Employment Law Articles

Discover and learn the latest valuable employment law articles for ideas, practical information, and DIY from a network of leading business and corporate lawyers.

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At Will Employment

At will employment means that the employer or the worker may end the employment relationship at any time. When an employment is at will, the employer can terminate employees for no reason.

Can You Get Fired for Looking for Another Job?

Firing an employee for looking for another job is legal under California Labor Code § 2922. Employees in California are employed on an “at-will” which means the employee or employer can terminate the working relationship at any time for any reason.

Can an employee be terminated while on medical leave?

It depends on the reason the employee is on medical leave. Under the FMLA, an employee cannot be terminated simply because they take leave. An employee is free to take medical leave without fear of losing their job. However, if there is a reason unrelated to the medical leave, an employer does have the right to terminate an employee.

Can Slack Admins Read DMs?

Yes. Slack admin and employer can read every DMs, private channels, private messages sent between team members. Employers on either Slack's free tier or paid tier need to submit a request to Slack before they can access your private chats.

Four Hour Minimum Pay

Yes - under California employment law, when an employee is scheduled to work an eight-hour shift, and the work is canceled, the employer must pay a minimum of four hours.

How far back do PAGA claims go?

A PAGA claim is generally one year from the date of the last employment law violation on which the PAGA claim is based.

FICA Withholding: What is FICA tax on my paycheck?

What is FICA tax on my paycheck? FICA is a federal wage tax. FICA taxes requires withholding from an employee’s gross earnings: 6.2% for social security and 1.45% for Medicare. The employer matches these percentages for a total of 15.3%.

Why Does EDD Do a Benefit Audit?

The EDD conducts benefit audits to help pay Unemployment Insurance benefits to only eligible claimants only, prevents fraud in the UI program, and helps companies control UI costs. The EDD’s responsibility is to collect payroll taxes and conduct payroll audits of businesses.

What Does PAGA Mean in a Lawsuit?

The word PAGA is an acronym for the Private Attorney General Act, which is the Labor Code that authorizes employees to file a lawsuit to recover civil penalties for themselves and other employees. PAGA confers a private right of action to individuals to prosecute under PAGA and incentivizes the employee to keep 25% of collected civil penalties.

What does an employment lawyer do?

An employment lawyer help employers and employees understand their respective rights and obligations, such as wages, wrongful termination, overtime, PTO, disability, discrimination, harassment, etc.

Can my employer call my doctor?

Generally, yes, your employer can call your doctor; however, the questions your employer ask is limited and protected by HIPAA Privacy Law. Your employer has the right to contact your doctor to verify the authenticity of a doctor’s note but cannot ask about your medical condition or diagnosis.

Can I Be Fired for Work Restrictions?

State and federal laws protect employees from employers firing employees because of work restrictions. If you’re fired at work, please get in touch with our employment attorney for a free consultation on work restrictions ignored by the employer.

What Qualifies as an EEOC Complaint?

The EEOC is a federal agency that investigates workplace discrimination and harassment based on race, gender, ethnicity, national origin, age, religion, medical status, and disability. There are time limits for filing a complaint with the EEOC.

EEOC Complaint Process

Before filing an EEOC complaint, employees should understand the entire EEOC complaint process. This article answers many Frequently Asked Questions on the EEOC complaint process.

Do guys get paid paternity leave?

A father is eligible for paternity leave if three conditions are met: 1) welcome a new child within the first twelve months; 2) Paid into the State Disability Insurance; 3) Has not taken more than eight weeks of paternity leave in the past twelve months.

California PTO Payout Law

California law declares vacation time to be earned wages, and vacation time is accumulated as work is performed. So, an employee who has the right to ten days of vacation per year will after six months of work earn five days of vacation time.

Suing For Unpaid Wages California

It is totally unfair for an employee to work and not get paid; employees have bills and rent to pay. Employees suing for unpaid wages in California can get help from an employment attorney.

How Much Does It Cost To Hire a Lawyer To Sue My Employer?

People often ask me how much does an employment lawyer cost? Employees generally have claims against the employer, and an employment lawyer typically works on a contingent fee - meaning there is no fee unless the lawyer wins the employee's case.

Employee Management

Employee management is the process of aid employees to do their best work daily to achieve the company’s goal. Employee management helps improve employee satisfaction and productivity to help a company achieve its overall goals.

Is It Legal To Pay Employees Cash Under the Table?

Paying employees in cash is not illegal but frequently employers do not comply with employment laws concerning paying in cash. Employees' lawsuit against the employer for paying in cash has resulted in settlements averaging $100,000.

What is a demand letter?

A demand letter is a letter that is commonly written by a lawyer on behalf of a client setting forth facts supporting a demand for money. A demand letter is usually the first step in resolving a dispute between two opposing parties.

EEOC Discrimination

Learn about the various types of EEOC-prohibited discrimination. The EEOC protects employees from discrimination based on gender, race, ethnicity, gender, religion, national origin, age, disability, etc.

