Non-compete agreements affect both employees and employers. If you are an employee, this clause aims to restrict your ability to work for a competitor. If you are an employer, you can use this clause to protect your business. Do non-compete agreements hold up in...
Passed over for a promotion: When it may cross into discrimination
Being passed over for a promotion is frustrating. It can feel personal, especially if you believe you were qualified or next in line. In many cases, an employer has broad discretion to choose who advances. Still, there are situations where a promotion decision may...
Key evidence that can strengthen a sexual harassment claim
Experiencing workplace sexual harassment is deeply unsettling. Knowing what steps to take and what proof to gather can be critical to protecting the rights of an employee. What types of evidence can strengthen a formal sexual harassment claim? Gathering crucial proof...
Can employers round down time worked to avoid overtime pay?
Employees who work long shifts, whole weeks without days off or more than 40 hours per week may have a right to overtime pay. Federal overtime rules and California's unique pay regulations determine what obligations employers have to hourly and non-exempt salaried...
A performance improvement plan can foreshadow an unfair firing
Wrongful terminations occur when employees lose their jobs for illegal reasons. Businesses generally have the legal authority to fire workers for any lawful reason. However, they cannot fire workers for engaging in protected workplace activities, such as unionizing or...
Amazon employee loses all over chair request
Pregnant workers have the right to request certain modifications of their duties if the duties could put the mother and fetus at risk. So, when one 20-year-old mom-to-be presented her boss at Amazon with a doctor’s note, she felt sure it would be accommodated. In...
Can employers fire workers for filing qui tam lawsuits?
There are many ways for employees to address business misconduct. In some cases, reporting the matter internally to management could resolve the issue. Other times, they may need to involve outside regulatory authorities. In special circumstances, it may even be...
Do companies need to pay workers to be on-call or on standby?
Workers paid on an hourly basis in California benefit from numerous rights and legal protections. They generally have the right to receive pay for all time worked. That is a higher standard imposed than the rule at the federal level, which allows for minimal...
What should employees know about sick leave in California?
California workers have rights that aren’t present under federal law or in other states. One of these is that employees can accrue paid sick leave. All employees are due five days or 40 hours of sick leave at a minimum each year. It applies to almost all workers,...
3 signs of “Quiet firing”
“Quiet firing” occurs when an employer deliberately creates a toxic work environment in the hope that an employee will quit on their own. Some employers resort to quiet firing because they do not want to pay severance or unemployment. In other cases, quiet firing may...