California Gig Workers Struggle to Earn a Living Wage, Study Says

For years, delivery workers and rideshare drivers have been trying to navigate the complex laws of California’s gig economy. Over 1.4 million people across the state are gig workers for app-based companies…

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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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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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