Negotiating a severance package can be a crucial step when parting ways with an employer. Whether you’re facing a layoff, resignation, or mutual separation, a well-structured severance package can provide financial security during your transition to a new job. In this blog, we’ll discuss the key strategies to successfully negotiate a severance package that meets…
Becoming a mother is a life changing experience, and it brings a set of new responsibilities, especially for working mothers. In California, there are laws in place to support the well-being of both mothers and their babies. One important provision is the right for mothers to take breaks at work to express breast milk. In…
What Law Governs Employers in California? Title VII of the Civil Rights Act of 1964 (which is commonly referred to as “Title VII”) is the federal anti-discrimination statute, which includes provisions pertaining to religion. The state law counterpart to Title VII is the California Fair Employment and Housing Act (“FEHA”). Like Title VII, the FEHA…
The short answer is that it can be one and the same but does not necessarily have to be the same. As with most legal questions, the answer is “it all depends on the facts.” Many employers incorrectly conflate the granting of medical leave with the provision of reasonable accommodation. While there are some circumstances…
The process of letting somebody go is probably one of the most dreadful parts of being an employer. It’s never fun to tell somebody that they are losing their job. Be that as it may, employee terminations are simply a part of running a business, particularly when the employer has more than just a small…
Taking the following steps to create a safe work environment can help limit exposure to potential workplace harassment claims. Develop A Clear and Concise Anti-Harassment Policy Common sense is not very common. Employers sometimes make the mistake of expecting employees to know intuitively what they may or may not do in the workplace. This is…
The Law Protects Older Workers in California There are state and federal laws that provide legal protection to older workers. The federal Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms,…
Workplace harassment is an unfortunate reality for a significant segment of the workforce. According to some surveys, as much as 44% of people have experienced harassment at work. The sad reality is that there are many people who end up in management positions who are unprofessional, unkind, and sometimes just mean. This often creates friction…
Does disability include off-the-clock injuries? For the purposes of anti-discrimination laws, the answer is “yes.” The federal Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”) provide protections to qualified employees who suffer from a disability, regardless of what caused the employee to become disabled. Americans with Disabilities Act According…
In the seminal case of Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244–1245, the California Supreme Court explained that “constructive discharge occurs when the employer’s conduct effectively forces an employee to resign. Although the employee may say, “I quit,” the employment relationship is actually severed involuntarily by the employer’s acts, against the employee’s will….
The California Fair Employment and Housing Act (“FEHA”) has many protections for disabled employees. Among other things, the FEHA requires employers to make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so would produce undue hardship to the employer’s operations. Cal. Gov….
Most folks consider maternity leave and pregnancy leave to mean the same thing and generally understand that both of these mean a leave of absence from work, for some reason having to do with the employee’s pregnancy. Unfortunately, the law is not as simple as it may seem at first blush. The reason for this…
The extraordinary benefits of breastfeeding are well-known, and equally well-established. Breastfeeding is so important that the American Academy of Pediatrics recommends exclusive breastfeeding for the first six months of a newborn’s life, and then continuing breastfeeding while introducing complementary foods until a child is 12 months old, or older. Sadly, most working mothers do not…
