Section 16600 of the California Business and Professions Code provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind of to that extent void”. The law is not limited to employment contracts and does not mention competition. Rather, this…
Under California Labor Code section 203, an employer must pay a waiting time penalty on wages owed when the employer willfully fails to pay wages due under section 201 ore 202. A waiting time penalty is equal to one day’s pay fore each day that a full payment of final…
Some employees assume that unless they have proof of complaining about a particular labor law violation, the protections of anti-retaliation laws do not apply to them. However, as the US Supreme Court recently held in Kasten v Saint-Gobain Performance Plastics Corporation (2001), complains that are made orally are also protected.…
Suppose your boss engages in what’s clear to be a discriminatory conduct toward you because of your age, race, gender, or because the employer is really unhappy that you filed a workers comp claim or harassment complaint. You are not terminated yet, but you know that it’s only a matter…
In Fitzemons v California Emergency Physicans Med. Group 205 Cal.App. 4th 1423 (2012), the Appellate Court held that the anti-retaliation provisions of FEHA (Fair Employment and Housing Act) protect not only employees but also partners in a business partnership. In that case, the plaintiff was an emergency physician and a…
Recently, the Fourth District Court has published its decision in Wills v. Superior Court – a very important opinion on workplace mental disabilities rights at workplace. That case addressed a not uncommon situation, where an employee who has been diagnosed with mental disorder, such as bi-polar disorder, has been found…
Starting from January 1, 2015, the San Francisco minimum wage increased to $11.05 / hour. This increase reflects the recognition by the authorities of a significantly higher cost of living in the city, driven up by the tech boom, the shortage of housing and the soaring prices for studios and…
Under California Unemployment Insurance Code, “misconduct” associated with employment termination is defined as substantial, willful violation of a known employer rule or policy. This definition of misconduct is generally favorable to employees-claimant as it requires the violation to be serious and intentional or at least grossly negligent. The employer has…
Retaliation claims are some of the most common employment law cases filed in California, and usually in conjunction with a wrongful termination claim. It is important for any potential plaintiff in a wrongful termination case to consider whether he can also include a retaliation claim because retaliation is often easier…