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San Francisco Employment Law Firm Blog

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California Broadens The “Employee” Definition in Employee / Independent Contractor Distinction

On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc., v Superior Court, making it even harder for companies to classify workers as independent contractors (rather than employees). The previous standard used for classifying workers as employees or independent contractors had been in place…

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New Law On Piece Rate Compensation Requires Separate Pay For Rest Breaks

Effective January 1, 2016, employees compensated on a piece base basis have an additional important right  – to be paid for their meal an rest breaks separately and in addition to any piece rate compensation they are otherwise entitled to. This law is codified in Labor Code 226.2. What is…

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Two Antitrust Violations HR Professionals and Recruiters Should Avoid

There are two main hiring and recruiting practices that companies and their HR professional and recruiters should avoid, because they are prohibited by law and lead to severe penalties, including fines and even criminal prosecution, enforced by Department of Justice: 1. Agreements Not To Recruit Certain Employees  An HR professional…

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A Mechanic Wins Racial Harassment Case in Orange County

On October 24, 2017, an Orange County jury returned a verdict in the amount of $176 for a mechanic who sued his employer for racial harassment, racial discrimination, and disability discrimination. The defendant in that case was a heavy equipment rental company. They hired a plaintiff to perform maintenance on…

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Wrongful Termination To Avoid Paying Bonuses or Commissions Due

Many employers, especially in the tech / start-up world often fire an employee right before his bonus or commissions in order to avoid paying that bonus. Of course this is more likely to happen if the bonus due is significant. If there is sufficient evidence that avoiding to pay bonus…

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Legal Protections for Workers with Cancer Under ADA Disability Laws

The ADA and FEHA (Fair Employment and Housing Act) prohibit discrimination on the basis of an employee’s disability in all phases of employment process – from application, medical exams, hiring decisions, promotions, and of course terminations. Under ADA, disability is defined as a physical or mental impairment that substantially limits…

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