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Labor & Employment Law

California Employee Rights Blog California Employee Rights Blog

Information on California employee rights brought to you by Peters Law Group, APC.
By James Peters

Post Frequency: 0.3/day

Last Entry: July 08, 2010 at 16:11:33

Recent Entries: 53

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Use Caution When Posting Online About Employers

Posted on July 08, 2010
If you have not heard about this, a Best Buy employee recently got into trouble for creating and posting a video poking fun at the iPhone and Apple in general. Although the video was more of a parody based on observations about iPhones and those who buy them, Best Buy understandably did not take kindly [...


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Posted on June 06, 2010
This is a temporary post that was not deleted. Please delete this manually. (5be93f14-3ad1-436f-8bc3-2af79a0dba87 - 3bfe001a-32de-4114-a6b4-4005b770f6d7) Spam-Fighter:5345#$@#*$


Tennessee Passes Mean-Spirited "English Only" Law

Posted on June 06, 2010
Yesterday I came across an article about an ?English-only? law Tennessee passed just last week.  My first reaction was similar to when I first heard of the Arizona immigration law, which is that it clearly violates federal law, will be struck down by the courts in short order, and is really nothing more than a [...


Employers Use Unfair Tactics to Fight Unemployment Claims

Posted on April 04, 2010
The New York Times recently published an article about the increased use of companies that specialize in contesting unemployment claims for employers. We often attend unemployment appeal hearings on behalf of clients because they are also pursuing wrongful termination claims against their former employers...


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We Fight for Those Who Cannot Fight For Themselves

Posted on November 12, 2009
George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the [...


Proposed California Law Restricts Credit Checks for Job Applicants

Posted on September 25, 2009
The Los Angeles Times recently reported on a new bill headed to Governor Schwarzenegger for possible signature (though I believe it is likely to be vetoed) generally prohibiting California employers from requiring applicants to allow them to examine their credit report as part of the application process...


Laid Off? You Still Have Rights! Part 3: Get Your Vacation Pay

Posted on December 02, 2008
In most layoff situations, especially these days, the layoff is legitimate and a necessary evil in cutting costs.  However, just because an employee has not been wrongfully terminated in a layoff does not mean they have no California employment law rights...


Laid Off? You Still Have Rights! Part 2: Are You a Statistic?

Posted on November 17, 2008
This is our second post in a series on employees’ rights when they get laid-off from work.  In our last post, I pointed out that even though an employee may have been “laid-off” with several other employees, that does not necessarily mean they were not wrongfully terminated in being chosen for layoff...


Laid Off? You Still Have Rights! Part One: Is Something Fishy?

Posted on November 14, 2008
It seems like every day another company announces mass layoffs in the United States.  While we are fielding more calls from potential clients than usual, they have not increased quite as much as overall unemployment. I think part of this might be attributable to a common employment law misconception among employees, which is that they somehow [...


Newsflash: Some Employment Law Defense Attorneys OK

Posted on September 27, 2008
A few days ago I happened upon an article about Littler Mendelson, P.C.  They are a large employment law defense firm and have offices in every major metropolitan area of California.  I would bet that if I looked at all of the cases our firm has handled over the years, Littler is the firm we [...


Are ?Discretionary? Bonuses Really Discretionary?

Posted on August 07, 2008
Over the past couple of months I have been dealing with a case against a major national bank on behalf of one of its former employees.  The case involves his “discretionary” annual bonus, which most employers would say is just that-discretionary...


Employee Rights and Hourly Fees Do Not Mix

Posted on August 03, 2008
This past Friday I spoke with a potential client who was recently terminated by his employer.  I concluded that he did not have a case worth pursuing and any claims he did have were likely not worth pursuing if it meant giving up the severance his employer had already offered to him...


The Perils of Trying to Win at ?All Costs?

Posted on June 29, 2008
Some employees (and some employee-rights attorneys) believe that if they are wrongfully terminated and able to get a new job just days later, they will only be able to recover a few thousand dollars and it would not be “worth it” to pursue a claim, especially if they have to pay an attorney to get [...


Family Status Discrimination and Equal Pay Laws

Posted on June 22, 2008
This post is part of our ongoing series dealing with “family status” discrimination.  Family status claims implicate several employment laws, depending on the facts of a given case.  For example, the federal Equal Pay Act (”EPA”) and also California law mandate “equal pay” between men and women...


Assumption Stereotyping as Family Status Discrimination

Posted on May 17, 2008
This is our second post in our series on “family status” discrimination. The last post dealt with examples of “moral stereotyping” where an employer’s belief on what women should do motivates their discrimination. This post deals with what I call “assumption” stereotyping, which deals with instances where an employer is motivated by their [...


