In 2015, California passed a new Paid Sick Leave law, effective July 2015, that required anyone who worked for an employer for at least 30 days in a year in California (after satisfying a 90-day employment period) is allowed to take sick leave. The law is applicable to all workers…
Orange County Employment Lawyers Blog
Wrongful Termination Plaintiffs Must Prove Firing Was Pretextual
In the context of employment law, a pretext is basically a false reason given for an adverse employment action, such as a demotion, loss of benefits or wrongful termination. For example, perhaps your employer tells you that you are being fired due to budget cuts, but in reality, you’re being…
ADA Requires Workers Be Able to Perform Essential Job Functions
The Americans With Disabilities Act requires that workers or applicants not be discriminated against on the basis of a disability, so long as the worker is able to perform the essential functions of the job with reasonable modifications. This is not a blanket requirement that companies accept all workers with…
EEOC: LGBT Discrimination Charges on the Uptick
Over the last four years, the number of gender-based discrimination charges filed by individuals for violation of LGBT rights has increased substantially. That’s according to the U.S. Equal Employment Opportunity Commission (EEOC), which just released a new report on the issue. The data shows that in fiscal year 2016, the…
HIV Discrimination Lawsuit Filed by Feds in NYC
A complaint of HIV discrimination lodged by a man in Brooklyn, N.Y. who alleged he was denied an opportunity at a city job because of his HIV-positive status, recently received a credible boost when the U.S. attorney in Manhattan took up the cause. The federal government is now suing New…
Boss Comment on FMLA Leave Supports Discrimination Claim
FMLA, or the Family and Medical Leave Act, is a federal statute that guarantees certain employees up to 12 work-weeks worth of unpaid leave annually, without fear of losing their job. The law requires that workers covered by the law maintain worker health benefits during this time, and is intended…
Sexual Harassment Allegations Against Fox News Host Bill O’Reilly Settled
Sexual harassment claims against the former Fox News Chairman Roger Ailes ultimately cost the executive his job and resulted in a $20 million settlement with former anchor Gretchen Carlson. The allegations embroiled the company in controversy, as Greta Van Susteren, one of the longest-serving hosts, quit abruptly. Later, star Megyn Kelly,…
Pudzer, Trump’s Pick for Labor Secretary, Derided California’s Employment Laws
California has some of the best state-level worker protection laws in the country. It’s something Andrew Pudzer always opposed in his adopted state, where the Midwest lawyer moved and succeeded in building up a once-failing fast-food chain. Pudzer, President Donald Trump’s pick for Secretary of the U.S. Labor Department, was…
Sikh Doctor Alleges Job Denial Due to Religious Discrimination
Observance of some religious tenants are more visible than others, but none are legally allowed to be used as a basis upon which to deny employment or career advancement. But that’s exactly what is alleged to have happened to a Sikh doctor who alleges a medical organization denied him employment…
Women Face Employment Consequences for Reproductive Health Choices
During a recent Senate confirmation hearing to the post of Health and Human Services Secretary, Rep. Tom Price (R-Ga.), stated he did not believe companies were allowed to terminate women from their jobs for their reproductive choices. Specifically, he indicated that the right to use birth control was not something…