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Articles Posted in Orange County Employment attorney

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When Can I Sue for Wrongful Termination in California?

Wrongful termination in California is a situation wherein a worker is laid off or fired for a reason that violates state or federal law or public policy. As our Orange County employment attorneys can explain, most wrongful terminations stem from firing that resulted from: Violation of an implied contract. Whistleblower…

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COVID-19 Raises California Wage and Hour Law Questions

The COVID-19 pandemic has raised a host of questions for employees and employers about what the wage and hour rules are for things like paid sick leave, reporting time pay, predictive scheduling and reimbursement for reasonable business expenditures. The pandemic has left the California and U.S. economies in a free…

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California Courts Nix Non-Solicitation Clauses in Employment Agreements

Non-solicitation clauses in California employment agreements have been deemed illegal in California per two recent court decisions. This includes out-of-state employers with California employees. Orange County employment attorneys are encouraging companies to review their employment agreements and consider removing non-solicitation clauses that may be in conflict with state law.  Non-solicitation…

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California Cashiers Stand to Collect $65M For Employer’s Refusal of Seat

Their employer wouldn’t let them sit down. So the employees stood up to them – in court.  Walmart Inc. has agreed to pay $65 million to approximately 100,000 California cashiers – current and former – who allege the company broke the law in denying them a place to sit during…

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Construction Company Mandates Bible Study Attendance for Workers

A construction worker in Oregon has filed an employment lawsuit alleging religious discrimination and retaliation after he was fired for refusing to attend a mandatory weekly Christian Bible study. The 34-year-old Native American said he expressed to his boss/ the business owner discomfort about going to the Bible study and…

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Twitter Takes On Gender Bias Employment Lawsuit in California

Much has been written about the lack of gender diversity in Silicon Valley. The problem has even birthed a few California employment lawsuits, with varied results. Most notable among those was the case of Ellen Pao, a junior partner, against her former employer and powerhouse venture capital firm, Kleiner Perkins Caufield…

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California Employment Lawsuit Over Lyft Drivers Settled

A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise.  Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to…

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Allen v. Chicago – Overtime Pay for Smartphone Use After-Hours

Many workers in this digital age are familiar with the pings and rings of their smartphones, alerting them to work-related issues after work hours. Most assume it’s simply a part of the job, and few file for overtime compensation related to these expected duties. But that may change, depending on…

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Wages v. Stuart Mgmt. – 8th Circuit Weighs Pregnancy Discrimination Claim

In California, employers must provide up to four months of disability leave for workers who are disabled due to pregnancy, childbirth or some related medical condition. This time doesn’t have to be taken all at once, nor does it apply solely to full-time workers. A woman need not be totally…

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Nikmanesh v. Wal-Mart – Pharmacists File California Labor Lawsuit

A California labor lawsuit has been filed by a former Wal-Mart pharmacist on behalf of all pharmacists working for the retailer, alleging missed breaks and unpaid overtime. Plaintiff in Nikmanesh v. Wal-Mart worked for the company for more than a decade, from 2003 through 2014. He alleges that in addition…

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