Category Archives: Employment

What is Disparate Impact Discrimination?
Let’s say that a company had to hire workers. To find these employees, they only advertise and promote the job openings, at college career festivals. Is there anything wrong with doing this? On the surface, it would seem this is fine. An employer can advertise jobs wherever and however it wants to, and everybody… Read More »

Can Your Employer Discriminate Against You Because of Your Height?
Many of us tend to obsess over our height. At work, we would hope, height doesn’t matter. But does the law protect people who are not tall, or for that matter, people who may be abnormally tall? Does being short (or shorter), or very tall, entitle a worker to some protection at work, and… Read More »

The ADA and “Invisible Disabilities”
When we think of a disability that would be covered by the Americans with Disabilities Act (ADA), we often assume that if someone is disabled, we’ll know it—we’ll be able to see it or recognize it. But that’s not always the case. There are a number of disabilities which are often referred to as… Read More »

Pregnancy and Post-Birth Protections at Work for the New Mother
If you are a soon to be new mother you’ve got a lot of new changes in store. But those changes aren’t just at home. They also have to do with work, and understanding how the law protects you, and the time you need for your pregnancy and to care for your newborn. Pregnancy… Read More »

Genetic Discrimination at Work is Illegal
We probably can guess the categories where discrimination at work is illegal. Gender, sexuality, pregnancy, age, disability, race or nationality, among others, comes to mind. But many people aren’t aware of another area where it is illegal to discriminate against you at work: based on your genetics. Examples of Genetic Discrimination Imagine, for example,… Read More »

California Clarifies What Hours Construction Workers Must be Paid For
The California Supreme Court recently provided some guidance to employees and employers, as to what hours are compensable and what aren’t. The result is somewhat of a mixed bag, but at least, there is some clarity for those who work in the construction field. Work Before or After Work The issues in the case… Read More »

Can You be Punished for Testifying Against Your Employer?
Let’s say that you are at work, minding your own business, and then it comes: you get a notice that you are being called to testify as a witness. That’s not a problem, except for one thing: the Defendant being sued is your employer, meaning that someone has subpoenaed you to provide testimony against… Read More »

What and Who Are Exempt Employees Under the FLSA?
If you are a worker in California, you have the right to be paid for the hours that you work. And, most importantly, the right to be paid extra for any hours that you work as overtime, generally described as more than 40 hours a week. That is all pursuant to the Fair Labor… Read More »

How Much Do You Need to Tell Your Employer About Your Disability?
If you have a disability under the Americans With Disabilities Act (ADA), and you need accommodations for your disability in the workplace, you may have a problem, or at least, a dilemma. On the one hand, you certainly need to tell your employer about your disability, and the nature of your limitations, so your… Read More »

Salaried Workers and Overtime Pay: How Does it Work?
The Fair Labor Standards Act (FLSA) requires, among other things, that workers get paid overtime pay, for any hours worked weekly, over 40 hours a week. With per-hour, hourly paid workers, this is often easy to compute: Just see how many hours a worker has worked, see if it’s over 40 hours, and see… Read More »