Employment disputes can be awkward and challenging, especially if you are unfamiliar with the legal system. As an employee, learning your rights is crucial to navigating a dispute with your employer. Serious conflicts in the workplace, between employer and employee,…
Speaking up after witnessing or suspecting inappropriate or fraudulent activity in your workspace can be particularly intimidating as an employee. It can often feel as though you are gambling with your job security and future for the greater good of…
If you ever find yourself contemplating legal action against your employer, it is very normal to feel intimidated. Typically, the legal and financial resources of an employer are far greater than that of an employee, which can make many employees…
California Governor Gavin Newsom recently signed Assembly Bill 2188 (AB 2188) into law, which amends the California Fair Employment and Housing Act (FEHA) to prohibit employers from discriminating against employees or applicants for off-duty cannabis use that occurs away from the job…
California is ramping up to make significant changes to its consumer protection laws. Specifically, a new law will provide protections to employees who were previously exempted from such laws. Employers are expected to have policies and procedures in place before…
Governor Gavin Newsom recently signed Assembly Bill 1949 (AB 1949) into law, which modifies the California Fair Employment and Housing Act (FEHA) to provide eligible employees with up to five days of bereavement leave after the death of a family member. The law…
Generally, Californians are employed “at will,” which means they may stop working without notice, or their employer may fire or lay them off without explanation or notification. That doesn’t mean “wrongful termination” doesn’t exist. Wrongful termination occurs when your employer…
Despite some progress regarding awareness and LGBTQ rights, 2021 was one of the worst years for the LGBTQ community due to numerous legislative measures pursued by states across the country. There have been nearly 250 anti-LGBTQ bills filed in 2022,…
One of the most challenging career decisions you can make is the decision to expose wrongdoing at your place of work. It’s natural to wonder whether the price of doing the “right thing” can cost your career. The good news…
On January 1, 2020, California’s new labor law AB 5 took effect, providing minimum wage protections to some, but not all, freelance workers. A freelance worker must be paid minimum wages when classified as a “full-time employee” under California law.…
“Locker room talk” is a phrase we’ve all heard at some point in our lives. It’s meant to describe words, expressions, and behavior that are typically associated with men. The idea is that when men are among themselves and behind…
The Gig economy is flourishing in California, with millions of independent contractors and approximately 23.9 million across the US reported in 2021, a staggering 85.3% increase since 2017. The advantages of being an independent contractor can be incredibly enticing; becoming…
Under Title VII of the U.S. Civil Rights Act, employers are required to treat employees equally and not discriminate against employees based on their status of being a member of a protected class. U.S. workers are also protected against discrimination…
Anxiety may be an invisible ailment, but those who suffer with anxiety disorders know that it can often feel more debilitating than other more physically visible disabilities. When leaving your home or even getting out of bed is a great…
Experiencing discrimination or harassment in the workplace can have a devasting impact on an individual’s job performance, confidence, and even mental health. Most full-time working Americans spend more daytime hours with their coworkers than their own family members, so when…
Milestones are an integral component of our lives, and the birth of a child is among the most precious and significant. The first year of a child’s life is filled with memorable landmarks that, as parents, we want to treasure,…
Are you an employee or employer in the Golden State? If so, listen up; updated minimum wage requirements went into effect this year, and more changes are coming. California employees are entitled to and should always receive fair wages. Unfortunately,…
California is a highly competitive state which can be a struggle for employers and employees, particularly for an employee who has moved on to a new position. Common employer concerns at such a junction involve former employees divulging information they…
Pregnancy is not only the gift of giving life but a critical part of the circle of life. Despite this, many employers fire pregnant employees, even as soon as the day she announces her pregnancy. According to a recent analysis…
The Equal Pay Act (EPA) passed in The Golden State for the first time during the 1940s. Former California Governor Jerry Brown updated the EPA and expanded it by providing the California Fair Pay Act (FPA) in 2015, which empowered…
Senate Bill 331 (SB 331, also called the “Silenced No More Act”) went into effect at the hand of California Governor Gavin Newsom, who signed it into effect during the latter half of 2021. The Bill furthered and substantiated expansions…
