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California Fair Pay Act vs Equal Pay Act, What’s the Difference?

Some of the most important pieces of US employment legislation introduced over the past several decades have been enacted in the State of California. California has a reputation as a leader in industry, an innovative place to spawn new ideas and a place that fosters creativity and inspired action among ….

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California Pregnancy Leave: A Guide to FMLA, PDL & CFRA

Medical leaves, and specifically pregnancy-related leaves, can be tricky for both employers and employees to navigate. Between state and federal laws, there is a lot to understand. Here, we will break down how to manage medical leaves and understand the Family and Medical Leave Act (FMLA), the California Family Rights ….

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How to Identify Sexual Harassment in the Workplace

Are you being harassed or discriminated against? Would you even know if it were happening today, on the job? Overt sexual harassment is what we see in movies, our media, and on TV, but it isn’t always that obvious. We’ll look at what constitutes sexual harassment and what you should ….

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Complying with California’s Final Pay Rules & Regulations

California Final Pay Rules & Regulations Failing to comply with California’s final pay laws can result in significant employer penalties – many of them quite severe. Understanding California’s final pay laws and the various ways to ensure compliance with these rigid statutes is key to avoiding costly penalties and possible ….

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What Are the Different Types of Sexual Harassment in California?

Our 24-hour news cycle has been dominated recently by allegations of sexual harassment and impropriety among various high-profile groups in our society. Looking at the multiple allegations against high-ranking political officials, sports stars, Hollywood moguls, and other public figures, there seems to be an uptick in sexual harassment claims today. ….

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California’s Fair Pay Act of 2015 vs The Equal Pay Act of 1949

Nearly three generations ago, the California Equal Pay Act of 1949 was passed. This important piece of legislation delivered much-needed protections for employees and a series of mandates for employers, including equality of pay between men and women. “Equal pay for equal jobs at the same establishment” was the calling ….

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Gender Identity & California’s DFEH’s Transgender Protections

Business owners in California must understand the entire spectrum of important federal and state employment laws, statutes and best practices. From the Norris-LaGuardia Act of 1932 to the Fair Labor Standards Act of 1938, Title VII of the Civil Rights Act of 1964 to the 2015 California Fair Pay Act, ….

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What is Sexual Harassment?

It seems like everytime we turn on the news, there is news about another sexual harassment case. In Hollywood, in the Olympics, in the music industry, and in large and small corporations,  more and more claims are popping up. But what exactly is sexual harassment? And what is the difference ….

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Women in Film & the Hotline for Victims of Sexual Harassment

In the wake of the many sexual harassment allegations coming out of Hollywood, Women in Film, the industry’s leading advocate of gender parity in Hollywood, created a sexual harassment hotline where victims can call for legal advice or to report claims. Although recent movements such as the “#metoo” movement that ….

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What to Know About Alternative Workweek Schedules in California

In California, employees have the option of working an alternative workweek. But what is an alternative workweek, and is this good news for employees and employers? Employees may benefit from an alternative workweek by enjoying more flexibility in their work schedule than is available under a traditional eight-hour/five-day workweek. Here, ….

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Understanding Wrongful Termination Lawsuits

Understanding California Wrongful Termination Lawsuits Being fired from a job is never easy, and especially if you think you have been wrongfully terminated. If you feel like your rights have been violated, you may be entitled to a wrongful termination lawsuit. Before hiring a wrongful termination lawyer, let’s look at ….

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What Does California “At-Will” Employment Mean?

What is “At-Will” Employment? According to the California Labor Code, California is an at-will employment state.  But what is this rule? And what does it mean for hourly or salaried employees?  You may be wondering if this means that you can be fired for any reason and whether you have ….

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Everything You Need to Know About Taking a Leave of Absence

Everything You Need to Know About Taking a Leave of Absence There are numerous reasons why you may need to take an extended leave from work: the birth of a child, military service, dealing with your own illness or caring for a family member who has a serious health condition, ….

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How to File a Class Action Lawsuit Against an Employer

How to File a Class Action Lawsuit Against an Employer A class action lawsuit is a representative action that can protect the rights of numerous workers affected by one employer – here’s how to begin the process of filing  a class action lawsuit. You’ve likely received one of those little ….

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How Does the Equal Pay Act Affect Employers & Employees?

