April 8, 2024
Fired After Speaking Up at Work: Retaliation & Whistleblower Protections
Were you fired from your job because you complained about illegal conduct or asserted your legal rights? If so, you may have a wrongful termination claim for retaliation or whistleblowing.…
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April 8, 2024
Navigating PTSD in the Workplace: Legal Rights and Protections
If you have depression, post-traumatic stress disorder (PTSD), or another mental health condition, you are protected against discrimination and harassment at work because of your condition, you have workplace privacy…
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April 8, 2024
Employer Obligations: Attorney Requests for Employment Records Explained
Employers often encounter requests for an employee’s personnel file, whether it’s from current and former employees, creditors, courts, attorneys, prospective employers, or some other source. The most frequent reasons for…
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April 8, 2024
Discussing the Workplace Bullying Law in California
Workplace bullying is defined as repeated, degrading, and abusive conduct at work. Examples of bullying include the use of verbal abuse and epithets, intimidating or humiliating behavior, including offensive jokes,…
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April 8, 2024
The Legal Landscape of Terminating an Employee with a Disability
The Americans with Disabilities Act (ADA) is a federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of living and…
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April 8, 2024
California's ABC Test: Guide to Worker Classification
Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions: A. The worker is…
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April 8, 2024
Termination Statute of Limitations: Winning Wrongful Termination Cases
If you believe you have been wrongfully terminated, you have to file your lawsuit before the statute of limitations expires. The applicable statute of limitations will depend on the state…
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April 8, 2024
California Workers Compensation Law: Everything You Need To Know
California workers' compensation law is a system focused on employment-related injuries and illnesses that arise from the employment relationship regardless of fault. Workers' compensation is based on a no-fault system,…
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April 8, 2024
The Legalities: Can a Company Layoff and Hire at the Same Time?
Laying employees off is never a pleasant experience. At times, layoffs are necessary for a business to maintain continuity through lean times. However, there may be instances when a company…
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April 8, 2024
Protecting Your Rights: California's WARN Act and Mass Layoffs
Because of worker mistreatment, the government enacts labor laws to protect employees. One of these laws, the California Worker Adjustment and Retraining Notification (WARN) Act, protects workers when companies plan…
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April 8, 2024
California's On-Call Pay Regulations: Fair Compensation Laws
In California, non-exempt employees may be entitled to “on-call” or “standby” pay for hours spent not working, but still under their employer’s control. State labor laws give you a right…
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February 28, 2024
Severance Pay in California
When it comes to employment, severance pay can be an important part of an employee’s financial security. In California, severance pay is a legal right that is determined by the…
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February 28, 2024
California Independent Contractor vs. Employee
In the intricate world of California labor law, few distinctions hold as much weight as the classification of workers as independent contractors or employees. This classification has far-reaching implications, impacting…
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January 29, 2024
California Furlough Laws
A furlough is a mandatory temporary unpaid leave of absence from which the employee is expected to return to work or to be restored from a reduced work schedule. Furloughs…
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January 29, 2024
Can My Employer Refuse Time Off For Surgery
Employers may deny a medical leave request that would cause significant difficulty or expense, unless the employee has a right to leave under the Family and Medical Leave Act (FMLA),…
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January 26, 2024
How Mileage Reimbursement Works in California
Mileage reimbursement in California may not initially pique your interest, but if you have ever hit the road for work, you will recognize its importance. In this guide, we will…
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January 18, 2024
Minimum Wage in Modesto California
What is minimum wage? Minimum wage refers to the minimum hourly rate of pay which employees must be paid for their work. This rate varies depending on your city or…
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January 18, 2024
Minimum Wage San Luis Obispo
What is minimum wage? Minimum wage refers to the minimum hourly rate of pay which employees must be paid for their work. This rate varies depending on your city or…
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January 18, 2024
Milpitas Minimum Wage 2024
What is minimum wage? Minimum wage refers to the minimum hourly rate of pay which employees must be paid for their work. This rate varies depending on your city or…
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January 18, 2024
Pasadena Minimum Wage
What is minimum wage? Minimum wage refers to the minimum hourly rate of pay which employees must be paid for their work. This rate varies depending on your city or…
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December 26, 2023
How to File a Wage Claim in California: Your Rights Protected
Navigating the complexities of workplace compensation can be challenging, especially when you suspect you are not receiving what you are rightfully owed. If you are working in California and find…
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December 25, 2023
California Mandatory Overtime Laws Explained
We can all relate to going the extra mile when it comes to our jobs, but what happens when that additional mile becomes overtime? In California, one of the aspects…
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November 28, 2023
California Family Rights Act: Your Questions Answered
Family is important, and so is taking care of your loved ones when they need it the most. In California, the California Family Rights Act (CFRA) plays a pivotal role…
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November 27, 2023
State of California Pre-Employment Drug Testing 2024
Whether you are an employer or a job seeker, the State of California pre-employment drug testing for 2024 is a topic that deserves your attention. California is known for its…
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October 23, 2023
California Job Abandonment: Legal Insights and Consequences
If you have found yourself here, you have probably heard of the California job abandonment crisis. Perhaps you are a company owner dealing with an unforeseen job opening or a…
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September 28, 2023
On-Site Property Manager Compensation
When it comes to the world of real estate management, the term "on-site property manager compensation" is one that piques everyone’s curiosity. How do these professionals get paid? What factors…
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September 26, 2023
PTO Payout California
There is no legal requirement in California for an employer to provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy,…
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September 26, 2023
National Employment Law Project
The nonprofit National Employment Law Project (NELP) is a leading advocacy organization with the mission to build a just and inclusive economy where all workers have expansive rights and thrive…
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September 22, 2023
Your Guide to Reliable Employment Background Checks in California
When it comes to landing that dream job or finding the ideal candidate for your company, understanding the ins and outs of employment background checks in California can make all…
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September 21, 2023
What is California’s Law on Independent Contractors?
