Recent Posts in Employment Law Category

  • In September 2016, Governor Jerry Brown signed off on a new and employee-friendly law -Labor Code Section 925- that will come into effect in the New Year! Specifically, the new law states that an employer “shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that provides for either or both of the following: ...
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  • Family and Medical Leave Rights in California

    || 1-Nov-2016

    The Family and Medical Leave Act (FMLA) is a federal act that all states must follow, including California. In addition to the FMLA, California has its own set of state-level rules and regulations employers must adhere to when determining who gets to use medical leave and why. Despite the broad coverage provided to most employees in the state, most California residents will admit to not ...
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  • LAX Workers Benefit from Renewed Living Wage Law

    || 31-Mar-2015

    Cesar Chavez is a legend in the American labor movement. During his lifetime, Cesar Chavez achieved countless victories on behalf of workers. Today, our firm is proud to celebrate this exemplary leader on the anniversary of his birth with an exciting case result attained for LAX workers. Businesses operating out of LAX have been required to adhere to the Living Wage Ordinance since 1997. In ...
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  • "Sexual Desire" Not Required to Prove Sexual Harassment

    || 12-Dec-2013

    Sexual harassment cases are typically brought by female employees alleging misconduct by male supervisors or co-workers. But the claims arise in other contexts—male employees harassed by female supervisors/coworkers, same-sex harassment, and claims that the hostile environment affected males and females alike. Until recently, there was some uncertainty as to whether a claim for sexual ...
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  • Top 10 Unlawful Reasons For Getting Fired

    || 1-Nov-2013

    1. It's unlawful to fire an employee because of his/her request for an accommodation due to a serious health condition. (Gov't Code § 12945.) 2. It's unlawful to fire an employee because of his/her request for a leave of absence to care for a family member with a serious health condition. (Gov't Code § 12945.) 3. It's unlawful to fire an employee for requesting or ...
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  • Preparing To Meet With An Employment Lawyer.

    || 8-Feb-2013

    Employment disputes are serious matters requiring hard work by lawyers and clients alike. Employees who pursue employment cases need to be prepared—thoroughly prepared. The preparation starts well before filing of the lawsuit and even before hiring a lawyer. The first step is to pull together pertinent records and making preliminary case charts. The following is a list of records which, if ...
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  • California Statutes of Limitations for Employment Claims

    || 22-Aug-2012

    The attorneys at Markson Pico LLP often receive calls asking about time limits within which claims must be filed in employment cases. The applicable legal time limit is known as the "statute of limitations." Not all employment claims trigger the same limitations period. The deadlines depend on the nature of the claim and a variety of other factors. The following is a short list ...
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  • Sexual Harassment In the Workplace Should Not Be Tolerated

    || 9-Aug-2012

    Kayla looked for a new job for months after being laid off as a financial analyst. When she finally got a job offer, she was ecstatic. As a single mother, she really needed to get back to work. Initially, Kayla’s new supervisor seemed pleased with the work she was doing and told her that she was doing a wonderful job. But after a few months, Kayla began to feel that there was something more ...
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  • The situation made Ryan uncomfortable. He had been working at a successful car dealership as a supervisor for almost a year and enjoyed his job. The dealership worked hard to keep its customers returning. For example, the dealership's practice was also to provide free oil changes for its customers the first year after the purchase. The idea was to make the customers happy so that that they ...
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  • Job Protection In the Wake of A Workers' Comp Claim

    || 27-Apr-2012

    These days, employers are able to pick from a seemingly endless supply of highly qualified job candidates. Sometimes those candidates may be more attractive than an employer's current employees. That fosters an atmosphere of trigger happy employers itching for an excuse to let employees go. Couple that environment with the soaring cost of workers' compensation premiums and what happens? ...
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  • What's My Sexual Harassment Case Worth?

    || 10-Mar-2012

    Victims of sexual harassment regularly contact attorneys at Markson Pico LLP and ask "what's my case worth?" Because we don't pretend to have crystal ball, there is no way to respond with certainty. But we look to history for guidance--history gleaned from past published judgments, verdicts and settlements. Here is sampling of historical trends in California: California appellate ...
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  • Commission-Only Pay Plan May Jeopardize Overtime Exemption

    || 7-Mar-2012

    It's no secret. The "great recession" over the past several years has not been kind to the automobile industry. And for car salespersons, no sales means no commissions. But the sales staff can't go unpaid. They must receive minimum monthly compensation—either base pay, a draw against future commissions, a guarantee or otherwise. Without that, the dealership jeopardizes the ...
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  • "Congratulations on the new baby! You're Fired!"

    || 24-Feb-2012

    It seems that we have recently received several client inquiries by women who have experienced unfair treatment which they believe was related to informing their employers that they were pregnant. While a pregnancy should be a joyous time in the life of any expectant mother, some employers do not view it that way. Instead of experiencing the happy glow of impending motherhood, some employers see ...
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  • Employers typically rely on Employment Practices Liability Insurance ("EPLI") policies for coverage against traditional employment-related claims, such as sexual harassment, discrimination and wrongful termination. And while many EPLI policies offer coverage that may capture wage and hour type claims, often they don't. But keep looking. The employer may carry other liability policies ...
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  • People know this is 2011, right? While an employer maintaining a dress code is certainly not unusual, one Utah Company took the idea of a dress code to an unhealthy and illegal extreme. Trudy Anderson, an employee of an Elk Grove, Utah electrical control company has accused her boss (the company's owner) of sexual harassment. Notable amongst her allegations was her employer's attempt to ...
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  • School Fires Water Polo Coach For Being Openly Gay

    || 29-Sep-2011

    Charter Oak High School fired an openly gay water polo coach, Mitch Stein, after receiving an anonymous complaint about "inappropriate" photos of Stein pulled from his Facebook page. No, these weren't photos of Stein doing anything illegal. And no, these weren't lewd or compromising photos by any means. What do these "scandalous" photos show? According to reports in ...
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  • As the song goes, "Love and marriage, love and marriage. Go together like a horse and carriage, …" In comparison, "Love and civil unions, ..." kind of falls flat. To many, next to marriage, a civil union seems like the proverbial red-headed, step sister—largely perceived as inferior and stigmatizing. No wonder so many committed, same-sex couples choose to forego ...
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  • We recently helped a client who had begun working for a Los Angeles-area restaurant essentially as an independent contractor. She acted as a consultant to the restaurant for their menu; interior design; and in other ways. This client ran her own food service business but she felt that this was a good opportunity for her. Unfortunately, while she was engaged in performing services for the ...
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  • A quick online dictionary search of the definition of "retaliate" reflects that it means "to take retributory action, especially by returning some injury or wrong in kind." We frequently receive calls from potential clients where they tell us that they were "retaliated" against at work. In many cases, they probably were considering the general use of the word ...
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  • It's true! There is some protection for your wage claims under the right circumstances. While certain administrative expenses of the bankruptcy case must be paid first by the employer "debtor," employee wage claims -- for unpaid wages or other forms of compensation such as commissions, vacation and sick leave pay—may be entitled to the highest priority treatment in most cases ...
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