Moral Stereotyping as Family Status Discrimination

Posted on May 03, 2008
This is my second post in our multi-part series on “family status” discrimination, which is becoming more and more common under both federal and state law. There are many ways family status discrimination can happen in the workplace, some of which are very subtle and difficult to prove...


Family Status Discrimination: Introduction (Part 1)

Posted on April 16, 2008
One employment law claim that has been quickly becoming more popular these days is “family status discrimination”. That is, discriminating against someone based on their familial obligations or simply because they have a family in the first place...


CA Legislator: Lying Liar Telling Lies

Posted on March 29, 2008
It is fairly common for sweeping employment law legislation to be introduced in the California legislature and I usually do not pay much attention to these bills because they usually do not become law. One of two things almost always happens: (1) the republicans introduce a pro-employer bill that will never pass the democratically-controlled legislature [...


First Tribune Handbook Violator: Its Creator

Posted on February 06, 2008
Ok, so this topic has been blogged to death by not only me, but the blawgosphere as a whole. However, I just received this update to the story. Sam Zell, the head of Tribune Co., met with his employees/journalists last week at the Orlando Sentinel, one of the newspapers covered by his idiotic/inspiring (depending on [...


Game Show Employee Rights?

Posted on February 06, 2008
Apparently there is a new game show out called “Moment of Truth” that gives contestants a lie detector test before the show and then the host asks them the same questions on the air. If the contestant’s answer on the air is different from the results of the polygraph, they lose (up to [...


The Best Worst Paid Leave Policy Ever

Posted on January 28, 2008
A Reuters story this morning deals with what is both one of the most liberal paid leave policies I have ever seen and also one of the most blatantly discriminatory. Hime & Company, a Tokyo-based marketing firm, offers paid leave to employees who have a bad breakup, termed “heartache leave”...


Study: Discrimination Policies Poorly Communicated

Posted on January 25, 2008
A timely study by the Institute for Corporate Productivity (i4cp) that was released on Tuesday finds that the vast majority of corporations have some sort of formal anti-discrimination policy. However, failure to adequately communicate such policies is a frequent problem, where only 80% of those companies rate anti-discrimination training “either somewhat or very important”...


Employment Discrimination Against Medical Marijuana Users is Legal in California

Posted on January 24, 2008
Well, the California Supreme Court finally released its opinion in Ross v. Ragingwire Telecommunications, Inc., S138130, today and I have to say I am disappointed with the opinion, although I think the dissenting opinion was completely on the mark. The Decision The Court decided that employers can terminate employees in California who use medical marijuana with a [...


Our Gobbledygood vs. Their Gobbledygook

Posted on January 23, 2008
Well, my post about the Los Angeles Times article on their new employee handbook seems to have set off (or at least contributed to) a firestorm throughout the web. Some of the reaction seems off-the-mark, though. Comments: The Good, The Bad and the Ugly The overwhelming majority of mail I received is in agreement with my comments [...


?Mind-Numbing Lawyer Gobbledygook? Overrated?

Posted on January 19, 2008
An article in Thursday’s Los Angeles Times discusses their own parent company, Tribune Co.’s new employee handbook that was introduced by their CEO, Sam Zell, via a recent e-mail to employees. This caught my eye because it is not every day that a company publicly releases or discusses their employee handbook...


Ron Paul on Employee Rights (Part 3): Darn Those Pesky Civil Rights Laws

Posted on January 17, 2008
In this third and final installment in our series on Ron Paul’s comments about employee rights in his book Freedom Under Siege, we examine his views on civil rights legislation in general, which can be found in several sections of his book, but is best summed up with the following quote found on page [...


Ron Paul on Employee Rights (Part 2): Unattractive Women Need Not Apply

Posted on January 16, 2008
This is the second in our series of posts based on Presidential Candidate Ron Paul’s musings on employee rights in his book Freedom Under Siege. This installment’s “Paulism” can be found on page 17 of the book: The idea that the social do-gooder can legislate a system which forces industry to pay men and women [...


Ron Paul on Employee Rights (Part 1): Sexual Harassment-What?s the Big Deal?

Posted on January 15, 2008
I have tried to tune out most of the political primary hysteria because I (1) made up my mind about who I would be supporting in the election long ago and (2) I live in California, so my opinion is not really that important at this stage. Today I happened to stumble across some of Ron [...


Employers Must At Least TRY To Accommodate Disabled Employees

Posted on January 15, 2008
In the United States, employers must actively engage in an “interactive process” with disabled employees to try and find a “reasonable accommodation” for their disability, even if no such accommodation actually exists. What is an “Interactive Process”? What this means is if an employer knows one of their employees is disabled and they suspect that employee might [...


Sometimes the "Decider" is Wrong

Posted on January 12, 2008
Let me first say that I rarely disagree with decisions by California state or federal appellate courts (at least those I am not personally involved in and therefore biased towards). However, I occasionally come across a case where I just think the court got it wrong...


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