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The question in the following case was whether a California employee’s refusal to challenge his termination under the city of Montebello’s administrative procedures barred his subsequent lawsuit claiming he was terminated because he was a whistleblower.
California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.
A California Court of Appeal has found that an employer may be liable under the California Fair Employment and Housing Act (FEHA) for failing to accommodate an able-bodied employee’s request to modify his work schedule to care for a disabled family member. The court’s interpretation of the FEHA creates significant new obligations for California employers.
After analyzing the job posting activity of over 40,000 companies in its database, FlexJobs has identified the top 10 states where companies recruited the most state-based telecommuters in 2015. For the second year in a row, California, Texas, and New York lead the states with the highest number of telecommuting job postings.
In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law.
Most California employers will see the state’s minimum wage reach $15 an hour by 2022 if reports of a deal in the state legislature materialize as expected. Some businesses and industries may be impacted more than others—how will the proposed wage increases affect your company?
On April 19, 2016, the Los Angeles, California city council voted in favor of a proposed ordinance that would provide 6 days of paid sick leave per year to Los Angeles employees. The City Attorney has been given several weeks to draft an ordinance.
A recent California decision serves as a reminder to employers that the landscape of disability discrimination is quite complex. When an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer.
The California Department of Industrial Relations (DIR) has released data regarding the number of workplace fatalities for 2014, the most recent numbers available. The good news is the number of Californians who died on the job decreased from the previous year.
It’s been a common question in California courts—when should a worker be classified as an independent contractor? Drivers for ride-hailing giant Uber will continue to be independent contractors under the terms of a settlement of class-action lawsuits in California and Massachusetts if the settlement receives court approval.