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employment law Archives

A few tips on your tips

In California, any tips you receive from a customer or patron are yours to keep. Unlike in other states, employers cannot deduct your tips as a credit against the minimum wage. Tips are fully your property, although you may be required to share the tips with other front-of-the-house employees who served the same customer.

ARE EMPLOYEES ENTITLED TO PAID LEAVE DUE TO COVID-19 PANDEMIC?

The Leigh Law Group represents employees in California and federal employment-related matters. During this unprecedented time coping with COVID-19 and quarantine orders, our clients and potential clients alike have been asking what their rights are, especially relating to leave time. We provide the following information to help you understand the relief and legal protections enacted to address COVID-19. However, the following should not construed as legal advice: if you believe you need an attorney, you should retain legal counsel to avoid missing any potential statute of limitations that may affect your case.

Will California's ban on mandatory arbitration hold up in court?

Assembly Bill 51, which goes into effect on Jan. 1, prohibits employers from requiring, as a condition of employment, that their employees agree to arbitrate all disputes. Companies and employees can still voluntarily enter into arbitration agreements, but employees can't be required to sign them. When they choose not to sign, the employer cannot retaliate. The law does not invalidate existing arbitration agreements.

Would AB 5 prevent truckers from being independent contractors?

When Assembly Bill 5 was signed into law in September, it codified the California Supreme Court's decision in Dynamex Operations West v. Superior Court of Los Angeles County. That decision made it much more difficult to classify workers as independent contractors rather than employees.

Supreme Court to say whether federal law protects LGBTQI people

About half of the states, including California, have state laws that protect people from job discrimination based on sexual orientation and, in many cases, transgender status. But in the rest, the LGBTQI community is not protected from workplace discrimination by state law.

EEOC rules that some targeted advertising is discriminatory

In a recent set of rulings, the Equal Employment Opportunity Commission (EEOC) said there was "reasonable cause" to find that at least seven employers violated federal anti-discrimination laws. These employers allegedly used Facebook's ad targeting system to exclude women and older workers from even seeing job ads from their companies.

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