Davis*Gavsie & Hakim, LLPDavis*Gavsie & Hakim, LLP2026-09-22T06:42:15Zhttps://www.laemploymentlawyer.com/feed/atom/WordPressOn Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Study claims there is dual-ended ageism in tech]]>https://www.laemploymentlawyer.com/?p=483692026-09-22T06:42:15Z2026-09-22T06:42:15ZAge discrimination has long been an issue in many industries. Older workers may feel that they are being relieved of their duties to be replaced by younger workers, for example. There are protections against this type of discrimination, and deliberate age discrimination is illegal, but it is still something that worries workers as they move forward in their careers.
One thing that is interesting about the tech industry is that some reports indicate that there is ageism occurring on both ends of the spectrum. These reports claim that it has been difficult for workers to find employment if they are over 40 years old, but that it has also been difficult for young workers, such as those in their 20s who are looking for entry-level jobs in tech. These reports claim that this is a clear pattern, rather than a coincidence, and that it is an example of dual-ended ageism.
What do the statistics say?
Statistics do indicate that positions for tech workers are shrinking for those over 40. A report from the U.S. Equal Employment Opportunity Commission (EEOC) claimed that the percentage of tech workers over 40 dropped from 56% in 2014 to just 52% in 2022.Reports also looked at the hiring of software developers between October 2022 and September 2025. The employment rate for those between 22 and 25 years old fell by 20%.
Have you faced age discrimination?
Are you a tech worker who feels that your employment has been impacted based on your age? If you believe this is illegal age discrimination, you must understand what options you have.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Documentation can help counter wrongful termination claims]]>https://www.laemploymentlawyer.com/?p=483672026-09-07T14:34:29Z2026-09-07T14:34:29ZEmployers are often concerned about wrongful termination claims after employees have been let go. Even if the employer has followed all the laws and believes that the termination was handled correctly – it was not based on discrimination or the violation of an existing contract, for example – they may still worry that employees will claim that the loss of their job violated their rights.
This is why documentation during the process is so important. It can help to establish concrete evidence showing why the termination occurred, which can be used to counter the claim.For example, an employee may say that the termination was based on their inclusion in a protected class, such as gender, race, age or religion. But if the employer has a paper trail showing that the employee received specific warnings and was then terminated when their performance did not improve, this can help to show that the protected class was not a factor, even if the employee was included in that class.
The employee receives a verbal warning for a first offense.
The employee receives a written warning, which goes in their file.
The employee has to serve a probationary period.
If their behavior continues, the employee may face a suspension.
After that, the employee is given a final warning.
Only after this final warning would termination actually occur. This clear record of events shows exactly why it took place. For employers who are interested in making sure that their policies and actions adhere to the law, it can be helpful to work with an experienced attorney.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Are workers allowed to discuss their wages in California?]]>https://www.laemploymentlawyer.com/?p=483652026-08-25T15:23:23Z2026-08-25T15:23:23ZYes, workers in California are allowed to discuss their wages with their coworkers at any time that they want. It is important for employees to know that they have this right, and it is also important for employers to understand that they cannot infringe upon it. Whether they are hourly or on salary, they can talk about their wages.
The right to discuss wages has been reinforced by the California Equal Pay Act. Employers are not allowed to retaliate against employees who have conversations about their pay. For instance, an employer cannot make a policy saying that these conversations are prohibited, and they cannot terminate an employee who talks about their wages on the job. They also cannot cut their hours or reduce their pay rate.
Why is this important?
California protects the right of employees to talk about their wages because it helps to promote equality in the workplace. Employees who are doing substantially similar work, with similar qualifications, should be given equal pay.Ideally, employers will understand this responsibility upfront and establish similar wages for employees across all classes, such as religion, race, gender and the like. But in cases where this does not occur, employees have the right to talk about their wages so that any differences can be discovered.In some cases, this can lead to disputes, perhaps because employers inadvertently make policies that violate an employee’s rights or do not understand exactly what is required under both state and federal law. When these disputes arise, it is important for those on both sides to understand exactly what legal steps they can take.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Why many sexual harassment cases in the workplace are not reported]]>https://www.laemploymentlawyer.com/?p=483622026-08-09T11:36:45Z2026-08-09T11:36:45ZSexual harassment in the workplace is significantly and frequently underreported. Many incidents involving unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature are never formally reported to the employer.
Victims often stay silent, seek support from colleagues, avoid the harasser or directly ask the harasser to stop. Some even request new assignments or change jobs. Only a few use the company’s official channels to report sexual harassment.So, why does this happen?