How Does the Equal Pay Act Affect Employers & Employees? There are several key points in the Federal Equal Pay Act and the California Fair Pay Act that admirably support employee rights and minimize the ability of an employer to discriminate when setting employee pay rates. The struggle for equality ….

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Know Your Rights: Sexual Harassment in the Workplace

Know Your Rights: Sexual Harassment in the Workplace Sexual harassment in the workplace violates Title VII of the Civil Rights Act of 1964 but it continues to happen with regularity today. The EEOC (Equal Employment Opportunity Commission) has created specific guidelines as to what constitutes sexual harassment in the workplace ….

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Justice, Served: An Interview with a Civil Rights Attorney

We interviewed civil rights attorney, Alicia Olivares, to get her insights on civil rights Did you start your career as a civil rights attorney? How has it evolved over time? Yes, I did. During law school, I worked at Bet Tzedek Legal Services in Los Angeles, a nonprofit organization that ….

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Overtime Requirements in California

If you currently earn an hourly wage and work in the state of California, there are specific labor laws in place that govern the hourly compensation amount you must be paid based on the hours you work, regardless of the amount of hours shown on your timesheet. California overtime laws ….

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Whistleblower Protection: Defense Against Retaliation

Hollywood has certainly wrapped its arms around the concept of a whistleblower over the past few decades. Movies like The Insider, The Whistleblower, Michael Clayton, Erin Brockovich, North Country and more focus on the heroic actions of people who are willing to risk it all to expose the truth, protect ….

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What to Look for in an Employment Law Attorney

If you feel it is time to retain an employment law attorney, you may only have one chance to get it right.   Is it time to find an employment law attorney? Have you been unjustly fired or retaliated against? Maybe you have been denied a medical leave or pregnancy ….

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5 Ways to Detect Pregnancy Discrimination & How to Take Action

It would be nice to think today’s modern and advanced employers realized that the benefits of employing a diverse base of motivated individuals can be quite far-reaching, but pregnancy discrimination cases are abundant – and the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Department of Fair Employment and Housing ….

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What Are California Labor Laws: A Cheat Sheet

  Employee vs. Independent Contractor Employers oftentimes improperly classify their employees as independent contractors so that they, the employer, do not have to pay payroll taxes, the minimum wage or overtime, comply with other wage and hour law requirements such as providing meal periods and rest breaks or reimburse their ….

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Disability Discrimination in the Workplace: When to Call an Employment Lawyer

California disability laws are intended to allow persons with disabilities the opportunity for employment. To meet this goal, California’s laws have historically offered greater protection to employees than federal law. Employers must provide reasonable accommodation for those applicants and employees who, because of their disability, are unable to perform the ….

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Know Your Rights: Workplace Discrimination Laws

Laws are in place to prohibit discrimination at the workplace, but many employees don’t realize what actually constitutes discrimination. Let’s uncover various forms of workplace discrimination and what to do if you’re a victim. Workplace discrimination is reported among a large number of workers from across various ethnic, socioeconomic, age, ….

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Feldman Browne Olivares Congratulates Lee Feldman for his recognition as one of California’s Top Labor and Employment Lawyers 2017

Feldman Browne Olivares Congratulates Lee Feldman for his recognition as one of California’s Top Labor and Employment Lawyers 2017 July 19, 2017 Plaintiff’s employment attorney Feldman said he has been interested in constitutional rights and discrimination since he was a child, and saw employment law as a natural fit. In 1998 ….

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Case Summary: Perez, et al. v. Mortgage Bankers Ass’n, 135 S.Ct. 1199 (2015)

Courts May Not Dictate to Agencies the Procedure They Must Use to Change the Interpretation of Their Regulations; Mortgage Loan Officers Do Not Qualify for the FLSA Administrative Exemption. Perez, et al. v. Mortgage Bankers Ass’n, 135 S.Ct. 1199 (2015) The Fair Labor Standards Act of 1938 (FLSA)[i] “establishe[s] a ….

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Khalatian v. Prime Time Shuttle, Inc., (2015) 237 Cal.App.4th 651

The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime Time Shuttle, Inc., (2015) 237 Cal.App.4th 651 Plaintiff was an ….

