San Francisco Tech Startup Under Fire for Sexual Harassment and Gender Discrimination

The company culture at tech startups can commonly be characterized by a combination of informality, flexibility and innovation, along with a strong emphasis on collaboration. Startups tend to have less formal hierarchies…

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COBRA Health Care Benefits

Despite the acrimony surrounding President Obama’s signing of the Patient Protection and Affordable Care Act (better known as the health care bill), many of the most important provisions to bring health care…

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Religion in the Workplace – A Delicate Balancing Act

Recently I had a series of inquires about the role of religion in the workplace – is an employer required to give employees time off for an important religious holiday?  And, does…

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Using Sick Leave to Care for Family Members

In general, California does not require employers to provide paid sick leave to their employees nor are employers obligated to give employees unpaid sick leave.  Also, even if sick leave is provided,…

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Taking Time Off to Care for Family or to Care for Yourself – FMLA/CFRA Notice Requirements

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both allow eligible employees to take up to 12 weeks per calendar year of unpaid leave.  The…

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Meal Breaks for California Employees

In California non-exempt employees must be “provided” a 30-minute meal period for ever five hours worked.  Employees who work ten hours or more in a workday must be provided with two 30-minute…

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The “Professional” Exemption in California

As discussed in a prior posting, California’s wage and hour law makes a distinction between “exempt” and “non-exempt” employees, not salaried versus hourly employees.  Exempt employees are not entitled to overtime pay,…

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The Executive Exemption – What Is It and Who Qualifies?

Although many employees are paid a salary each month or bi-weekly, California’s wage and hour law makes a distinction between “exempt” and “non-exempt” employees, not salaried versus hourly.  Most of the protections…

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Former Employees May Use Client Lists to Solicit Customers Unless the List Is a Trade Secret

In the latest installment of California’s fair competition law, an appellate court provided additional guidance about the scope and extent that employees can solicit clients of their former employer. In the case…

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