Subtlety
Ambiguity of conduct is one of the reasons why workplace sexual harassment cases are underreported. Some behaviors are so subtle that it can make one wonder if an incident constitutes sexual harassment or warrants an official investigation, especially when there is less evidence. Consequently, they may decide not to report it due to fear of disbelief.An employee should report any behavior that creates a hostile work environment. A company’s investigation will help establish the nature of the behavior.
Fear of retaliation
Some employees avoid reporting sexual harassment because of fear of professional and social retaliation. For instance, demotion, assignment of undesirable duties/shifts, poor performance reviews, denial of promotions or termination. Retaliation is unlawful. Reporting sexual harassment internally and externally is a protected activity.
Economic insecurity
Research has shown that underreporting of sexual harassment in the workplace is amplified when there are limited job options. A victim may fear losing income, benefits and career opportunities, especially when the harasser is a senior, such as a supervisor or the employer. An employee may believe they can’t win against the company. But this is not true. They can build a strong case and protect their rights and career.Sexual harassment in the workplace is a major problem. If you believe you have experienced it, get more information to understand your options.
]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[How much overtime pay can employees earn in California?]]>https://www.laemploymentlawyer.com/?p=483612026-08-01T14:09:15Z2026-08-01T14:09:15ZWhy should you know about overtime laws?
California laws require employers to pay their nonexempt employees overtime wages when they exceed their work hours. However, many employers refuse to pay their employees. Unpaid overtime can be considered wage theft.
Employers may use illegal or unethical methods to avoid paying overtime to their employees. A few examples of how employers effectively steal overtime pay from their employees are most commonly worth considering:
An employer asked their employee to work off-the-clock
An employer altered how much time an employee worked
An employee is misclassified as exempt from overtime pay
An employee is misclassified as an independent contractor
If an employer is keeping workers from their earned overtime pay, employees can file a wage theft claim. A wage theft claim can help employees recover unpaid money owed by an employer. Before filing a wage theft claim, employees may need to reach out for professional legal guidance. Legal guidance can help employees gather documents that support a claim and work to recover the full amount of stolen income.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[When does “cultural fit” become age bias?]]>https://www.laemploymentlawyer.com/?p=483582026-07-19T20:24:09Z2026-07-19T20:24:09ZWhat does "cultural fit" mean?
There is no single defining term for cultural fit. Employers often use the term to describe qualities such as:
Communication style
Adaptability
Professionalism
Alignment with the organization's mission
Ability to work effectively with colleagues
These can be legitimate considerations if they are applied consistently and relate to the job's requirements. However, problems arise when "cultural fit" becomes a substitute for decisions based on age or other protected characteristics.
Both federal and state laws protect older workers from age discrimination. The federal Age Discrimination in Employment Act (ADEA) applies to employees who are 40 years and older. The California Fair Employment and Housing Act (FEHA) provides broader protections than the federal law and applies to employers with five or more employees.
These laws apply to many aspects of employment, including:
Hiring
Promotions
Compensation
Training opportunities
Discipline
Layoffs
Termination
All employers are to make decisions based on legitimate business reasons and not on an employee's age.
The term "cultural fit" doesn't establish discrimination. Still, questions may arise if it's combined with other factors, such as repeated references to a "young," "fresh" or "energetic" workforce; employment decisions that consistently disadvantage older workers; or recruiting efforts designed to discourage older applicants.
When employees believe they are being discriminated against because of their age, it's natural to react by confronting their supervisor or Human Resources, reducing their productivity or quitting. A better approach is to discuss their concerns with a legal professional who can evaluate the specific facts and review their options.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[California employers need to know about reproductive loss leave]]>https://www.laemploymentlawyer.com/?p=483572026-06-30T15:32:33Z2026-06-30T15:32:33Z
Miscarriage
Stillbirth
Unsuccessful reproductive technology procedure such as in vitro fertilization (IVF).
Failed adoption
Failed surrogacy
These last two can happen suddenly and unexpectedly if a surrogate or birth parent breaches the agreement or something else goes wrong with the birth or (in the case of surrogacy) an embryo transplant.
Either prospective parent, regardless of gender, qualifies for this leave. It doesn’t have to be taken all at once, but it must be taken within three months after the loss.
Some employers may already include reproductive loss under qualifying events for paid leave. If they don’t, according to the California Civil Rights Department, they “must let employees use any available vacation time, sick days, personal days, or PTO to cover their reproductive loss leave so they can get paid.” If an employee doesn’t have any accrued paid time off available, the employer is not required to pay them for this time off.
