Employment Law
Information for Workers Affected by COVID-19
As a worker in California during the COVID-19 crisis, you are likely to feel the effects of a downturn in the economy. Many employers have fired, laid off, or furloughed their workers. No matter what your position you hold at work – be sure to read about the latest changes in employment law in San…
Read MorePaid Sick Leave | COVID-19
The San Francisco Paid Sick Leave Ordinance requires employers to provide paid sick leave to all employees (including temporary and part-time employees) who perform work in San Francisco. Employees may use paid sick leave when they or a family member are ill, injured, or for the purpose of receiving medical care (including preventive care), treatment, diagnosis, or other medical…
Read MoreMinimum Wage Violations Now Also Enforced by Labor Commissioner
Assembly Bill 240 this bill amends California Labor Code Section 98 and 1194.2 and allows employees to recover liquidated damages in labor Commissioner proceedings for claims alleging they they were paid less than California’s minimum wage. Existing law had allowed liquidated damages, for minimum wage violations, only in a civil court action. Now employees and…
Read MoreCalifornia Expands Workplace Law By Clarifying Gender Classification
A new California employment law expands the protections under California’s FEHA by clarifying that the gender classification in both FEHA and the Unruh Civil Rights act include both gender identity and gender expression as protected categories. Gender expression is defined under the statute as a person’s gender related appearance and behavior, whether or not stereotypically…
Read MoreCalifornia Expands Law Prohibiting Discrimination Based on Genetic Information
The California Fair Employment and Housing Act and Unruh Civil Rights act were recently expanded by California Senate Bill 559 to prohibit discrimination based on genetic information. The FEHA and Unruh Civil Rights Act now also prohibit employers from seeking information regarding: 1. An individual’s genetic tests; 2. Genetic tests of the individual’s family members;…
Read MoreAge Discrimination in Employment Act of 1967 (ADEA)
The law applies to employers with 20 or more employees. An employee who is at least 40 years old is in a protected class and can bring an age discrimination claim if an employer took an adverse employment action against that person based on their age. Age discrimination against younger workers in favor of older…
Read MoreSeverance Agreement Tax and ERSA Pitfalls
Just read Separation Agreements: Breaking Up Is Hard To Do by Daniel R. Brice and Jonathan M. Cerrito the Tax and ERISA compliance pitfalls of servance agreements.
Read MoreA Severance Agreement Must Have Consideration To Be Enforceable
What is the consideration for the severance pay agreement? If the employee is already entitled to everything that is in the severance pay agreement there is no consideration and there is no reason for a terminated employee to sign the release of all claims. If the employer wants the release agreement to be valid there…
Read MoreI was handed a severance agreement as I walked out the door. Now what?
Should you sign the release and waiver of all claims or not? Employers who offer a severance agreement with a release of all claims, generally want to get the release signed. The reason for this is that the release language in a severance agreement concludes the employment relationship and makes sure there is not going…
Read MoreRetaliation
Retaliation is illegal
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