Firing Employees for Taking Leave to Care for a Family Member May be Illegal
Stanley Vincent worked as a Patrol Officer for the California Highway Patrol for seven years. The Daily Journal reports that Vincent was fired from his job when he took three weeks of leave so he could look for his missing mentally disabled sister. Vincent sued, alleging that the employer's failure to grant his requested...
Firing Employees for Taking Leave to Care for a Family Member May be Illegal Continue reading…Recovering All Wages Due in a Furlough, Layoff or Termination at Work
Q: Because of the Stay-at-Home order in California, my employer has sent me home on a “work furlough” without pay. It has been more than a month and I still have not been asked to go back to work. Is a work furlough a termination? What are my rights? A:...
Recovering All Wages Due in a Furlough, Layoff or Termination at Work Continue reading…Protecting Employee Whistleblowers in these COVID-19 Times
Last week, CNN reported that ten nurses from Providence Saint John's Health Center in Santa Monica, California were placed on administrative leave for demanding N95 masks while treating Covid-19 patients. The nurses were suspended with pay for refusing to enter Covid-19 patient rooms without N95 masks. The hospital told the nurses that...
Protecting Employee Whistleblowers in these COVID-19 Times Continue reading…The Hate Virus: Protecting Asian-Americans from Discrimination Due to COVID-19
As of this writing, the new coronavirus (COVID-19) has infected over two million people globally, and more than 145,000 have died. The outbreak has understandably created worldwide anxiety since the first cases were reported in Wuhan, China in late 2019. But aside from the panic created, the pandemic has also exposed a deep-seated...
The Hate Virus: Protecting Asian-Americans from Discrimination Due to COVID-19 Continue reading…Protecting the “Employee” Status of Gig Workers During COVID-19
Instacart is one of the largest grocery delivery services in the United States. Instacart allows its customers to shop their local grocery using a mobile app or the website. The virtual shopping cart is filled out by an Instacart worker, called a “personal shopper” who goes out to buy the groceries at...
Protecting the “Employee” Status of Gig Workers During COVID-19 Continue reading…Recovering Insurance Payments for Coronavirus Losses
These are challenging times for California small businesses. Restaurants, retail stores, and other services sustained (and continue to sustain) coronavirus-related losses. Their damages resulted from severe business interruption, event cancellation, loss of supply chains, and loss of customers among other damages. However, business owners may seek to obtain payments for losses if...
Recovering Insurance Payments for Coronavirus Losses Continue reading…Employees’ Rights and the Coronavirus, Part 3
Q: I read about severe cases of COVID-19 infections requiring several weeks of recovery. Can the employer fire me while being on leave due to this illness? Do I have remedies? A: The California Family Rights Act (CFRA) protects employees' rights to take a leave of absence due to the serious...
Employees’ Rights and the Coronavirus, Part 3 Continue reading…Employees’ Rights and the Coronavirus, Part 2
Q: I work for a company that provides 40 hours of paid sick leave. This is about 5 days of work. If I ever need to take leave due to COVID-19, 5 days may not be enough. What are my options? A: As of this writing, the recorded cases of COVID-19...
Employees’ Rights and the Coronavirus, Part 2 Continue reading…Should Employees Be Paid Even if Not Working?
Over a decade ago, four truck drivers sued Wal-Mart claiming Wal-Mart violated California's meal and rest break laws. As part of their job, truckers would travel a wide range of routes, to different locations, hauling different freight. Wal-Mart paid truckers through an “activity-based pay system,” which included pay...
Should Employees Be Paid Even if Not Working? Continue reading…Employees’ Rights and the Coronavirus, Part 1
Q: I am a working parent with a school-age child, who has been sent home due to fears of infection from the coronavirus. My work entails interacting with people throughout the day. I want to take precautions, practice social distancing, and self-quarantine if necessary. However, I am worried about my job. What are...
Employees’ Rights and the Coronavirus, Part 1 Continue reading…Bag Checks at Work Should Be Paid As Hours Worked, Says CA Supreme Court
Amanda Frlekin and others worked for Apple Inc. as retail store employees in its retail stores in California. Apple requires them to undergo exit searches pursuant to its “Employee Package and Bag Searches” policy, which imposes mandatory searches of employees' bags, packages, purses, backpacks, briefcases, and personal Apple technology devices. Failure to...
Bag Checks at Work Should Be Paid As Hours Worked, Says CA Supreme Court Continue reading…Can You Have Two Employers for the Same Job? (And Which of Them Should Pay Back Wages?)
Elvia Jimenez worked as a direct employee for Ameritemps, a temporary employee staffing service. Ameritemps placed Jimenez with U.S. Continental Marketing, Inc. (USCM), a manufacturing company that makes shoe care products. Jimenez was performing a supervisory role as a line lead in USCM's production department, overseeing both temporary and direct employees of...
Can You Have Two Employers for the Same Job? (And Which of Them Should Pay Back Wages?) Continue reading…