• Judge Gavel

    California Supreme Court Opinion New Paradigm in Test for Independent Contractors

    The California Supreme Court just radically altered the test for who is or is not an independent contractor (Dynamex Operations West, Inc. v. Superior Court.)  Whether a worker is an independent contractor, or an employee is the critical question to determine the application of Federal sand State wage and hour laws, jurisdiction of the Division […]

  • Two people hugging

    What Is the Harm of Hugs in the Workplace?

    In recent months, the increasing number of high-profile allegations of sexual harassment and sexual assault has put a spotlight on the charged issue of proper decorum in the workplace. The issue that many employers face, however, is that the line between innocent behavior and offensive behavior can be difficult to draw. That’s why it’s important […]

  • Fair labor

    Steps to Take When You’ve Been Underpaid

    You work hard for your paycheck, and every dollar counts. So you might be surprised to learn that getting underpaid is quite common, and not every employee realizes it’s happening. Employee rights lawyers recommend verifying the accuracy of every paycheck you receive before you deposit it. If you do think you’re being underpaid, talk to […]

  • Businessmen

    What Should You Do If an Employee Makes a Sexual Harassment Claim?

    All sexual harassment claims should be taken very seriously. Even if the employee hasn’t yet filed an official complaint, you should take immediate action. First, contact an employment lawyer in San Jose, CA . He or she can give you the legal guidance that will minimize your company’s liability. When you watch this video, you’ll […]

  • Drug Free

    How Federal and State Laws Impact Marijuana in the Workplace

    Employers in California must be mindful of both federal and state laws. This can get complicated because these laws can evolve frequently, especially when they pertain to marijuana. Although Californians can legally possess and use marijuana for medical and recreational purposes, federal law still classifies it as a Schedule I drug that has no medicinal […]

  • Vote

    When Is Political Speech Allowed at Work?

    In today’s politically contentious landscape, many employees find it difficult to abide by the golden rule: Never discuss politics in the workplace. This can create problems if heated political debates interfere with employees’ job duties and attentiveness to customers. Freedom of expression in the workplace differs from state to state. Employers should check with a […]

  • Football

    Employment Law in the News: Can NFL Players Be Fired Over Protests?

    An intriguing question regarding unlawful termination has been making headlines lately: Are NFL team owners legally able to fire players who use time on the field to protest social injustices? Despite the urgings of the 45 th President, whether or not an NFL owner can let a player go because of protests is a bit […]

  • Pregnant woman

    Can Employers Ask Questions About Intended Pregnancies?

    Legal protections in the workplace have come a long way from previous decades, but some employers still run afoul of employee protection laws, including those regarding pregnancy. Civil rights attorneys in San Jose, CA can offer employment law advice to employees who think they may have been discriminated against based on a protected class, such […]

  • Employee benefits

    Employee Vacation Benefits: What Are Your Rights?

    In California, employers are not legally required to provide paid or unpaid vacation time to their employees. If an employer does have an established vacation time policy, then employment law can regulate it. If you think your employer may have violated your rights with regard to your vacation benefits, consider talking to a labor rights […]

  • Scale

    What is the California Equal Pay Act?

    The California Equal Pay Act exists to ensure that employees are paid the same amount of equal work, regardless of their sex. In 2015, the California Fair Pay Act was introduced to clarify and strengthen provisions set out by the Equal Pay Act. If you have questions about the law, either as an employer or […]