Standard PTO Policy for Small Business

A standard PTO for small businesses depends on the years an employee worked for the company. On average, the standard PTO for one to five years is ten days and six to ten years averages fifteen days.

Retaliation for Reporting Harassment at Work

An employer who punishes an employee who reported sexual harassment in the workplace violates state and federal law and is liable for retaliation. Examples of retaliation include demotion, fewer working hours, segregation, or termination.

Obscene and Sexual Gestures a Work

We're not talking about the ubiquitous middle finger that says fuck you. Obscene and sexual gestures at work may include two fingers in a V shape, with a tongue in between. 

Quid Pro Quo Sexual Harassment

One of the most common types of sexual harassment is Quid pro quo sexual harassment, and it is one of the easiest to hide. All types of workplace sexual harassment are illegal.

Reporting Time Pay

Wages are what we mean when we use the term "reporting time pay." If employers do not pay all of this at the moment of an employee being terminated, there may be waiting time penalties involved.

Can I Sue My Employer For Not Paying Me Correctly?

Employees work hard and deserve to be paid correctly, and on time. It sucks when an employee works hard, and long hours only to be paid incorrectly while the boss is driving a Lambo or Benz.

8 FAQ Answer: Employees Must Know About Wrongful Termination

If an employee believes that he or she has been unlawfully fired from their job, he or she may file a wrongful termination claim in court. These claims are based on the alleged breaking of federal or state anti-discrimination law, employment contracts, or labor laws.

What Are the Signs of a Toxic Coworker?

The 8 identifying traits of of a toxic coworker are: 1. The toxic coworker is often sarcastic. 2. The toxic coworker often insults and mock others. 3. The toxic coworker is selfish...

Two-Week Notice Letter: 9 Tips and 2 Templates

If an employee decides to resign from his or her job, it is normal and expected to provide their employer with two weeks’ notice. Regardless of why a person is leaving their job, it is considered professional to give their employer enough time to make plans to cover the absence.

6 Things to Know About At-Will Employment

“At-will” means that an employer can fire an employee for any reason at any time without getting into legal trouble. The exception is that the reason cannot be illegal in nature.

7 Things Women Should Know About Sexual Harassment

Sexual harassment is an umbrella term covering many forms of unwelcome verbal and physical sexual attention. Sexual assault, meanwhile, is physical sexual contact or behavior that happens without the consent of the victim.

How Long Is Maternity Leave in California?

Under California law, companies with at least five employees must provide new parents with 12 weeks of unpaid maternity leave. Similarly, companies with at least five employees must also grant up to four months of unpaid pregnancy-disability leave to workers who are unable to work due to pregnancy or childbirth.

10 Tips on California Law Expense Reimbursement Time Limit

Under California labor law, employers are required to reimburse employees for business expenses made during the course of their employment, so long as they are necessary and reasonable in nature. This means that an employer must pay an employee back for any financial losses the employee accepted as part of doing his or her job.

What are the 4 Caregiver rights in California?

Employers often face lawsuits from caregivers for violating caregivers’ rights, such as basic wages. A caregiver is an individual who has taken on the role of both care provider and advocate.

How to Find an Employment Lawyer

Often referred to as work lawyers, employment lawyers are attorneys who specialize in employment law and represent workers in all positions across many industries. In California, employment lawyers understand workers’ rights according to the state’s labor laws and can help wronged employees sue and seek damages for improper or unlawful treatment at a workplace.

6 Tips for Prorated Vacation

Employees can earn time off according to different methods, which are normally specified in an employee handbook. Some employers choose to have employees accrue vacation time based on hours worked.

4 Tips on Work Uniform Law

Any employer who does not reimburse employees' for work uniform expenses may result in an employee's lawsuit and over $100,000 in damages.

Do You Get Paid for Pre-Employment Training?

Employers are frequently sued for not paying employees for pre-employment training. There is no such thing as "pre-employment." All training are considered employment training.

4 Good Reasons for Missing Work and 3 Bad Reasons for Missing Work

Illness, family emergencies, and important appointments can happen without warning, and are legitimate reasons for missing work. There are also some bad, and unadvisable, reasons to miss work without notice. These reasons can appear unprofessional and irresponsible and may lead to consequences.

9 Legal Reasons to Call Out of Work

That brutal winter cough. The eye doctor’s appointment you’ve been putting off for a year and a half. Your son falls off the monkey bars and needs a cast. Your fourteen-year-old dog dies. Your basement floods. You’re just plain tired.

5 Steps on How to Call Off Work

Now and again, and employee will run into situations where he or she needs to miss work. Generally, employers understand when one of their workers needs to clock out early or miss a day on account of personal affairs, medical problems, or emergencies.

Can I Use My PTO Whenever I Want?

When it comes to using PTO, employees can generally use it whenever they want. That said, they must receive the approval of their supervisor first. At some companies, there are “blackout” periods, when no one at the company may take a vacation.
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