Category Archives: Employment
Your Rights to Access Your Employee File at Work
You may not know this, but your employer has, or is supposed to have, a file on you as an employee. And in fact, your employer must retain your file, even for three years after you leave employment with the company. But many employees don’t know what is contained in an employee file or… Read More »
Do You Have to be Paid for Onboarding or Training at Work?
Let’s say you are starting a new job. Like any new job, there is an onboarding process. That may include paperwork to be filled out, training videos to watch, testing, evaluations, background checks, or other procedural steps, to officially begin working at your job. But do you have to be paid for that time?… Read More »
🎄Company Holiday Parties: Festive Fun or Legal Minefield?
As the holiday season approaches, many San Jose and Silicon Valley, businesses are planning festive gatherings to celebrate the year’s achievements and foster camaraderie among employees. While holiday parties can boost morale and strengthen workplace culture, they also carry legal risks that employers must carefully navigate under California’s stringent employment laws. Alcohol Liability and Harassment Claims Serving alcohol at… Read More »
Don’t Make These Social Media Mistakes in Your Wrongful Termination Case
There’s an old saying that a picture tells a thousand words. That’s true on social media, where even just a picture has said enough to ruin or damage someone’s employment law case. Yes, it’s Evidence We tend to post on social media without much thought. It’s our account, on our page or site, so… Read More »
Things You May Not Have Known About Punching or Clocking In and Out
Do you punch in and out of work using a time clock? That seemingly straightforward machine or software, or the simple act of punching in and out, actually carries a lot of legal requirements, to make it legal. When employers violate these laws, they could end up owing you money for unpaid hours or… Read More »
Were You Fired for Being Out Sick? You May Have an Unfair Termination Case
If you have a severe disability, the Americans with Disabilities Act (ADA) protects you at work, and prevents you from being fired so long as reasonable accommodations to your job can be made. But what about “just being sick?” In the Middle The reality is that being sick doesn’t put us out of work… Read More »
Secondhand or Secondary Sexual Harassment Claims
Let’s say that you are speaking to a friend that you work with, and he or she tells you that people at work are saying things about you. In fact, they’re doing more than just saying things. They’re talking about your sex life, your body, and other invasive and intrusive and offensive things about… Read More »
Do You Have to Pay for Your Own Uniform at Work?
Uniforms in the workplace are liked by some employees and disliked by others. But when it comes to the law, the legal issue isn’t so much whether you like or don’t like them—it’s whether or not you have to pay for them, out of your own pocket. Employer Pays, but is it a Uniform?… Read More »
Can a Union Bargaining Agreement Limit An Employee’s Right to Sue?
If you are part of a union, your rights in all aspects of your work, may be governed by a collective bargaining agreement, or CBA. That CBA may have provisions in it that address things like making claims for discrimination and harassment, or wage and hour claims. In some cases, a CBA may expand… Read More »
Understanding Split Shifts and Extra Pay
Although we think of work shifts as starting and ending at specific times, that’s not always the case. Many workers have what is known as split shifts. When they do, there may be questions as to when that worker gets overtime pay, and how to calculate their hours. What is a Split Shift? A… Read More »
