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If you work in California and are not a union member, chances are that your employment is “at will.” This means that your employer can terminate your employment at any time, with or without notice, for almost any reason they see fit. The key word here is “almost.” Even if your status is “at will,” an employer cannot discriminate against or terminate you for reasons that the law specifically prohibits.
Is Your Employment “At Will?”
In California, the presumption is that your employment is “at will.” This is reflected in Cal. Labor Code Section 2922: “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.”
The default of “at will” status can be altered through a contractual agreement. Most frequently, this happens when unions negotiate collective bargaining agreements on behalf of their members. Collective bargaining agreements usually provide job protections, including by requiring progressive discipline and “just cause” to terminate an employee.
An individual employee can also enter into an employment contract for . . .
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Many employees regularly use their personal cell phones for work-related calls. Most probably don’t realize that when they do, part of their cell phone costs may become reimbursable—even if they have plans with unlimited minutes.
California’s Labor Code Section 2802(a) states that:
An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
An employer who fails to reimburse an employee for work expenses can be sued in court for reimbursement and may be required to pay the employee’s attorneys’ fees.
Recently, a California court of appeal applied Section 2802 to work-related cell phone use.
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25 Sep '14
On October 11, 2014, Ramit Mizrahi will be speaking about the year’s most important employment law cases. The panel will be part of the California Employment Lawyers Association’s 27th Annual Employment Law Conference. She will be speaking alongside Andrew H. Friedman of Helmer Friedman, LLP.
Date and time: October 11, 2014, 9:15 a.m. – 12:00 p.m.
Location: Hilton San Diego Resort & Spa, 1775 E Mission Bay Drive, San Diego, CA 92109
For event information and to register, click here.
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California just made history as the second state to require paid sick days for employees! On August 30, 2014, Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014.
Employees will get three days of sick leave (24 hours) per year
Starting July 1, 2015, employees in California who work for 30 or more days within a year will be entitled to paid sick leave. They will accrue paid sick time at a rate of one hour per 30 hours worked, to a maximum of 24 hours or 3 days per year. Employees will be permitted to use the time off beginning on the 90th day of employment.
When can paid sick leave be used?
An employee will be able to use the paid sick time for:
- The employee’s own care – whether for diagnosis, care, or treatment of an existing health condition or for preventive care;
- Care for the employee’s child, parent, spouse, domestic partner, grandparent, grandchild, or sibling – whether for an existing health condition or for preventive care; and
- Certain uses by an employee who is a victim of domestic violence, sexual assault, or stalking.
Logistics of Using Paid Sick Leave
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12 Aug '14
On August 22, 2014, Ramit Mizrahi will be speaking about pre-litigation case investigations and considerations in preparing complaints. She will be speaking alongside Cameron Fox of Paul Hastings LLP. The program will be part of a Bridgeport continuing education event titled Litigating Discrimination & Harassment Claims.
Date and time: August 22, 2014, at 9:05 a.m.
Location: Millennium Biltmore Hotel, 506 S Grand Ave, Los Angeles, CA 90071
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On July 14, 2014, Ramit Mizrahi will be speaking about pregnancy rights and accommodations at the Orange County Bar Association Labor and Employment Section meeting. She will be speaking alongside Nancy Inesta, partner at Baker & Hostetler LLP.
Here are the details:
Pregnancy and Beyond: Understanding Workplace Accommodation, Leave, and Lactation Rights
Description: Multiple laws and regulations protect pregnant women and new mothers in the workplace. Recent regulations and cases have further clarified and expanded upon employers’ obligations to provide accommodations and protections. This panel will cover the most frequent issues that arise in the workplace from early pregnancy through the postpartum period. The panel will address requests for accommodations and transfers both during pregnancy and in the post-postpartum period; pregnancy, childbirth, and baby-bonding leave coverage; understanding job-protected leave vs. paid leave via the EDD; and lactation-related accommodations.
Date and time: July 14, 2014, 12 p.m.
Location: Radisson Hotel, 4545 MacArthur Blvd., Newport Beach, CA 92660
To register . . . .
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Happy tenth birthday to California’s Paid Family Leave Law! Paid Family Leave (PFL) first went into effect ten years ago today on July 1, 2004. For the past decade, most California workers have been entitled to paid leave when they take time off of work to care for a seriously ill parent, spouse, or child. Coverage was also expanded to cover care for a domestic partner. In addition, parents are entitled to paid leave to bond with a new baby during that first year or to connect with an adopted or foster child.
With paid family leave, California workers don’t have to choose between caring for a sick loved one and making ends meet. PFL provides for up to six weeks of wage replacement at about 55% of your pay, up to $1067 per week-through California’s Employment Development Department (EDD).
Today is a special day for PFLL for a second reason: the law, thanks to the passage of SB 770 last year, now provides you with paid leave if you take time off to care for . . . .
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In California, we are fortunate to have a state minimum wage that is higher than the federal minimum wage of $7.25 an hour. California’s minimum wage applies to nearly all workers in the State, with limited exceptions. On July 1, 2014, California’s minimum wage will increase to $9.00 an hour. It will increase again to $10 an hour on January 1, 2016.
I have written before about how important it is to . . .
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Can your employer stop you from going to work for a competitor? In California, the answer is probably no.
What Are Non-Compete Agreements?
When an employee starts a new job, he is usually presented with a flurry of paperwork to fill out and sign. Usually, the employee has little time to read everything–and doesn’t. One of the things that is often buried among the other documents is an agreement that the employee won’t later compete with the employer. Such a document, often called a “non-compete agreement” or “covenant not to compete,” seeks a promise from the employee that he won’t later go work for a competitor or start his own business in the same area. Employees often sign these agreements without realizing the devastating impact that they can have. . . .
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09 May '14
Employers often offer severance payments to employees who are terminated or laid off. The payments usually come with strings attached; mainly, that employees must give up all rights to sue the employer for any claims that they may have. Employees may be required to sign lengthy severance agreements with complicated terms and conditions to receive their payment.
If you are provided with a severance agreement, you must think carefully before signing it. You are well-advised to consult with an experienced employment lawyer to help make an informed decision. A lawyer can help you understand the legal rights you are giving up. They can explain [ . . . ]
