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There is a growing trend among employment rights advocates, legislatures, and some courts to weaken the power of employers to force employees into arbitration agreements. While such agreements are enforceable under many circumstances, there are cases where forced arbitration clauses have been rejected as unconscionable. In 2022, the U.S. Congress passed a law to protect…

In California, both public and private employees injured on the job are entitled to workers’ compensation insurance coverage. This coverage is designed to pay all or part of their wages while they are recovering from work-related injuries. However, to receive these benefits, employees must adhere to specific rules and guidelines, including attending medical appointments and…

When an employee brings a discrimination, harassment, or retaliation lawsuit, the employee and their employer often undergo discovery, through which both parties share relevant evidence with the opposing party. The law allows a few exceptions to discovery requirements, including attorney-client privilege and work product doctrine. A party does not have to share confidential communications with…

Under California law, employees who wish to bring a claim for employment discrimination, harassment, or retaliation must exhaust their administrative remedies before filing a lawsuit in state court. To exhaust their remedies, employees must first file a complaint with the California Department of Fair Employment and Housing, which investigates the claim. Following an investigation, the…

In California, certain construction employees are entitled to at least minimum wage compensation for “hours worked” under the Industrial Welfare Commission (IWC) Wage Order Number 16. The IWC also provides for compensation for “employer-mandated travel.” However, these definitions are not always clear-cut. For example, employees in the construction, drilling, logging, and mining industries often spend…

Typically, a workers’ union will negotiate with an employer for a collective bargaining agreement, which specifies the terms and conditions of employment. Most agreements prohibit either the union or the employer from changing a work policy without engaging in the bargaining process. When an employer unilaterally adopts a new policy, the union may file a…

Misappropriation of trade secrets refers to sharing a company’s confidential business information, typically with a competitor. An employer may bring a lawsuit accusing an employer of misappropriating trade secrets. Typically, an employer will seek relief that orders the employee to stop sharing trade secrets. Additionally, an employer will seek attorney’s fees for the costs it…

In a claim of employment discrimination, harassment, or retaliation, the parties may submit social media posts as evidence before the court. For example, a person’s social media posts may contain direct threats against a colleague or refer to them using discriminatory language. However, if the colleague posts to their private social media account rather than…

When an employee begins a new job, their employer will likely require them to sign an arbitration agreement. Should a dispute arise between the employee and employer, the agreement will require the parties to resolve their dispute through an arbitrator rather than a court. Too often, arbitration agreements give employers an unfair advantage by stipulating…

When employees fall ill, they are too often faced with the difficult choice of showing up to work sick or foregoing wages. Fortunately, many employers offer paid sick leave to protect employees’ health and income. Paid sick leave allows an employee to stay home and recover from an illness without worrying about lost wages. Recently,…