Disability Discrimination Is Not OK – Employees Have Rights

Have you ever wondered what your rights are in the workplace? In today's post, we will discuss disability discrimination and how California law protects employees who are or become disabled. We have previously written about what is a disability under the California Fair Employment and Housing Act (FEHA). An employee i...

You Are Protected Against Sexual Harassment At Work

The term "sexual harassment" is all over the news: for example, the $20 million settlement paid out to Gretchen Carlson, a TV host who accused former Fox News Chairman Roger Ailes of pervasive sexual harassment over several years. California has strong laws against sexual harassment that our employment law attorneys a...

Does An Arbitration Agreement Affect Your Employee Rights?

You get hired for a job. Your new employer hands you a stack of papers to sign. Employment application, non-disclosure agreement, and all kinds of policies. You may or may not notice that one of the documents says something about giving up your rights to a jury trial and agreeing to resolve all disputes in binding arbi...

Retaliation For Unsafe Working Conditions & Your Rights

Have you seen the television show Desperate Housewives? One of the actresses appearing on the show, Nicolette Sheridan, sued the production company under Labor Code section 6310 alleging she was terminated in retaliation for a complaint she filed alleging battery by the show's producer. This post will discuss Labor Co...

Do You Have A Whistleblower Claim? Part 2

In our last blog post we discussed who is a whistleblower and how one can file a lawsuit to recover damages from a wrongdoer on behalf of the U.S. government. This post will focus on common obstacles to filing a qui tam lawsuits: the "public disclosure bar," the "first-to-file rule," and observing the statute of limita...

Can Independent Contractors Claim Employee Benefits?

Question: An individual was misclassified by his company for many years as an independent contractor, when in fact he was an employee. Due to the misclassification the individual was not eligible to participate in his company's 401k plan or sign up for health benefits. After ten years of employment, the company laid...

Federal Court: Uber Drivers Are Employees, Not Independent Contractors

After months of speculation, a federal court in Northern California held that drivers for Uber are employees and not independent contractors due to Uber's control over the drivers' schedules, routes, pay, and training. The court was considering whether to certify a class action of thousands of drivers who had signe...

Bank of America unit will pay $36 million to settle appraiser class action

Bank of America Corp's appraisal unit, Landsafe Appraisal Services, Inc. has agreed to pay $36 million to settle a class action alleging it misclassified residential real estate appraisers as exempt from getting paid overtime. According to Plaintiffs' attorneys, each of the 365 class members will recover about $100,000...

New Paid Sick Leave Law Effective July 1, 2015

The Healthy Workplace Healthy Family Act of 2014 (AB 1522) provides that nearly all California employees are entitled to paid sick leave if: (1) they work 30 or more days in California within 1 year of employment starting July 1, 2015; and (2) they work 90 or more days for an employer. In other words, an employee has t...

$450 Million Whistleblower Case Settles

DaVita Healthcare Partners, Inc, the nation's largest provider of dialysis clinics, has agreed to pay $450 million to resolve a whistleblower lawsuit to resolve claims that it violated the False Claims Act. The lawsuit alleged that DaVita intentionally billed the federal government for drugs that were discarded and tha...