As one California court recently pointed out in Kelly v. Stamps.com Inc. (2005), downsizing alone is not necessarily a sufficient explanation, under the Fair Employment and Housing Act, for the consequent dismissal of a worker. An employer’s freedom to reduce its workforce and to eliminate positions in the process, does…
Under Federal Law Federal law exempts certain employees from both minimum wage and overtime pay requirements. These exemptions include: * Workers employed in a bona fide executive, administrative or professional capacity; * A list of certain other employees, including outside salespersons, amusement park/recreational employees, agricultural employees, newspaper business employees, switchboard…
I get calls from many workers in the San Francisco Bay Area who turn toCalifornia Department of Fair Employment and Housing for help, filing a complaint against their employer with one or both of those agencies for harassment, discrimination and/or wrongful termination. There is a tendency among workers to expect…
Once your local Employment Development Department (EDD) denies your unemployment benefits, you have an opportunity to appeal that decision in front of the Administrative Judge of the Board of Appeal. At that hearing, you will have the opportunity to explain to the judge why you should be entitled to unemployment…
Under California Business and Professions Code section 16600, any agreement entered into with the purpose of limiting trade or business of any kind is to that extent void and unenforceable. California courts have consistently declared this provision an expression of public policy to ensure that citizens shall retain the right…
The California Fair Employment and Housing Act (FEHA) protects individuals who are at least age 40 from discrimination based on age in hiring, firing, compensation, and the terms, conditions, and privileges of employment. Because the legislature has included age among the specific categories protected by FEHA, employers are prohibited from…
An employer may not deduct from employee’s wages moneys lost due to ordinary losses, such as cash shortages, breakage or loss of equipment, etc.) in the absence of showing of dishonesty, willful acts or gross negligence. As the court noted, the law prevents the employer from using wages to shirt…
The executive exemption that relieves employers from the obligation to pay overtime compensation applies to any employee: * Whose duties and responsibilities involve the management of the enterprise in which he is employed or of a customarily recognized department of subdivision of that enterprise; * Who customarily and regularly directs…
Many employees give in the temptation of accepting a lump sum severance upon termination, even when the lawfulness of that termination is questionable. If you find yourself with an offer of severance, I highly recommend that you take your time to consider the severance offer before you accept it. One…
It is not unlikely for employees to have their words and/or conduct to be misinterpreted by their co-workers and have their colleague accuse them of sexual harassment without sufficient reason. An employer has a duty to investigation all sexual harassment allegations. Failure to do so may subject the employer to…