Workplace Sexual Harassment

WHAT IS SEXUAL HARASSMENT? Sexual harassment can rear its ugly head from several perspectives, ranging from full-on rape to psychological workplace harassment. We have dealt with both ends of this spectrum and can help. The key to having a solid case is having someone who can act as a witness to what is taking place […]

Meal Periods

The relevant California Wage Orders mandate that employers must provide: A first 30-minute unpaid meal period beginning within five (5) hours from the start of the work shift. A second 30-minute unpaid meal period if more than 10 hours are worked in a day. See IWC Wage Order 11090; Cal. Lab. Code § 512(a); see […]

Electronic Time Rounding

If an employer can capture the exact amount of time an employee has worked during a shift, the employer must pay for all time worked, even if it uses a purportedly ‘neutral’ rounding system. Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638, 660 (2022) (review granted Feb. 1, 2023); see also Troester v. Starbucks […]

Federal Family Medical Leave Act

The Family Medical Leave Act (FMLA) entitles eligible employees to twelve (12) weeks of unpaid, job-protected leave for certain personal and family medical reasons. The FMLA states that it is: “Unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right.” Employer Interference Under FMLA Includes: […]

California Family Rights Act

IS A FORMAL LEAVE REQUEST BY THE EMPLOYEE NECESSARY? The California Family Rights Act (CFRA) grants eligible employees the right to unpaid, job-protected leave for certain family and medical reasons. A common question is whether an employee must formally request CFRA leave to receive its protections. What Employees and Employers Need to Know Employees do […]

Meal Break Waivers & Premium Pay

California law requires periodic paid rest periods and meal breaks for non-exempt workers. Under California Industrial Welfare Commission (IWC) Wage Order 11090, employers must provide: 10 minutes of paid rest time for every four (4) hours worked (or a major fraction thereof). A first 30-minute unpaid meal period beginning within five (5) hours from the […]

Dynamex ABC Test

MISCLASSIFICATION UNDER THE ABC TEST In Dynamex Operations W. v. Superior Court, the California Supreme Court addressed the long-standing issue of whether a worker in California is classified as an employee or an independent contractor. 4 Cal.5th 903 (2018). In its ruling, the Court established the “ABC Test,” a balancing test used to determine a […]

The Borello Test

WHAT IS THE BORELLO TEST? In S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations, the California Supreme Court established a series of factors, known as the Borello test, to determine whether a California worker is an employee or an independent contractor. 48 Cal.3d 341 (1989). The test relies on the following factors to […]

Workplace Sexual Harassment Attorney for Employers

SEXUAL HARASSMENT DEFINED The United States Equal Employment Opportunity Commission (EEOC) defines workplace sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” In California, workplace sexual harassment also includes verbal, physical, and visual harassment, as well as unwanted sexual advances. See Cal. Code Regs., […]