Have you been the victim of “quid pro quo” sexual harassment at your workplace? You are not alone; unfortunately, tens of thousands of Americans encounter and report incidents of sexual harassment at their jobs each year. Quid Pro Quo sexual…
On Thursday, April 7th, 2022, a U.S. appeals court panel reinstated an executive order under President Joe Biden mandating Covid-19 vaccinations for all federal employees. The federal appeals court overturned a lower court’s nationwide respite, which had been in effect…
The labor market has been transforming over the last decade in the US. However, that change was meaningfully impacted and accelerated by the Covid-19 pandemic, related work-from-home orders, and thousands of workers who found themselves laid off at the start…
You may be wondering whether an employer can change your job duties. Have you been employed for some time, and now your employer wants to change your work responsibilities in a way that makes you question their intent? Perhaps they’re…
Remote working pre-pandemic was often a practice for office bosses, business owners, and solo entrepreneurs, but then came the Covid-19 pandemic, influencing and modifying nearly every aspect of our society, most notably the workplace. The Public Policy Institute of California…
As a result of Gov. Newsom’s signing of new protections into law, under Senate Bill 114 ( specifically SB 114’s new Labor Code section 248.6), on Wednesday, tens of thousands of California workers will now have access to Covid-19 supplemental…
California defines hostile work environments as those in which inappropriate behavior is prevalent or severe enough to produce a hostile work environment for one or more employees. According to the Fair Employment and Housing Act, this type of harassment, workplace…
At SANFORD A. KASSEL, A Professional Law Corporation, We Get Results! With over 50 years of combined legal experience, our attorneys have taken hundreds of cases to trial or mediation. We have an extraordinarily high success rate in court and…
The Private Attorneys General Act, or PAGA, was designed by state legislators offering financial incentives to individuals seeking to enforce state labor laws. When SB 796 passed in 2003, the State of California did not have sufficient resources to keep…
On Thursday, January 14, 2022, the U.S. Supreme Court issued a ruling on two cases that challenged the Occupational Safety and Health Administration (OSHA) ‘s authority to make a vaccine-or-test mandate for private employees and healthcare workers. In a 6-3…
The Occupational Safety and Health Administration, known as OSHA, issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 spread in the workplace. The ETS requires employers with 100 employees or more to establish a vaccination policy. The…
Are you job hunting in California? You don’t have to worry about a credit check for most jobs, but it’s good to know the applicable rules and laws and requirements an employer must meet should they wish to request your…
Have you been missing meal breaks or rest breaks at work? Compliance with meal and rest break laws remains a significant source of litigation for California employers. California employees and employers must understand the laws regarding meal and rest breaks.…
If you believe your employer is subjecting you to an unreasonable invasion of privacy in your workplace, a lawsuit against your employer may be the most effective means of justice. Employers should refrain from unreasonable surveillance methods and aim to…
Many employers are starting to require their workers to get vaccinated against the novel coronavirus (Sars CoV2), more commonly known as Covid-19. As of now, the alternative appears to be subjecting employees to Covid-19 testing on an ongoing basis. Weekly…
California has become the first state to protect warehouse workers at warehouse distribution centers. Assembly Bill 701 was introduced by Assemblywoman Lorena Gonzalez (D-San Deigo) and signed by Governor Gavin Newsom into law on September 22, 2021. However, the law…
Many Californians find themselves wanting to quit their jobs. Not all reasons to quit are legally actionable. Yet, some circumstances may be considered termination. When work conditions become unbearable, harsh, or intolerable, and you quit, it may be considered a…
There are two legally recognized exemptions from mandatory COVID-19 vaccine requirements. These exemptions include disability-related reasons and sincerely held religious beliefs. If your employer requires the COVID-19 vaccine for employees returning to the office, continue reading to learn about how…
The right to privacy in California is one of the most important legal rights that residents have. California even provides greater privacy protections to its residents than the federal government offers. In fact, California employees benefit from some of the…
Many employers retain a third-party consumer reporting agency, also known as a CRA, to obtain consumer reports in California. Consumer reports include background checks or credit checks which are used in the hiring process. When a California employer uses a…
Employment terminated based on an employee’s political affiliations, or activities could constitute discrimination and a wrongful action, violating California’s labor laws. The rise of social media has brought employee’s actions that take outside of the workplace into their place of…