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The DIR’s Promulgation of Regulations is Not Subject to APA Notice and Hearing Requirements

Vector Resources, Inc. v. Baker (2015) 237 Cal.App.4th 46 Defendant Christine Baker (Baker), Director of the Department of Industrial Relations (DIR), issued a decision determining that Vector Resources, Inc. (Vector) had failed to pay the appropriate prevailing wages to it employees who worked on public works projects for the San ….

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Pinela v. Neiman Marcus Group, Inc. (2015) 238 Cal.App.4th 227

A Mandatory Arbitration Agreement With a Choice of Law Clause and a Clause Delegating Interpreting Authority to the Arbitrator Is Procedurally and Substantively Unconscionable. Employer Neiman Marcus Group (NMG) compelled arbitration of Plaintiff’s wage claims, in part,[i] after Plaintiff moved for certification in a wage and hour class action.[ii] The ….

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Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141

Forum Selection Clauses in Employment Agreements May Not Diminish Unwaivable Rights Preserved by the California Labor Code Plaintiff brought a wage and hour class action against her Texas employer and the trial court granted the employer’s motion to stay the suit based on a mandatory forum selection clause in the ….

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Noe v. Super. Ct. (2015) 237 Cal.App.4th 316

Labor Code Section 226.8 Extends Liability to Any Employer Who is Aware That a Co-Employer Has Willfully Misclassified Their Joint Employees and Fails to Remedy the Misclassification, But the Section Does Not Confer a Private Right of Action. Noe v. Super. Ct. (2015) 237 Cal.App.4th 316 Anschutz Entertainment Group (AEG) ….

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Reyes v. Dollar Tree Stores, Inc., 781 F.3d 1185 (9th Cir. 2015)

Certification of a Broader Class than That Originally Requested by Plaintiff Effectively Amended the Complaint, Thereby Justifying Subsequent CAFA Jurisdiction/Removal Even After Initial 30 Days On April 1, 2015,[i] the Ninth Circuit issued two decisions that further defined the scope of amount-in-controversy removal jurisdiction under the Class Action Fairness Act ….

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Case Summary: Henson v. C Overaa & Co. (2015) 238 Cal.App.4th 184

Contractors for Public Works Projects Who Employ Apprentices Need Only Hire Apprentices in the Same Occupation as the Contractor’s Journeymen. Henson v. C Overaa & Co. (2015) 238 Cal.App.4th 184 Plaintiffs, pipefitter apprentices, alleged they lost prevailing wages and on-the-job training hours when the employer refused to hire apprentices from ….

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Wrongful Termination Process with Lawyer Assistance

If you’ve been fired unjustly, the employer could have to pay you much more than the wages he deprived you of. Otherwise, if all the company ever owed you was lost wages, there would be no deterrent in place to discourage such unfair treatment of workers. Therefore, wrongful termination settlements ….

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Wrongful Termination – History, Case Examples, and More

Wrongful Termination – History, Case Examples, and More Workers who feel they lost their jobs unfairly do have legal recourse. Wrongful termination is a broad term that covers many situations and scenarios. Here are some examples of situations where a worker should consult an employment or labor attorney. Losing a ….

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Age Discrimination Attorney Takes on Computer Giant Apple

Age Discrimination Attorney Takes on Computer Giant Apple An attorney who was fired from Apple claims it was because of her age and gender. Her lawsuit against Apple shows that age and gender discrimination happens even to highly paid, successful executives, in companies that ‘should know better.’ She filed her ….

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Working Women No Longer Have to Tolerate Pregnancy Discrimination

Working Women No Longer Have to Tolerate Pregnancy Discrimination It’s a familiar story. A woman becomes pregnant, asks her employer for reasonable accommodations so she can continue working, but gets denied. Naturally she complains. Then the bosses retaliate against her, sometimes severely. The law says they can’t do that. Recently ….

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Five Attorneys at The Feldman Browne Olivares Law Firm Named Among the Best Labor and Employment Lawyers in Los Angeles

Five Attorneys at The Feldman Browne Olivares Law Firm Named Among the Best Labor and Employment Lawyers in Los Angeles Top recognition was awarded to our employment lawyers again. Our firm works exclusively to protect the rights of workers. We obtain maximum compensation for harms caused by employers. Lee Feldman …a ….

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California Employee Rights Law Demands Equal Pay for Woman

California Employee Rights Law Demands Equal Pay for Woman Starting last January, women who demonstrate they are paid less than men for substantially similar work can get more than just a raise to equal pay. That’s what a new employee rights law says. Women can be awarded: All the back ….

