Articles Posted in Employment Law

Overtime Wages
Thomas M. Lee

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than…

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Whistleblowers Are Protected
Thomas M. Lee

It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an…

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California Protects the Civil Rights of Members of the Military and Veterans
Thomas M. Lee

In California, members of the military and veterans are protected from discrimination and harassment in employment, housing, and business establishments. It is unlawful for employers, landlords, businesses of all kinds, health care providers and insurers, homeless shelters, and others to discriminate against anyone or harass them because of their military or veteran status. Under California…

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Pregnancy Disability Leave
Thomas M. Lee

The Fair Employment and Housing Act (FEHA), enforced by the California Department of Fair Employment and Housing (DFEH), contains provisions guaranteeing leave for employees disabled by pregnancy, childbirth, or a related medical condition (Pregnancy Disability Leave or PDL). All employers must provide information about PDL to their employees and post information about pregnancy leave rights…

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Transgender Rights in the Workplace
Thomas M. Lee

What Does “Transgender” Mean? Transgender is a term used to describe people whose gender identity differs from the sex they were assigned at birth. Gender expression is defined by the law to mean a “person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” Gender identity and gender…

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California Law Prohibits Workplace Discrimination & Harassment
Thomas M. Lee

The California Department of Fair Employment and Housing (DFEH) enforces laws that protect you from illegal discrimination and harassment in employment based on your actual or perceived: ANCESTRY AGE (40 and above) COLOR DISABILITY (physical, mental, HIV and AIDS) GENETIC INFORMATION GENDER IDENTITY, GENDER EXPRESSION MARITAL STATUS MEDICAL CONDITION (genetic characteristics, cancer or a record…

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Business Expense Reimbursements for Remote Workers – Internet Cost
Thomas M. Lee

Employers in California are required to compensate their workers for any expenses incurred while performing their duties. These costs include the cost of supplying a personal automobile or a cell phone for business use. Employers are increasingly demanding employees to work from home, which nearly always necessitates the employee having access to the internet. If…

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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Thomas M. Lee

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which limits the use of mandatory employment arbitration agreements. Previously, under Federal Arbitration Act, employers could require employees to submit most claims against their employers to arbitration by using a valid arbitration agreement. Before signing…

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