or is taking FMLA. The FMLA does not cover all employees.

Can you get workers compensation after leaving job or fired?

Many employers and employees are curious if they can file a workers' compensation claim after leaving their job. In this article, we will provide information on workers' compensation claims and address the question: does it make sense for workers to file a claim after leaving job, termination, or fired?

Can Employer Ask for Proof of Disability? Can employers ask what your disability is?

It is frustrating for employers when an employee feigns disability. It is equally disappointing for employees when employers do not believe in the genuineness of a disability. In California, if the employer does not consider the worker's disability obvious, the employer may ask them to bring medical documentation.

California Labor Laws for Remote Workers

It is legal for employees to work from home in California, and subject to the employment laws of the state and locality where they are physically present and working.

Can Employers See Private Facebook Messages?

Technology makes communicating more accessible and more convenient, but many worry about the loss of privacy that comes with online communication. While most of us think our messages at work remain private, the truth is that many employers hold the right to oversee their employees' private work messages.