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More Women Gain Courage to Help Sexual Harassment Lawyers in Suit Against Fox News Chairman Roger Ailes

More Women Gain Courage to Help Sexual Harassment Lawyers in Suit Against Fox News Chairman Roger Ailes On July 7th Gretchen Carlson, former anchor with Fox News, filed a sexual harassment lawsuit against powerful Fox Chairman and CEO Roger Ailes. His attorneys immediately invoked an age-old defense tactic. They scorned ….

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Case Study: Family Leave and Unlawful Termination

Case Study: Family Leave and Unlawful Termination When it comes to family and medical accommodations in the workplace, California laws tend to favor the employee. The employer must attempt to satisfy a request for medical leave, as well as any special accommodations for disabled workers. More recently, employees who sue ….

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Students Hire Class Action Lawyer in Suit Against School

Students Hire Class Action Lawyer in Suit Against School Students of Paul Mitchell’s cosmetology schools claim they were treated more like employees than like students. Their labor attorney says they should be paid for work they did in the schools’ retail studios –  minimum wage plus overtime. But the schools ….

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Court: Misclassification Penalties Can Be Pursued Under PAGA Labor Law

Court: Misclassification Penalties can be Pursued Under PAGA Labor Law Beverage vendors can pursue labor code violations under the state law, a partial victory By Matthew Blake – Daily Journal An appellate court decision on a state law that punishes employers who incorrectly classify their workers as independent contractors contained ….

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Labor Attorney Bails Out Talent Agency Interns

For those who have monitored the fast evolving landscape of the entertainment industry this past year, it has been quite the eventful time to be a labor law attorney. Lately, the slippery slope of unpaid internships has received heightened legal scrutiny after bouts of litigious action has increasingly forced the hand of ….

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Battling Wrongful Termination at Goldman Sachs

A landmark arbitration ruling involving wrongful terminations at a Century City finance company could send a ripple effect to the Downtown LA finance district and all the way to Wall Street.Recently, Investment banking powerhouse, Goldman Sachs, was challenged by two former employees, who were terminated under questionable circumstances. The wrongful termination ….

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Donald Sterling’s Statements & Future Racial Discrimination Lawsuits

Donald Sterling’s Statements & Future Racial Discrimination Lawsuits By: Lee R. Feldman As the whole world knows, Los Angeles Clippers owner Donald Sterling was recently recorded making egregiously racist statements, including telling his girlfriend not to bring Black friends like Magic Johnson to Clippers games. http://www.washingtonpost.com/blogs/early-lead/wp/2014/04/26/clippers-owner-donald-sterling-tells-girlfriend-not-to-bring-black-people-to-games-disses-magic-johnson/. Mr. Sterling has a ….

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Termination Decisions based on Stereotypes & Disability

Termination Decisions based on Stereotypes & Disability By: Alicia Olivares Employers are prohibited from making adverse employment decisions based on stereotypes and generalizations associated with the individual’s disability rather than on the individual’s actual characteristics. Rodriguez v. ConAgra Grocery Products Co. (5th Cir. 2006) 436 F.3d 468, 480-482. Recently, the ….

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CALIFORNIA EMPLOYERS CAN NO LONGER RETALIATE AGAINST EMPLOYEES FOR REPORTING UNLAWFUL ACTIVITY AS PART OF THEIR REGULAR JOB DUTIES

CALIFORNIA EMPLOYERS CAN NO LONGER RETALIATE AGAINST EMPLOYEES FOR REPORTING UNLAWFUL ACTIVITY AS PART OF THEIR REGULAR JOB DUTIES Over the years, a body of federal caselaw developed that eroded protection for employees opposing unlawful conduct. These cases held that an employee whose job duties required that they report illegal ….

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EXTENDED MEDICAL LEAVE: HOW TO PRESERVE YOUR HEALTH WITHOUT RISKING YOUR JOB WHEN FMLA IS NOT ENOUGH.

EXTENDED MEDICAL LEAVE: HOW TO PRESERVE YOUR HEALTH WITHOUT RISKING YOUR JOB WHEN FMLA IS NOT ENOUGH. You have used up all of your 12 weeks of FMLA leave. You have no vacation time left and no more sick days, but due to a mental or physical condition, you are ….

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