Author Archive
So You Want To Be A Lawyer
Television and movies often depict the career of an attorney as one of a hero that goes into the court room and saves the day. Often you see the attorney arguing with the judge and the witness on the witness stand. Sometimes they bring surprise witnesses and evidence, and on occasion the witness […]
Employers Who Fail To Provide Meal and Rest Periods in California Beware
Recently the California Supreme Court rendered a decision in interpreting California Labor Code Section 226.7.
The issue was whether Labor Code section 226.7 provided for payment of one additional hour of pay when an employer failed to provide a meal break after five hours of work or […]
Is It Legal to Record or Eavesdrop Without Someone’s Consent
The California State Legislature has declared that advances in the science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increase use of such devices and techniques has created a serious threat to […]
Who is Covered Under the ADA in Employment Law
The Americans with Disabilities Act has several sections among other things is addresses public accessibility and employment discrimination. The ADA prohibits covered entities from discrimination against qualified individuals with disabilities.
For purposes of the ADA in employment matters the term disabilities means that the impairment of the individual is one that substantially […]
How Insurance Companies Evaluate Claims, What Every Doctor Should Know
Most if not all insurance companies have been using expert systems, software that is supposed to mimic highly trained humans , to evaluate car accident and truck accident injury claims. Some insurance companies use it as a tool and for some guidance, but some insurance carriers stick to the response provided by the computer […]
What is Sexual Harassment
Sexual harassment is unlawful under federal and state statutes. You may have heard the expression that distinction between sexual harassment and no sexual harassment is dependent on the attractiveness of the perpetrator and to a large extent this is true. If the conduct or environment is sexual in nature and it is unwanted […]
A Primer on The Equal Pay Act
Even though it appears that there is just one law that covers discimination in reality there are several overlapping laws. Gender based discrimination has taken many forms including different pay rates. The legislature addressed the differing pay rates and enacted the Equal Pay Act, which differs and is in addition to anti discrimination […]
Six Reasons Why Employees Sue Their Boss
This is not a complete and exhaustive list of all employees that bring lawsuits against their employers, but merely a summary of the kinds of things that I have observed that prompted employees to file a lawsuit. These are some common reasons for why employees sought to sue their employer or actually sued their […]
What Not To Ask Of Job Applicants
In California it is an unlawful practice for an employer, to discriminate on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person. This includes hiring, selection for a training program leading to employment, compensation or terms, conditions, […]
Do You Really Have an Idependent Contractor’s Agreement ?
Employers and entrepreneurs often employ individuals as independent contractors in an effort to avoid having to pay for workers’ compensation insurance, taxes, benefits and to avoid wage and hour laws. Sometimes they take steps to insure they are in fact contractors, but more often than not they do not.
Whether there is an […]
