Binding arbitration is the most common type of resolution procedure or employment disputes between employees and employers in California. Contractual arbitration is a process in which the employee and the employer agree to submit their disputes to binding resolution by one or more impartial third persons. The common perception is…
The Supreme Court has held that time spent waiting for work is compensable if the waiting time is spent “primarily for the benefit of the employer and his business.” Armour & Co. v. Wantock (1944). Whether the time spent predominantly for the employer’s benefit depends on the specific circumstances of…
At the conclusion of leave under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA), an employer must reinstate an employee to the same or an equivalent job, unless he or she is a “key employee” who is given appropriate notification. One main limitation on this rules is…
No matter what side of the workplace dispute you are on – whether you are an employee, a supervisor or the employer, it is important to remember one fundamental fact about California employment law: not every conduct which seems unfair is actually illegal, and not every violation of the law…
There are various, although equally despicable and unlawful kinds of sexual harassment that employees may be subjected to at workplace. One type of sexual harassment may take the form of an economic “quid quo pro” where a supervisor’s requests for sexual favors are linked to the grant or denial of…
Your employer has the right to the undivided loyalty of its employees. The duty of loyalty is breached and may give rise to the employee’s liability in a civil suit for unfair competition when the employees takes action adverse to the employer’s best business interests. Stokes v. Dole Nut Co.…
Numerous California laws protect employees against retaliation by their employers. Most of the anti-retaliation statutes protect employees from adverse employment actions ( i.e. demotion, transfer to a less desirable workplace, suspension, administrative leave or termination) for exercising their rights under Fair Employment and Housing Act (FEHA), Occupational Safety and Health…
Different companies and employers have a very different approach to handling disciplinary actions against their employees. While some company simple don’t have any formal policy regarding write ups, warnings and other disciplinary actions against employees, other employer have a clear policy of progressive discipline that generally shall be followed by…
The California Fair Employment and Housing Act requires employers to make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so would produce under hardship on the employer. “Reasonable accommodation” means that employers have an affirmative duty to…
Physical violence at workplace is more common than we would like to believe. Recently, a client approached me describing the outrageous conduct of his former employer – while being notified of his termination, his employer, during a mild verbal confrontation violently pushed him against a furniture store in his office,…