What can employers expect next in terms of COVID legislation and oversight? Since President Biden took office, he has signed a number of Executive Orders relating to COVID-19 as well as a detailed, if not ambitious, 200-page National Strategy For The COVID-19 Response and Pandemic Preparedness (the “Plan”). The purpose of [...]
2020 was a year for the books and as a result, there are several new laws that require employers of all sizes to update their employee handbook. If your company has not updated its employee handbook to address these new laws, you will want an experienced business lawyer to review your [...]
As we have discussed in previous posts, the 2020 Families First Coronavirus Response Act (FFCRA) was drafted to provide temporary paid leave benefits due to COVID-19. The benefits extended to employees of U.S. employers with less than 500 employees. While the FFCRA leave benefits expired under the original statute on December [...]
Several new laws went into effect at the start of this year, several of which have a substantial impact on California businesses. These laws range from Covid-19 policies, minimum wage increases, to expanded leave benefits. Continue reading for highlights of the new laws, effective January 1, 2021. Notification of Potential Covid-19 [...]
When companies put their financial interests over employee rights, issues can arise. One common issue relates to bonus and commission earners. As a California employee, you have the right to be paid what you have earned and there are several California laws that protect against the unlawful withholding of bonuses and [...]
Over the last year, we have talked extensively about AB 5 and its effect on businesses and workers across California. To recap, AB 5 codified the Dynamex court decision and made the ABC Test for classifying workers as independent contractors the law in California. Many independent contractors were negatively affected by [...]
Over the last six months, many people have found themselves without work, and for a number of these workers, their unemployment status is not welcome. During the coronavius pandemic, many businesses have had to quickly cut costs and sometimes, this includes terminating hardworking men and women. While California is an at-will [...]
As counties are taken off the COVID-19 watch list and state and local governments slowly permit employees to return to work, California employers need to be prepared to protect both themselves and their employees against a myriad of issues relating to COVID-19. In our current climate of uncertainty, those issues can [...]
In another update to the AB5 independent contractor litigation, the California Labor Commissioner’s Office has recently filed lawsuits against transportation companies Uber and Lyft for committing wage theft by misclassifying employees as independent contractors. The lawsuits allege that by misclassifying workers, Uber and Lyft failed to meet their obligations as employers [...]
The misclassification of workers as independent contractors is a serious and persistent problem nationwide, and certainly in California. A study by the U.S. Department of Labor found that between 10% - 30% of audited employers misclassified workers and that up to 95% of workers who claimed they were misclassified as independent [...]
Because the Plaintiff has asserted these issues on a class-wide basis, they’re trying to multiply the small amount that could be owed to [employee] by the number of other employees which could result in much greater liability.
On November 5, 2019, Webb Law Group attorneys Lenden F. Webb, Brooke B. Nevels, and Christopher E. Nichols presented at the National Business Institute Seminar on Human Resources Law held in San Diego, California. Webb Law Group attorneys lectured on wage and benefit issues that are commonly experienced by California employees and employers.
Without that case number, without the lawsuit, without a filled complaint, you have nothing more than a breach of another agreement.
According to California’s Labor Code § 558.1, an employing organization's managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it's true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.
On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination. Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.
On April 30, 2018, the California Supreme Court issued a decision on the Dynamex Operations West, Inc. v. Superior Court of Los Angeles case. On that day, the California Supreme Court reinterpreted and rejected the long-standing “Borello” test. This decision was made in order to grant workers greater rights and to encourage a more worker-friendly labor standard.
PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. In essence, PAGA deputizes citizens and allows them to pursue penalties against employers on the government’s behalf. It is another avenue for current or former employees to take against an employer for violating CA employment law and offers certain benefits.
In April of this year, the California Supreme Court gave a ruling that made it more challenging for employers to classify employees as independent contractors. If you heard about this ruling, you also probably heard about its potential implications for big companies that revolve around independent contractors like Uber and Lyft. [...]
In the case of Jeanette Ortiz, a general manager for Chipotle Mexican Grill in Fresno, her wrongful termination lawsuit awarded her nearly $8 million dollars in damages. What started out as a termination under the pretense of theft of only $626 dollars in cash from the restaurant safe ballooned into a $7.97 million lawsuit.
Webb Law group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach this Class Action wage and labor dispute within the context of this real case. We will provide a segue from legal problem to the [...]
Webb Law group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a wage and hour dispute within the context of this real case. We will provide a segue from legal problem to [...]
For information about the Ackerman v Chico’s lawsuit, please visit and view the documents available at the Los Angeles County Superior Court at the following link: "https://www.lacourt.org" using case number BC586078
Knowledge of employment law in California can be particularly beneficial in situations involving hour and wage disputes. Most California workers are aware of the basics.
You've worked hard your entire life with this day often in the back of your mind: the day you can put all that hard work into a long, enjoyable retirement. You've been a valuable employee to your company. You've done all the right things and this time is yours to enjoy. [...]
Having a job where you don't feel valued or properly compensated can certainly be a bad thing. It can get ugly, however, when you're actually not paid in accordance with the terms in your employment contract and/or state law.
An employment agreement is a legal agreement documented in writing between an employer and their employee that creates a contract between them and explains the terms of employment. An employment contract may include any of the following: Contact information, including the names, phone numbers, emails, and/or other identifying information of all [...]
