Under California law, employers may not discriminate against an employee because of his/her mental disability. Bipolar disorder is considered a mental disability under California law. As such, an employer may not pay lower compensation to or terminate the employment...
Exclusively Employment Law
Month: September 2018
In the News: EEOC Sues Golden Corral for Firing Employee with Epilepsy
According to The National Law Review, the EEOC has sued a Golden Corral franchisee in Georgia for allegedly violating the federal Americans with Disabilities Act (the "ADA"). The Golden Corral franchisee allegedly terminated a server because she was "unwilling or...
In the News: Former UCI Vice Chancellor Under Fire
According to the Los Angeles Times, a campus review found that Thomas A. Parham, a former UC Irvine vice chancellor, "violated university nondiscrimination policies by refusing to pay an assistant vice chancellor and the directors of two campus centers as much as male...
When Maximum Leave Policies Are Illegal
Does your employer have a maximum leave policy? A maximum leave policy is when an employer sets a cap or a “maximum” on the amount of leave that you are permitted to take (e.g., six months). If you exceed that “maximum,” the maximum leave policy typically provides...
“Comp” Time: It’s Complicated
Compensatory time off, or “comp time,” is the practice of permitting non-exempt employees to take extra time off in lieu of receiving overtime compensation. Comp time is legal in California – but only if employers comply with several stringent requirements under...
In the News: The Downsides of an Expanding Gig Economy
According to The Atlantic magazine, "[i]n 2016, the World Bank estimated that the global market for online freelancing was $4.4 billion." And "while freelance websites may have raised wages and broadened the number of potential employers for some people, they’ve...
In the News: “Subtle Discrimination” in the Workplace
According to CNN Money, "'subtle discrimination'" can "create a hostile work environment and make it difficult for some workers to do their jobs." Read the full article, entitled "Can eye contact or weird looks count as discrimination?," here. If you believe that you...
California Labor Code Section 970: Job Relocation Regrets
Originally Published on September 3, 2018; Revised on August 10, 2021 You quit your job in Washington D.C. and moved all the way to California so that you could start working at your current job. Unfortunately, once you started working, you realized that the job is...
Can I take time off for alcohol or drug rehabilitation?
California Labor Code Sections 1025 to 1028 (“California’s Alcohol and Drug Rehabilitation Law”) provide that if your employer has twenty-five or more employees, your employer must provide you unpaid time off so that you can participate in an alcohol or drug...
In the News: The Plight of 55-Plus Workers
According to The San Diego Union-Tribune, individuals who are 55 and older "remain out of work longer than their younger peers when they lose a job. Their hourly pay also starts to decline as they enter their 60s, regardless of how much education they have." Read the...