Articles
Leave of Absence as a Reasonable Accommodation
Definite or Indefinite Leave of Absence as a Reasonable Accommodation A common question a California employer faces is for how long to provide an unpaid leave of absence as a reasonable accommodation to a disabled [...]
Wrongful Termination – When does a Termination Qualify as Wrongful?
One of the most frustrating and perhaps bewildering moments in any employee’s career is finding out that your employer is ending the employment relationship. After the initial shock, questioning, bargaining, accusations, and maybe a moment [...]
Independent Contractor or Employee?
A recent New York Times article discussing government crackdown on employers who misclassify employees as independent contractors opened a small window on a very big issue for California workers. One report notes that California’s employers [...]
What Does “Interactive Process” Really Mean?
A common problem that arises in disability discrimination cases is the extent to which the employer engaged in the “interactive process” with an employee to determine a reasonable accommodation for the employee’s disability. Under California’s [...]
What is an Undue Hardship When Considering a Reasonable Accommodation for an Employee’s Disability?
A concept in workplace disability accommodation situations is the idea of “undue hardship” which an employer asserts to avoid having to provide a reasonable accommodation for a disabled employee. California’s Fair Employment & Housing Act [...]
Covenants Not to Compete Are Only Enforceable to Protect Trade Secrets
A recent California court decision has narrowed the scope of enforceable “covenants not to compete.” California, unlike many other states, severely limits the ability of an employer to prevent former employees from taking a position [...]
San Francisco Employees Entitled to Sick Leave Pay
Beginning February 5, 2007, all employees who work within the San Francisco city limits are entitled to one hour of sick leave for every 30 hours worked. The sick leave may be used to care [...]
The “Administrative” Exemption for California Employees
In prior articles, I discussed the “professional“ and “executive“ exemptions to California’s wage and hour laws, and this article will focus on the “administrative” exemption. In general, exempt employees are not entitled to overtime pay, [...]
Severance Agreements and Release of Claims – What Can or Should You “Give Up”?
In a prior article, we discussed some concerns that employees may have with collecting unemployment benefits after receiving a severance offer. In this article, we will focus on the types of claims that may be [...]
Severance Agreements and Release of Age Discrimination Claims
When an employer offers a dismissed employee a severance agreement, the payment of money, continued benefits or some other consideration is almost always conditioned on the employee “giving up” certain rights. The release or waiver [...]