Non-compete agreements are almost always found to be unenforceable in California, with only a small list of very specific exceptions listed in the statute. A notable exception is that non-compete agreements are enforceable against former owners of a company who agree to such a clause with reasonable limitations in time and geographic scope.
Labor Laws can often be confusing and difficult to understand, that is why it is extremely important that you are aware of your rights as an employee. Laws can vary from state to state; however, in the state of California, the laws are written quite specifically. If you believe you may [...]
Trade secrets are sometimes more valuable to a company than even a large sum of money. How a company does business, from its manufacturing processes to its client lists, is valuable information that could cost a company dearly if revealed. If a secret formula or manufacturing process for a product is [...]
Covenants not to compete, also known as non-compete clauses, are very common and popular additions to employment contracts. These clauses are written by the employer in order to prevent former employees from either working for or starting a similar company in a comparable field. The concept is protection from former employees [...]
Business law varies based on state. Whether you are a current employee or potential job seeker, or you manage a business of your own, you should be aware of the laws of your state. This is important not only in ensuring that you are being treated fairly if you are an [...]
Employment law varies based on state, with each state having its own unique set of laws that apply to its employers that employees would be empowered to familiarize themselves with. Surprisingly, while employment is clearly one of the most important and common things an individual will be involved with, there are [...]
There are many laws governing the hiring of employees, from the questions an employer is allowed to ask, to how job placement ads must be worded. While there are many ways to hire a new employee, there are also many ways to get into trouble when doing so. Here are five [...]
Are Employers Violating Applicants’ Fair Credit Reporting Act Rights When They Obtain An Applicants Consumer Report?
When you applied for your job how many forms did you sign? Often times employers force applicants to sign a multitude of forms that allow employers access to an employee's personal and private information.
For employers, an employee handbook can provide employers with an extra layer of protection if sued by a disgruntled employee. A well drafted employee handbook can be used as evidence of the standard policies governing conduct within the company on many key issues such as length of employment, anti-harassment policies, compensation [...]
The United States Department of Agriculture, through the Perishable Agricultural Commodities Act (PACA), assists individuals and entities in the produce industry by ensuring fair trade practices with respect to the buying and selling of fruits and vegetables. Specifically, PACA assists by facilitating the mediation and/or arbitration of claims, as well as [...]
Documents to be Completed to Obtain a Temporary and/or Permanent Restraining Order To obtain a Temporary Restraining Order and/or a Permanent Restraining Order, you will need to fill out legal documents informing the Court of the circumstances which have given rise to your need for protection and/or immediate relief.
Although sexual harassment can carry severe legal consequences it is still a serious problem in workplaces across the United States. We understand how difficult it can be to cope with such a situation.
Racial Discrimination 101: San Diego Employment Attorney Notes that Discrimination Comes in Different Shades
Employers and employees alike should know that racial discrimination is prohibited both under state law and federal law. Hence, if an employee feels that if he is being treated unfairly because of his race, then he should talk to an employment attorney.
To file or not to file. That may be the question in the minds of victims of sexual harassment in California. The victim may have to gather evidence quickly and (with sufficient evidence) file a case against the offending party. Time is an important factor here. In California, an individual is [...]
Both employers and employees have to grapple with constantly changing labor laws on the federal and state levels. If you've been mistreated or let go from your job without a satisfactory explanation, a one-man crusade against a powerful and influential corporation can only go so far. Meanwhile, even if all employment in California is considered “at-will” (unless otherwise stated), employers still need to tread carefully when terminating employees.
“You’re fired!” These words can be very devastating to an employee. When an employee is terminated from his job, he suddenly loses a regular source of income. In California, under the “at will” doctrine, an employer may terminate an employee for whatever reason as long as that reason is not unlawful. [...]
Pregnancy is a joyful time in a woman’s life when she prepares for the birth of her new child. It is also a time when she takes time off from work as her pregnancy progresses, and also when it comes time to bond with her new-born baby. If the woman is [...]
As a law firm which specializes in Employment law matters in the city of San Diego, this is a question we come across often. California is one state which does not mandate employers to give their employees paid vacation. However, if a company chooses to provide its employees with vacation, then [...]
The Attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a Class Action Complaint Against General Atomics for Alleged Wage & Hour Violations
On March 19, 2013, the employment attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against General Atomics for alleged wage and hour violations. Gray v. General Atomics, Case No. 37-2013-00040131-CU-BT-CTL, is currently pending in the San Diego County Superior Court for the State [...]
Being a business owner in California can be a frustrating experience at times. Not only do you have to worry about keeping your day-to-day operations running smoothly, but you also need to ensure that you are complying with each and every employee-friendly labor law California has to offer. Sadly, many business owners learn the hard way exactly what type of protections California employees are entitled to. No matter how big or small your business is, you could likely benefit from an employee handbook that clearly and concisely lays out your employment policies and practices.
You have just been dismissed from your work effective immediately. You will be unemployed the next day and you have a family to support. Would you consider suing your employer in court? You may want to see an employment attorney in San Diego before you do.
Many employers consider covenants not to compete in employment agreements essential to protecting their confidential information, their companies, and their top employees from former employees whose departures raise the threat of unfair competition.
Employment in California is presumed to be “at will” unless otherwise agreed upon between the employer and employee. “At will” employment means that an employer can terminate the employee for any justifiable reason – or even no reason at all. The same is true for an employee.