A miscarriage isn’t something women often speak about. What would’ve been a joyous occasion is instead marked with pain, except the damage isn’t visible. A miscarriage not only takes a physical toll on a woman’s body, but it can also…
The term “lunch hour” has become a misnomer since most employers don’t actually have an obligation to provide their employees with an hour of lunchtime. Most people would agree that working long hours without any breaks reduces an employee’s productivity. …
What is your current salary or how much were your previous wages? If an employer did not list a pay scale on their job posting, you might feel surprised to see these questions on an employment application and as if…
You may have already become familiar with the term “cancel culture.” Perhaps you’ve heard the phrase either on the news, online, or TV, usually concerning a celebrity or other high-profile public figure. The term is essentially a modern means of ostracizing…
Are you the greeter for Walmart, or a cashier at Target, Vons, Shop Rite, Walgreens, or another retail store? Perhaps you work at a theme park like Disneyland, Universal Studios, or you’re an attendant at The Hollywood Bowl. All these…
The United States is reopening, and many people are returning to work with the dilemma of COVID-19 still hovering over the nation. Employers are expected to create and preserve safe work environments that ensure public safety, as well as the…
Independent Contractor vs Employee? Employees have many different legal protections than independent contractors. Using an independent contractor can relieve an employer of the many burdens that California and Federal laws impose on an employer. For example, an employer is not…
In the State of California, unlawful sexual harassment in the workplace occurs when an individual directs inappropriate, negative, or unwanted conduct toward an employee based on their gender, sex, sexual orientation, marital status, pregnancy, or other sex-related reasons. Sexual harassment…
Workers in the State of California can experience unpaid wages through various illegitimate methods, including unpaid bonuses, uncompensated salaried hours, and unpaid commissions during a termination period. It is also worth noting that work misclassification is another method employers take…
Workers employed in the State of California are protected from workplace discrimination by both state and federal laws. When an employer subjects a worker to unlawful treatment based on the membership of a protected class, the affected worker has the…
In the State of California, it is unlawful for an employer to discriminate against applicants or workers based on their race, national origin, or skin color. If you have been the victim of racial discrimination in the workplace, you have…
When your rights as a worker have been violated and you have become the victim of sexual harassment in the workplace, the impact can be very profound. In many cases, this is because sexual harassment will usually lead to an…
Losing a job under any circumstances can be a stressful and traumatic experience. When the termination was unlawful or occurred under unfair circumstances, such as a consequence of retaliation, harassment, or discrimination, the termination can be considered particularly egregious. Laying…
The month of June is widely celebrated as Pride Month. Pride Month focuses on celebrating the LGBTQ community and it also serves as an important reminder that there is still work to be done when it comes to LGBTQ rights…
Sex discrimination is the workplace occurs when a worker is treated less favorably as a result of that individual’s sex. This will include his or her sexual orientation, pregnancy, pregnancy-related condition, gender identity and gender expression, as well as sex…
In the State of California, it is illegal for an employer to discriminate against a worker based on that worker’s religion, religious beliefs, and/or religious practices. Employees who have been discriminated against based on their religion have the legal right…
An employer can fire a worker for many different reasons, however, it is unlawful for the employer to fire a worker based on a harassment-related or discriminatory reason. Employers that engage in wrongful discharges may be held accountable for violating…
California takes LGBTQ rights seriously, with anti-discrimination laws that provide strong protections beyond federal regulations in some cases. If you are a member of the LGBTQ community and suspect discrimination based on your sexual orientation or gender identity, you are…
Regrettably, there are too many employees in California who find themselves in the challenging position of considering resigning from their workplace over unbearable and uncomfortable circumstances. Constructive discharge in California can sometimes be referred to as a constructive dismissal or…
Age discrimination in the workplace has been a nationwide issue for many years. Regrettably, it has resulted in the wrongful termination or demotion of countless workers. Even though workplace discrimination based on a person’s age is unlawful, many employers continue…
The state’s wage and overtime laws make employers fully compensate their workers for all of the hours worked. Employees that work more than 8 hours a day or 40 hours a week are entitled to receive overtime pay. When employers…
