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.
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.
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.
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.
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 [...]
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 [...]
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.
There are times in business when a non-compete agreement is an absolute must for the sake of all involved parties, though the actual agreement itself is the subject of much misunderstanding. From what it involves to the way in which it is both produced and enforced, it’s important to understand at [...]
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 [...]
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.
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 [...]
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.
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.