WorkWhile Lawsuit Highlights Worker Misclassification in California’s Gig Economy

A recent lawsuit filed by San Francisco’s City Attorney centers on the ongoing issue of worker misclassification in the gig economy. WorkWhile, a staffing agency that connects gig workers with jobs across…

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San Francisco Employees Entitled to Sick Leave Pay

Beginning February 5, 2007, all employees who work within the San Francisco city limits are entitled to one hour of sick leave for every 30 hours worked. The sick leave may be…

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The “Administrative” Exemption for California Employees

In prior articles, I discussed the “professional“ and “executive“ exemptions to California’s wage and hour laws, and this article will focus on the “administrative” exemption.  In general, exempt employees are not entitled…

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Severance Agreements and Release of Claims – What Can or Should You “Give Up”?

In a prior article, we discussed some concerns that employees may have with collecting unemployment benefits after receiving a severance offer.  In this article, we will focus on the types of claims…

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Workplace Defamation – A Basic Overview

Since many terminated and current employees ask about it, I thought I might dive into the treacherous waters of defamation in the workplace.  Defamatory conduct in the workplace may occur, for example,…

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Defamation Per Se — Presumption of Harm

In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee.  There are five…

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The “Privilege” Defense to Defamation Claims

There are four common defenses to defamation claims: privilege, consent, truth and opinion.  This entry will discuss the most widely employed defense to workplace defamation claims – absolute and qualified privileges. Absolute…

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Vacation Pay for California Employees

There is no California or federal law, which requires employers to provide employees with vacation time.  Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must…

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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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