The LGBT community has significant protections in the state of California compared to workers in many other jurisdictions. While California law offers protection against discrimination to the LGBT employees, additional protections may become available since President Barack Obama announced a decision to pass a federal executive order. Under the new…
Orange County Employment Lawyers Blog
American Apparel CEO Fired After Nine Sexual Harassment Lawsuits
The CEO of international retailer American Apparel has long been the subject of controversy. While he has been a champion of U.S. manufacturing to support immigrant works, he has also been the target of at least nine sexual harassment lawsuits. Allegations range from pressuring models into sexual activities to walking…
Teacher Tenure Track Ruled Unconstitutional in CA
Students who filed a lawsuit against the State of California’s tenure for teachers laws succeeded in their case when a Los Angeles Superior Court Judge ruled in their favor. The lawsuit challenged the idea that tenure for teachers deprived students of a fair education. The main argument of the case,…
FMLA Coverage for Same Sex California Couples
Because California recognizes gay marriage, the protections of the Family and Medical Leave Act apply to same sex partners. This is not currently the rule throughout the United States, but it may become official policy soon if a new proposed definition goes into effect. The change to the FMLA policy would come…
Age Discrimination in Tech Job Postings
California’s tech industry continues to grow, attracting foreign workers, recent college grads, and professionals around the country. When scrolling through tech job postings, you may commonly read candidate descriptions that specify a preference for “recent college graduates” or “new graduates.” While the requests may seem to benignly target entry level…
California Employees Need to Know What is in Employment Contracts
California courts generally do not enforce non-compete agreements because the agreements can be an inappropriate restraint on trade and can impact an employee’s ability to make a living after leaving a job. California is one of two states with a broad ban on non-compete agreements, along with North Dakota. Unfortunately,…
California Employees Misclassified as Independent Contractors
Many employers try to misclassify employees as independent contractors in an effort to reduce costs associated with workers’ compensation insurance and other workplace benefits. This type of misclassification can have a profound negative impact on the rights of workers. Overtime pay may be unavailable, the misclassified worker will pay more…
The Fight for Paid Sick Leave for California Workers
Paid sick leave may soon become a reality in California as the Senate Labor and Industrial Relations Committee voted in favor of Assembly Bill 1522 on June 12. The bill is called the “Healthy Workplace, Healthy Families Act.” Under the proposed legislation, anyone who is employed for at least seven…
Whole Foods Employees Wage Class Action for Confiscated Tips
For members of the service industry, tips can be critical to fair compensation. Even if an employee is already paid minimum wage, he or she still has the right to collect tips and to take action against an employer that tries to take control or confiscate tip income. In a…
Colleges Under Investigation for Mishandling Sexual Harassment
Sexual harassment is a widespread problem in a range of employment settings, but it can also take place in the university. State and federal laws protect victims of sexual harassment and institutions can be held accountable for failing to take action. According to CNN, federal investigators have been scrutinizing 55…