Category: Employment Litigation
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The California employer/worker relationship: ever fluid, complex
You need me, and I need you. In a nutshell, and in fundamental terms, that preceding sentence just about sums up the essentials of the important employer/employee relationship in California. And given its reality and symbiotic nature, one might reasonably think that relations between managers and workers across the state are routinely informed by fair…
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A slippery slope: workers’ comp claim, alleged company retaliation
A California worker files a workers’ compensation claim following an on-the-job injury and is terminated from his or her employment shortly thereafter. Is such a fact scenario likely to pique the interest of a jury? It likely will, states an article noting that workers’ comp retaliation is “becoming a rapidly growing field within employment law.”…
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Focus: Workplace wellness programs, health tracking and privacy
It’s a win-win scenario, right? That fitness tracking apparatus that you agreed to wear on your wrist at the request of your employer is proving to be a real ally in helping you understand relevant health-related numbers. Truly, of course, not that many workers are yet strapping on those little mobile tech tools, but enough…
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On the near horizon: new federal overtime rules affecting millions
Say that you’re an “exempt” worker toiling diligently on behalf of a California employer. Although that classification is not readily susceptible of a quick and easy definition, it broadly applies to certain categories of salaried — rather than paid-by-the-hour — workers. One straightforward and representative take on exempt employee status is supplied in an online primer noting…
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California high court addresses simple employment issue
Although some California employers might — and undoubtedly will — continue to argue that a matter recently ruled upon by the California Supreme Court is nuanced and quite complex, legions of workers in the state will certainly counter that it is anything but complicated. In fact, they have been making that claim for some time…
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U.S. Soccer targeted by women players: Why are men paid more?
Anyone seeking to justify the above-cited reality in today’s blog entry headline might have a hard time doing so in light of stark empirical evidence. To wit: While the American men’s national team has won virtually nothing of consequence since its inception, the women’s team has won, well, everything. And more than once, with a…
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Data in new study underscore gender-based wage disparities
Are women in workplaces in California and across the country achieving greater parity with their male colleagues when it comes to the dollars deposited into their accounts each pay period? Assuredly, they are, especially when compared to decades ago. Does that fortunate change in circumstances now render gender-based wage discrimination a relic of that past, that is,…
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California worker misclassification case focuses on overtime pay
Some workers in California and elsewhere across the country are legally entitled to receive overtime pay and related benefits when they cross an hours-worked threshold relevant to a particular pay period. They don’t always receive it. And when they don’t, their complaints concerning the alleged bad-faith behavior of employers t often lead to wage-and-hour-based lawsuits…
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The Zika virus: an employer’s perspective
Employers in California and elsewhere obviously have to pay attention to many things. Including mosquitoes. In this modern day and age, it doesn’t take long for global medical authorities to identify dangerous viruses and diseases — regardless of source — and seek to combat them through public education, travel restrictions, interventionary care and other measures.…
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Did wrongful termination take place?
Wrongful terminations can be bad for both an employer and employee. The employee can file a lawsuit, while the employer then has to defend against the allegations. Sometimes, the media gets involved, and this can hurt the employer’s business. In either case, it’s important for each party to have the appropriate legal help. Employers know…
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New California legislation to target workplace sexual harassment
As we note on an employment law-related page of our website at the Pasadena business and commercial law firm of Larson & Gaston, LLP, “we address issues arising under … state and federal laws governing the relationship between companies and workers.” That universe of concerns is wide, indeed, spanning a veritable ocean of considerations affecting employers and employees,…
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Employment law: a broad focus for experienced legal counsel
Today’s post takes a topical look at employment law issues in California. As we note on our Employment Law website page at the Pasadena-based law firm of Larson & Gaston, LLP, serving clients across Los Angeles County and Southern California, that centrally involves “the relationship between companies and individuals.” How complex is that? We would simply answer that…
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Paid sick leave
Paid sick leave is an important employee right for those who have met California’s paid sick leave laws. Recently California amended its laws to establish minimum standards of paid time off. In the state, anyone who has worked at least 30 days in a year and has satisfied a 90-day employment period is eligible for…
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Enterprise agrees to settlement in age discrimination case
It seems surprising in an era where people are living longer, healthier lives and working well into their late sixties and seventies that age discrimination would remain a problem, especially for 40 year olds. But, it is. In Los Angeles, the Enterprise Rent-A-Car company has come to a compromise and settled an age discrimination…
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Actions that could be considered pregnancy discrimination
Some people across California, including business owners and individuals alike, may have read our blog post at the beginning of the year in which we talked about pregnancy discrimination in the workplace. We discussed what pregnancy discrimination is and touched on the fact that employers who fail to follow state and federal employment laws could…
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Immigration status can create legal issues for employers
Employers in California are bound by a series of state and federal laws that dictate the treatment of employees. Everything from the questions that can be asked on a job application to grounds for termination, if an employer isn’t careful, they could find themselves breaking the law and facing consequences as a result. Using the…
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Wal-Mart insists closing of Pico Rivera store wasn’t retaliation
Because of the rising awareness of employment laws, many workers across the nation, including here in California, have started watching every step business’ make. In some cases, a company may be under such intense scrutiny that workers believe the company is violating the law when in fact they are in full compliance. As you can…
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SCOTUS sends Young v. United Parcel Service back to lower courts
Whether you’re a business owner or an employee here in California, it’s important to have at least a general understanding of business and employment law. That’s because having a familiarity with the law can help you recognize situations in which a person or business may be violating the law. More importantly, it will help prevent…
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Discrimination case held up for 4 years allowed to continue
When news first broke four years ago on the suspension of a Fox News broadcaster for using the N-word during a staff meeting, there were immediately two opposing sides to the issue: One side claimed that the anchor had actively participated in discrimination against his coworkers by saying the word and that his suspension and…
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Pregnancy: what businesses need to know to avoid litigation
A lot of entrepreneurs consider owning and running their own business to be an exciting adventure. Not only do you get to help your product or service grow and prosper, you get to dabble in other things, such as the law, which can be just as exciting (and important) as keeping your business alive. As…