In 2023, discrimination in the workplace is rarely overt. On the one hand, it is encouraging that more and more employers have recognized their obligation to be fair and equitable and take action when faced with complaints alleging discrimination. On the other hand, the more subtle forms of discrimination can […]
Category: Employment Law
While perhaps not as common as it once was, many employers still subject their applicants and employees to drug testing. In certain cases, there may be valid concerns over public safety, while in other cases, drug testing may be used for discriminatory or unfair purposes. Whether you are being asked […]
It is well known that workers who have criminal histories have a difficult time finding employment. In past years, they were obligated to disclose any prior convictions as part of their job application. Consequently, they would be passed over for the job – they may not even get an interview. […]
One of the most fundamental aspects of the employer-employee relationship is that the employee should be fairly compensated for their work. While employers have some discretion over what they choose to pay their employees, there are federal and California state laws that govern what and when employees must be paid. […]
Whether you negotiated your employment contract or you simply signed an agreement when you were hired, your contract can come back to haunt you when you try to move on to your next opportunity. Non-compete and non-solicitation clauses are two of the most common unpleasant surprises that employees encounter. And […]
Harassment in the workplace consists of unwanted behavior directed at you because of a protected characteristic such as your religion, ethnicity, or gender. Isolated incidents do not qualify as harassment. Instead, it must be repeated or ongoing and pervasive, and the conduct must be offensive, abusive, intimidating, or hostile. Here […]
It is widely known that discrimination in the workplace or connected to your employment in any way is illegal. What many people do not realize, unfortunately, is that not all employers are covered by either federal or California state anti-discrimination laws. The reasons why these discrimination laws do not apply […]
Both federal law and the California Fair Employment and Housing Act prohibit employment-based discrimination. This can include discrimination in the hiring process as well as discrimination in the workplace. If your employer engages in discrimination, they can be held liable – there are a wide variety of remedies you can […]
It is illegal for employers to discriminate against workers on the basis of a mental or physical disability under both federal and California state law. This can be confusing because some disabilities may make certain jobs impossible for some workers. In other situations, an employer may be required to provide […]
Too many people think that signing their employment contract is just a formality. They rely on their employer to tender a contract that is fair and easy to understand. These assumptions, however, can lead to some rather unfortunate situations. Your employment contract is a critical document that serves many important […]