In the State of California, it is unlawful for an employer to discriminate against a worker based on sex and gender. It is also unlawful for the employer to unequally pay workers of the opposite sec for the same equal…
Whistleblower protection laws in California prohibit supervisors and companies from retaliating against workers that report a suspected violation of law. For instance, whistleblower protection laws in the state will protect workers in the event that: A worker who made a…
For every employee of faith, navigating religious rights at work can be difficult. This could be particularly true if the religious observance or holiday is not as commercialized as Christmas. While employers in California should at least attempt to offer…
“It is wrong for any employer no matter how large or small to discriminate against pregnant employees,” said Gavin Kassel, an employment lawyer who represented four of the women in these pregnancy cases against Amazon. (CNET Article May 6, 2019)…
If you have recently been let go of your employment and have reason to believe that you have a wrongful termination claim, you may have the opportunity to collect restitution for the loss of wages and benefits. Workers who have…
How an Attorney Can Assess a Wrongful Termination Case It is not unlawful for employers to fire employees, even when their reasoning seems unjustified and unfair. After all, employers could lie or mislead, regarding the reason behind the employee termination.…
If you have reason to believe that your employer has violated California’s wage and hour statutes, you could be able to recover any unpaid wages by bringing forth a wage and hour lawsuit against the employer. The following are some…
San Bernardino Constructive Termination Lawyers, Assisting Southern California Employees Who Have Been Wrongfully Forced to Quit Their Jobs If your work environment is hostile; if your employer or co-workers are harassing you; or, if you have already quit your job…
Wrongful Termination cases are very complex and often extremely involved. Being unemployed is a very stressful and confusing time. There are many factors to consider when making a claim for a Wrongful Termination. These types of difficult situations are best handled…
The following insights on Wrongful Termination have been prepared by Attorney Gavin Kassel, to provide helpful answers to some of the more Frequently Asked Questions (FAQ) about Wrongful Termination. Question 1. Can you highlight some red flags that employees should…
The Age Discrimination in Employment Act, established in 1967, was enacted in effort of protecting workers from age-related discrimination in the workplace. Although this was a proactive step in minimizing workplace discrimination and protecting employees’ rights, age discrimination is an…
If you have reason to believe that you are facing workplace discrimination due to a disability, it is important to take action right away. Every state has different laws that serve to protect the rights of employees. There are also…
The State of California does not take race discrimination in the workplace lightly. If you have reason to believe that you have been subject to race discrimination in the workplace, you should know that you might have the opportunity to…
In the State of California, it is against the law to discriminate against an employee based on his or her sex and/or gender. It’s also unlawful for employers to provide different wages to employees who are providing the same work.…
Are you a victim of discrimination? Discrimination in the workplace is an unfortunate, but common, occurrence. Many individuals who believe they are being subject to discrimination become frustrated and attempt to resolve the issue as quickly as possible by finding…
Sexual harassment is illegal in the state of California. In 2017, dozens of victims came forward with claims of sexual harassment against many wealthy celebrities of the past and present. Many forms of the sexual harassment were said to have…
Do I have to sign termination papers? NO, YOU DO NOT! In fact, one should never sign anything without closely reviewing the language contained in any document. By signing termination papers (exit interview documents), you are likely waiving and giving…
California Overtime Pay Laws | How To Recognize Unpaid Overtime Does your employer owe you for unpaid overtime? California labor laws address unpaid overtime, by requiring all employers to pay overtime, whether authorized or not. In California, the general overtime…
Losing a job can be difficult for anyone, but it often provides special challenges for older workers. Individuals over 55 are likely to face long job hunt times in a tough economy. The ranks of older workers among the long-term unemployed…
W3C Celebrates 20th Anniversary: This month, the World Wide Web Consortium (W3C) turns 20. On October 29th, global strategists, business leaders and developers will join the consortium to discuss “The Future of the Web” at an anniversary symposium in…
Does an employer have the right to ask for access to an employee’s personal social media accounts? If an employer fires an employee for refusing to provide the employer access to the employee’s personal social media, the termination could be…
