California courts generally do not enforce non-compete agreements because the agreements can be an inappropriate restraint on trade and can impact an employee’s ability to make a living after leaving a job. California is one of two states with a broad ban on non-compete agreements, along with North Dakota. Unfortunately,…
Many employers try to misclassify employees as independent contractors in an effort to reduce costs associated with workers’ compensation insurance and other workplace benefits. This type of misclassification can have a profound negative impact on the rights of workers. Overtime pay may be unavailable, the misclassified worker will pay more…
Paid sick leave may soon become a reality in California as the Senate Labor and Industrial Relations Committee voted in favor of Assembly Bill 1522 on June 12. The bill is called the “Healthy Workplace, Healthy Families Act.” Under the proposed legislation, anyone who is employed for at least seven…
For members of the service industry, tips can be critical to fair compensation. Even if an employee is already paid minimum wage, he or she still has the right to collect tips and to take action against an employer that tries to take control or confiscate tip income. In a…
Sexual harassment is a widespread problem in a range of employment settings, but it can also take place in the university. State and federal laws protect victims of sexual harassment and institutions can be held accountable for failing to take action. According to CNN, federal investigators have been scrutinizing 55…
As baby boomers approach their retirement years, and a significant number of workers enter middle-age, an increasing amount of age discrimination cases have been cropping up in California and nationwide. In a recent case against the San Francisco police department, the Ninth Circuit has ruled that a class of over-40…
Employers are responsible for counteracting sexual harassment in the workplace through preventative measures and disciplinary policies. In the event that harassment creates a hostile work environment, employers can be held liable. In a recent California case, a Catholic School teacher is bringing a lawsuit against a school alleging that students…
In violation of state labor regulations, Rite-Aid is facing a class-action lawsuit for failing to provide its cashiers with seats. Though the trial court initially decertified the class of employees, the Fourth District Court of Appeal has reopened the case, reversing the previous decertification erroneous for considering merits of claim…
Age discrimination is illegal in the workplace, but still impacts a significant portion of the labor force. New research shows that individuals who suffer from age discrimination may be at risk of more than just their employment status. According to a study conducted by the Florida State College of Medicine,…
Employment legal disputes can often invoke a class-action if there is more than one plaintiff injured by similar facts and circumstances. Employees who have suffered from discriminatory practices or policies will often take collective legal action against their employer. This is common in the event of wage and hour disputes.…