Davis*Gavsie & Hakim, LLP Davis*Gavsie & Hakim, LLP 2026-11-01T22:40:19Z https://www.laemploymentlawyer.com/feed/atom/ WordPress On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Tips to help employers avoid litigation]]> https://www.laemploymentlawyer.com/?p=48378 2026-11-01T22:40:19Z 2026-11-01T22:40:19Z Ensure that dress codes are legal In some cases, workers may claim that a dress code is discriminatory. Perhaps it infringes on their religious freedom, for example, or perhaps men and women do not have equally restrictive dress codes. To prevent this issue, the key is to ensure that the dress code is fair and applies to all workers. Dress codes themselves are not illegal, but they cannot be discriminatory.

Ask the right interview questions

During interviews, either for hiring or for promotions, employers need to know what questions they can and cannot ask. They should never ask questions about someone's religion, their pregnancy status, their ethnic background and the like. For instance, if an employer is worried that a prospective employee will not be able to work certain weekend hours due to their religion, rather than asking them about their religion itself, the employer should simply ask if they will be able to work the necessary hours.

Communicate with employees

Any time there is a chance that issues could crop up, communication is important. Talk with employees about pay cuts, for example, or layoffs. Notify them if there have been reports of negative performance on the job, rather than just terminating them outright. Good communication can often prevent a future lawsuit. If employers take the right steps upfront, it can help with adherence to legal standards. If disputes arise anyway, employers then must know what legal options they have.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Are employees required to give two weeks’ notice?]]> https://www.laemploymentlawyer.com/?p=48375 2026-10-19T01:55:46Z 2026-10-19T01:55:46Z legal obligation to do so. If an employee says that they are quitting immediately, they are fully within their rights to do so. Their employer cannot try to deny their resignation or force them to give notice.

Are there any exceptions?

There is one notable exception, which is when an employee has an employment contract. If they do, they are no longer an at-will employee. In this type of case, the language in the contract would determine how they can leave their position. If the employee legally agreed to give two weeks’ notice and signed that documentation during onboarding, they do have to uphold their side of that contract. It helps for employers to understand what steps they need to take when writing contracts or handling departures. Having experienced legal guidance can help.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[5 areas where discrimination is prohibited]]> https://www.laemploymentlawyer.com/?p=48373 2026-10-03T20:24:41Z 2026-10-03T20:24:41Z California is a state that has strong protections for employees. This includes prohibiting discrimination. There are also federal protections that mean discrimination is illegal, so there are laws at multiple levels addressing these issues. At a state level, however, the California Civil Rights Department (CRD) plays a major role in determining how these protections apply. It has identified five key areas where discrimination cannot legally occur.

The hiring process

First and foremost, employers cannot discriminate when screening applications or conducting interviews. All workers should have an equal chance to secure a job based on relevant factors, like education or experience. They should not face discrimination based on race, gender, age, religion or other protected classes. 

Advertising

Similarly, when creating job postings or advertising positions, those advertisements should be neutral in nature. They should not request candidates in certain protected classes or say that other groups of candidates should not apply.

Employee handling

Once a person has been hired, they should not experience any discrimination on the job when it comes to the progress of their career. This includes promotions, raises, terminations and even transferring or separating certain employees.

Working conditions

Discrimination should not apply when determining what working conditions employees will experience. They should also be equal. That includes the compensation they receive.

Participation in certain groups

Finally, there should not be any discrimination when it comes to apprenticeship programs or other group participation for training purposes. Additionally, unions and employee organizations should not discriminate. Employers need to be aware of these prohibitions, and employees need to know what steps to take if they believe discrimination has occurred at any level.]]> On Behalf of Davis*Gavsie & Hakim, LLP <![CDATA[Study claims there is dual-ended ageism in tech]]> https://www.laemploymentlawyer.com/?p=48369 2026-09-22T06:42:15Z 2026-09-22T06:42:15Z Age 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=48367 2026-09-07T14:34:29Z 2026-09-07T14:34:29Z Employers 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.

A common warning structure

All businesses handle this differently, but one common employee warning structure works like this:
  • 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=48365 2026-08-25T15:23:23Z 2026-08-25T15:23:23Z Yes, 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=48362 2026-08-09T11:36:45Z 2026-08-09T11:36:45Z Sexual 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=48361 2026-08-01T14:09:15Z 2026-08-01T14:09:15Z Why 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=48358 2026-07-19T20:24:09Z 2026-07-19T20:24:09Z What 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=48357 2026-06-30T15:32:33Z 2026-06-30T15:32:33Z
  • 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.]]>