Respecting an employee’s privacy and feelings
It’s crucial for employers to ensure that all management, supervisory and Human Resources staff respect and protect employees’ privacy and feelings during a difficult time. The law states that employers are required “to maintain employee confidentiality relating to reproductive loss leave.”
Some people may not personally consider it a “loss” that an IVF attempt failed or that a surrogate or birth parent backed out of an agreement. However, for prospective parents – especially those who have been on a long and stressful journey to bring a child into their family, it can be heartbreaking. The law also prohibits employers from retaliating against an employee for exercising their rights under the law to take this leave.
Employers who have questions or concerns about complying with the law are wise to get legal guidance. This can help them to avoid costly and stressful employment issues later.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Legally reducing an employee’s pay]]>https://www.laemploymentlawyer.com/?p=483562026-06-19T19:01:54Z2026-06-19T19:01:54ZEmployers do have the right to reduce an employee's pay in some situations. Employees often feel that their pay should stay constant or that they should be offered a raise, but there are situations in which a business owner may want to make a reduction. It could be a cost-cutting measure, for instance, where the owner of a company is reducing someone's pay to avoid having to lay off any of the workforce.
As a business owner, however, it is important for you to know how to implement this pay reduction legally. Below are a few areas to keep in mind.
It must apply to the future
To start with, you cannot reduce someone's pay for hours that they have already worked or jobs they have already performed. You can only tell them that their pay is going to be reduced moving forward.
The employee must agree
In this sense, you are giving the employee a chance to agree to the pay reduction. There is no obligation for them to do so. This does not mean they can demand a higher pay rate, of course, but simply that they have an option to either accept the lower pay rate or leave their position and seek a different job.
The reason for the reduction must be legal
Finally, you cannot reduce someone's pay for an illegal reason. An example could be retaliation. If an employee reports sexual harassment in the workplace and you reduce their pay, that could be seen as a retaliatory measure. You also cannot discriminate, such as reducing pay for female workers or workers with a certain ethnic background.As long as you keep these details in mind, you can likely institute a pay reduction without incident, but it is important to know what legal options you have if a dispute arises.
]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Must employers accommodate religious scheduling restrictions?]]>https://www.laemploymentlawyer.com/?p=483552026-06-04T10:10:23Z2026-06-04T10:10:23ZDo requests create business hardship?
Generally speaking, employers across the United States have to respect the right of religious freedom extended to everyone in the country. Provided that employees provide appropriate advanced notice of any scheduling restrictions or leave needs related to religious practices, employers should make reasonable attempts to accommodate them.
The frequency with which workers require special consideration and even the number of employees at the company can influence whether scheduling restrictions create an undue hardship. Provided that the company is able to operate without sustaining major losses or facing increased liability due to scheduling restrictions, employers should allow workers to take time off to attend services or honor holy days.
When employers do not reasonably accommodate workers who need time away from work to attend services or honor their faith, refuse accommodations or punish workers for requesting them, that could constitute religious discrimination. Workers can take legal action to challenge negative employment decisions or request compensation for the economic impact the discrimination may have had.
Employees with documentation of inappropriate religious discrimination may have grounds to take legal action. Reviewing scheduling requests and employer responses with a skilled legal team can help professionals determine if they experienced unlawful religious discrimination at work.]]>On Behalf of Davis*Gavsie & Hakim, LLP<![CDATA[Is it possible to fire an employee in a protected class?]]>https://www.laemploymentlawyer.com/?p=483542026-05-23T07:55:57Z2026-05-23T07:55:57ZYes, an employee who is in a protected class can often still be terminated from their position, but doing so can be a bit more complex for the employer.
As an employer, you know that employees have certain protections against wrongful termination. For instance, Title VII of the Civil Rights Act of 1964 establishes a number of protected classes. These include national origin, sex, religion, color and race.What this means is that you cannot terminate an employee specifically because of their inclusion in one of these classes. If an employee converted to a new religion and you decided to fire them in response, for example, it would be a clear violation of their rights.But you can still fire them for other reasons, such as performance issues on the job, even if they are in a protected class. You just cannot use that protected characteristic as the reason for the termination, as doing so would be discriminatory.
Documenting everything
If you do need to fire an employee in a protected class, it can be very important to gather documentation. This can support your decision and show your reasoning. Examples could include warnings the employee was given or write-ups they received. If you have a clear paper trail showing that there was a valid reason to terminate the employment and that it had nothing to do with personal characteristics, you reduce the chances of a wrongful termination lawsuit.That being said, these types of conflicts between employers and employees are common, and those involved must know what legal options they have to address them.
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