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November 2017 Archives

The Limits of an At-Will Termination

The Limits of an At-Will Termination.jpgCalifornia Labor Code Section 2922 states that "An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month." Most employees in California are considered "at will" employees, meaning that employment can be terminated, or the employee can quit, at any time without cause. Despite that this concept sounds simple, there are times when an at will termination is improper and state and federal laws that protect employees from improper termination.

Can Employers Drug Test Employees?

Can Employers Drug Test Employees.jpgThe fourteenth amendment of the U.S. Constitution protects the privacy of Americans against unreasonable searches and seizures unless there is probable cause to do so. Drug testing in the workplace tests the balance of an individual's right to personal property versus the right of an employer to operate a safe, drug-free workplace.

What Makes a Hostile Work Environment?

What Makes a Hostile Work Environment.jpgHarassment in the work place makes an employee miserable. Not only is it wrong, but it can have serious mental health repercussions and also result in ineffective or poor work. It can also be unlawful. This is especially true if you can demonstrate that your employer has allowed you to work in a "hostile work environment."

Pregnancy Disability Leave (PDL)

Pregnancy Disability Leave (PDL).jpgIn the past several years, information collected by the Center for Disease Control and the U.S. Census have demonstrated a trend that women are increasingly waiting longer to have their first child. One of the reasons for this is for the sake of working and career advancement. But prolonging the decision to have children is not without risks. In fact, having a baby past the age of thirty-five is associated with a greater chance of complications, such as gestational diabetes, preeclampsia, blood clots, and intrauterine growth restriction (IUGR).

Do You Qualify for Bonding Leave?

Do You Qualify for Bonding Leave.jpgThere are few experiences that compare to bringing a child into the world, or meeting an adoptive child for the first time. It is exciting, exhausting, scary, and heart-warming, all at the same time. Further, those first several months of that new relationship are so important, not just for the ever-lasting memories, but because of the indisputable emotional and health benefits that one-on-one time with your new child provide. That is why it is so important for new parents to be able to take leave from work to focus on a new child. It is in the best interest of children to bond with their parents, and it makes parents happier and emotionally healthier to be able to focus on their new child instead of on work.

Are Insurance Adjusters Exempt Employees?

Are Insurance Adjusters Exempt Employees.jpgRecently, Hurricanes Harvey and Irma wreaked havoc on Texas, the Caribbean Islands, and Florida. In addition to the devastating loss of lives, many people were left rebuilding, having suffered damage to total loss of their cars, their homes, and their businesses. Mass events like these serve as a startling reminder that accidents and disasters can hit us at any time, and just how important it is that insurance companies fulfill their obligations to their customers in a prompt and fair manner.

An Overview of The Rights of Pregnant Employees

An Overview of The Rights of Pregnant Employees.jpgLearning that you're pregnant is exciting, life-altering news. It can also be time of great anxiety, especially if you are working and want to continue to work. There's some good news and some bad news. The good news is that state and federal laws offer numerous protections for pregnant employees and employees who have recently given birth. The bad news is that many employees are unaware of their legal rights and some employers will take full advantage of this. That is why if you are pregnant and feel like your employer is making improper decisions about you, you should speak with an attorney. Before you make that call, we want you to be generally aware of the rights of pregnant employees in California.

How Labor Laws Treat Bonuses in California

How Labor Laws Treat Bonuses in California.jpgYou work hard for your bonus. You keep track of every performance measure that your employer sets for you and you do your best to hit those marks. You do so relying on that promised bonus. So what happens if you are not paid your bonus, or it doesn't come when it is supposed to? Do you simply throw up your hands because it was "extra" money? To answer that question, it is important to understand how California labor laws treat bonuses.

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