What Acts Constitute Religious Discrimination, Harassment, and Accommodation

The primary law that protects employees and job applicants from religious harassment – in hiring, promotions, and firing – is Title VII of the Civil Rights Act of 1964. Generally religious harassment, for purposes of employee rights, is treated similarly to other types of harassment based on identity traits. There ...

California Legislature Passes Historic Bill Expanding Family and Medical Leave Rights

The California Family Rights Act (CFRA) is a state law which supplements the federal Family and Medical Leave Act. The CFRA was recently amended (SB-1383 Unlawful employment practice: California Family Rights Act.) to cover many more employees. The updated law was just approved by the 2019–2020 legislature and when i...

The Difference between the EEOC and the California DFEH

The EEOC is the Equal Employment Opportunity Council. DFEH is the California Department of Fair Employment and Housing. The EEO is a federal agency while DFEH is a state agency. Both agencies administer and enforce discrimination laws against employers. Generally, employees are advised to seek legal counsel if there...

California Non-Compete Laws for Employees

We receive many calls about non-compete agreements throughout California, primarily in Silicon Valley area. There is new law that greatly helps employees compete with former employers after they leave a company – voluntarily or involuntarily. California takes the position, by law, that they will not restrict anyone...

Punitive damages for wrongful termination. Colucci vs. T. Mobile.

A former employee of T. Mobile, Stephen Colucci, was awarded $5 million in a lawsuit based on employment discrimination and wrongful termination. The award included $4 million in punitive damages and $200,000 for future emotional distress. The appellate court reduced the punitive damage award to 1.5 times the compensat...

Governor Newsome Announces Paid Sick Leave for California food Workers During the Pandemic and Other Consumer Protections

On August 16, 2020 Governor Newsome signed an executive order to help California food service workers during the COVID-19 health crisis. The protections apply to food workers for large employers by providing two weeks of paid sick leave. The order supplements a federal relief order that provides similar paid sick leave...

New San Francisco Laws Provides a “Right To Reemployment” for Some Pandemic Employees

The San Francisco Board of Supervisors decided in June 2020 to pass an ordinance to help the community during the COVID-19 healthcare crises. The law went into effect after the Mayor declined to sign it. The ordinance, now law, applies to employers who have more than 100 employees. The law applies through September 1, ...

Will Californians Who Refuse Work Because of Coronavirus Still Get Unemployment Benefits?

The San Francisco Chronicle reported recently that people who decline work (their old job or a new one) may still be entitled to unemployment compensation, “according to new guidelines from the California Employment Development Department (EDD).” Essentially, the California EDD guidelines state that workers ge...