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.

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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.

What is unpaid time off in California?

Unpaid time off is time away from work that employees can take without pay. It includes any absence from work not covered by existing employee benefits such as sick leave

What To Do If Misclassified as Independent Contractor?

Employers need to classify workers correctly, yet sometimes workers are misclassified. This article explains how California employees can deal with and fix the problem of misclassification.

ADA Proof of disability

This article explores whether employers can ask for proof of disabilities and when employees should file a claim against their employers.

How Much Can You Sue an Employer for Misclassification?

Employees everywhere have specific employment rights, and individuals can and should take legal action when they are violated. Unfortunately, sometimes, employee rights are violated because of misclassification.

22 FAQ Answered: Paid Sick Leave for Hourly Employees

Can Employees Use Sick Leave for Personal Reasons? Here are six authorized reasons that employees can use:

12 Tips on How to Pay Employees Cash Legally

Paying employees with cash is an unusual but accepted form of compensation. Compensating employees with cash is legal, yet it is not an efficient manner of payment. In addition, cash payments are not recorded, so businesses must ensure that payroll reporting is accurate.