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    What is “At-Will” Employment?

    March 27, 2015

     While most employees may know that California law follows “at-will” employment, they may not know exactly what that means for them and their job security. Generally speaking, at-will employment means that either you or your employer can terminate the employment at any time and for any reason. This means that your boss may decide to fire you on a whim simply because she did not like your outfit or was in a terrible mood that day. Similarly, you may quit your job and walk out with little to no legal consequences whenever you feel like it.

     

    Like most rules, however, there are exceptions, and not...

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    New Employment Laws in California for 2015 (Part One)

    January 31, 2015

    In 2014, the California legislature passed numerous laws related to employment, most of which went into effect on January 1, 2015. Both employees and employers should be aware of their rights and responsibilities under these new laws. The following is a brief overview of some of the important changes in California employment laws for 2015.

     

    Paid sick leave

     

    Under the Healthy Workplaces, Healthy Families Act of 2014, any employer in the state must provide paid sick leave to employees who have worked at least 30 days. Employees have the right to accrue sick time at a minimum rate of one paid hour...

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    Latest Supreme Court Decision Affects Employees

    July 2, 2014

    The Internet was abuzz on Monday, June 30, 2014, with news of the latest decision to come from the Supreme Court of the United States (SCOTUS). The Court ruled on Burwell v. Hobby Lobby, a case that challenged certain requirements for employers under the Affordable Care Act. The Affordable Care Act (ACA) required that all employers must provide insurance packages that cover basic preventative health care for employees, which includes contraception for women.

     

    Two corporations, nationwide craft store Hobby Lobby and Pennsylvania company Conestoga Wood Specialties Corp., challenged the requiremen...

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    DOL to Cover Same-Sex Spouses Under FMLA

    June 26, 2014

    In June of 2013, the Supreme Court of the United States made a historic decision in United States v. Windsor that invalidated the clause of the Defense of Marriage Act (DOMA) that defined marriage as a legal union between two members of the opposite sex. Though the federal government’s recognition of same-sex marriage was a huge milestone, the administration acknowledged that all of the applicable changes to federal programs and policies would take months, if not years, to implement. Specifically, the Department of Justice (DOJ) has been going through the literal thousands of federal laws that...

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    Obama’s Executive Order Regarding LGBT Employees

    June 18, 2014

    On June 16, 2014, White House officials announced President Obama’s intentions to draft an executive order banning discrimination against all employees of federal contractors and subcontractors on the basis of gender identity or sexual orientation. While LGBT employees in California are already protected by state laws against discrimination, this order would give additional rights to approximately 28 million employees across the country.

     

    ENDA at a Standstill

     

    Many people believe that Obama’s executive order is in response to the inaction Congress has taken regarding the Employment Non-Discrimin...

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    FIFA World Cup may Raise Unexpected Issues at the Workplace

    June 11, 2014

    As many employers and human resources professionals are aware, large sporting events often coincide with spikes in employee absenteeism, decreased productivity, requests for time off, and disciplinary issues. This is particularly true for events that occur on an international stage, as they are usually scheduled and televised at local times, which may or may not occur during traditional work hours in the United States. As a result, employees may be tempted to take time off or stream these events at their desks. Even when the games or matches occur in American prime time, employees may come in...

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    Students: It’s Time for Summer! (And Unpaid Internship Concerns)

    May 23, 2014

    As the school year comes to a close, many college and graduate students are heading home for a leisurely summer, planning vacations, or working summer jobs. A significant number of students, however, plan to spend their summers gaining experience in their relevant field and building their resume through internships. Due to the dearth of paid internships in this economy, many students have likely accepted to participate in unpaid internships, hoping the educational gain and training will be worth receiving no pay for the summer.

     

    Unfortunately, as we have previously discussed on this blog, unpai...

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    First Gay NFL Player May Influence Employment Law

    May 20, 2014

    In the 2014 draft of the National Football League (NFL), the St. Louis Rams made history by drafting the first openly gay athlete into the league. Michael Sam is a defensive end who won the SEC defensive player of the year award following his impressive performance at the University of Missouri. Sam publicly announced that he is gay in February of this year, causing people to wonder whether his sexuality would prevent him from being drafted on the professional level. Now, if Sam continues to impress in training camp, he may well earn a spot on the Rams roster, which could surprisingly help sha...

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    Medical Residents: Caught in the Middle

    May 6, 2014

    A medical resident, or resident physician, is a person who has graduated from medical school and is receiving more specialized, hands-on medical training in a hospital or other medical office. Residency usually lasts for three years, during which medical residents work notoriously long hours—sometimes up to 80 hours per week. Though residents put in long hours of work with patients, they often have significant responsibilities, and receive wages for their work, and, under many circumstances, are still considered “in training” or to be continuing their education. Therefore, many have raised the...

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    More NFL Cheerleaders Speak Up

    April 29, 2014

    Previously on this blog, we discussed a lawsuit filed by several cheerleaders on the squad for the Oakland Raiders, known as the Raiderettes. That lawsuit alleges several different violations of state and federal labor laws, including withholding pay, failing to provide required break times, failing to pay the required minimum wage, and more. In recent weeks, cheerleaders from two more teams have come forward with lawsuits alleging similar violations.

     

    The Ben-Gals

     

    Alexa Brenneman is a member of the cheerleading squad for the Cincinnati Bengals, called the Ben-Gals. Brenneman filed a lawsuit ag...

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    Social Media Posts Can Have Employment Consequences

    September 8, 2015

    Can an Employer Check a Job Applicant’s Credit?

    September 8, 2015

    Are You in Compliance With the New California Sick Leave Law?

    July 28, 2015

    California Employees Will Receive Greater Protection From Retaliation

    July 28, 2015

    Take Legal Action in the Event of Workplace Discrimination

    June 22, 2015

    Can My Employer Monitor My Internet Activity?

    June 22, 2015

    How to Stop Harassment at Work

    June 10, 2015

    What's the Difference Between Independent Contractors (1099) and Employees?

    May 19, 2015

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