In the ever-evolving landscape of employment regulations, the California standard for determining what workers qualify as independent contractors stands out as a crucial topic that impacts both businesses and workers.…
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September 19, 2023
What If An Employer Cannot Accommodate Work Restrictions California
California employers have a legal duty to make reasonable accommodations for your disabilities to help you perform your essential job duties. Failure to accommodate can be the grounds for a…
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September 15, 2023
Waiting Time Penalties California
Under California Law, employers are required to pay wages immediately to employees who are terminated or who resign with 72-hours notice in a final paycheck. Otherwise, employers are liable to…
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August 28, 2023
Pregnancy Disability Leave In California
Parenthood is a remarkable journey, and for working mothers in California, it's crucial to have the necessary support to balance career and family life. One aspect that deserves special attention…
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August 23, 2023
At-Will Employment In California
If you're an employee in California, it's essential to be aware of your employment rights. One significant aspect of employment law that affects both employers and employees is "At-Will Employment."…
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July 28, 2023
The Ultimate CFRA Eligibility Checklist
Welcome to Freeburg & Granieri, APC's comprehensive guide to the CFRA Eligibility Checklist. If you're an employee or employer in California, it's crucial to understand the rights and benefits offered…
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June 27, 2023
California Layoff Laws: Employee Rights and Legal Protections
Overview of California's Layoff Laws California's layoff laws are designed to protect the rights of employees during workforce reductions and layoffs. Understanding these laws is crucial for both employers and…
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June 12, 2023
Do You Have To Sign A Write Up At Work?
If an employer believes a worker has failed to perform the duties of a job, the employer may choose to record the worker's performance in the worker's employee file. Often…
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June 8, 2023
Can You Be Fired While On Intermittent FMLA
Yes, it is possible to be fired while on intermittent FMLA leave - but an employee cannot be fired for requesting or taking FMLA leave. An employee cannot be fired…
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June 8, 2023
Non-Solicitation Agreement California
An employee non-solicitation agreement, also known as non-interference or non-competition agreement, can be found in all types of employment contracts including employment offer letters and severance contracts. Such promises can…
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May 30, 2023
Reverse Discrimination
Discrimination and harassment have been long-standing societal issues, with marginalized groups often experiencing unequal treatment and limited opportunities. However, reverse discrimination has emerged recently, causing heated debate and controversy. Reverse…
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May 26, 2023
Constructive Discharge
Constructive discharge is a type of termination that occurs when an employee is forced to resign due to intolerable working conditions created by their employer. This type of termination is…
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May 5, 2023
Creative Exemption
This blog post provides information on the exemption from minimum wage and overtime law provided by the Fair Labor Standards Act (FLSA) and California law, as applied to creative employees.…
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May 5, 2023
Professional Employee Exemption
This blog post provides information on the exemption from minimum wage laws and overtime pay provided by the Fair Labor Standards Act (FLSA) and California law as applied to professional…
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May 5, 2023
Administrative Exemption
This blog post provides information on the exemption from minimum wage laws and overtime pay provided by the Fair Labor Standards Act (FLSA) and California law, as applied to administrative…
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May 5, 2023
Executive Exemption
This blog post provides general information concerning the Fair Labor Standards Act (FLSA) and California overtime exemption for Executive Employees. California law and the FLSA require that most employees in…
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May 5, 2023
Inside Sales Exemption
This blog post provides general information concerning the Fair Labor Standards Act (FLSA) and California law overtime exemption to retail or service establishment employees who are paid on a commission…
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May 5, 2023
Outside Sales Exemption
This blog post provides information on the exemption from minimum wage laws and overtime pay provided by the Fair Labor Standards Act (FLSA) and California law, as applied to outside…
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May 5, 2023
Computer Exemption
The Fair Labor Standards Act and California law require overtime payment to all employees unless their work fits within one of the statute’s exemptions. The burden of proof for establishing…
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April 27, 2023
Administrative Leave
Administrative leave, also known as paid or administrative absence, is a temporary break from work granted to employees by their employers. This type of leave is usually given to employees…
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April 18, 2023
Hazard Pay
Hazard pay has recently become a topic of great interest, especially during the ongoing COVID-19 pandemic. It is a concept used in various industries to compensate workers who perform risky…
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March 22, 2023
Quid Pro Quo Harassment
Quid pro quo harassment is a type of workplace harassment that involves an employee being subjected to unwanted attention, advances, or requests by someone in a position of power. This…
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March 17, 2023
Employment Contract Lawyer
If you're an employee, it's essential to understand the terms of an employment contract before signing it. An employment contract outlines your rights, responsibilities, and obligations as an employee, and…
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February 21, 2023
How Long is Maternity Leave in California?
California has some of the most comprehensive maternity leave laws in the United States. These laws are designed to provide new parents with the time they need to bond…
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February 21, 2023
Know Your Rights: A Guide to Employee Rights During HR Investigations
As an employee, it is important to understand your rights when faced with an HR investigation. Knowing your rights can help you defend yourself from any unfair treatment and give…
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February 21, 2023
Conducting HR Investigations
Human resource investigations can be daunting and complex tasks. Navigating the nuances of a sensitive investigation without compromising on fairness and accuracy requires a thorough understanding of the process. This…
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February 21, 2023
HR Complaints about Managers
If you are the manager of a department, team, or company and you have staff working under you, you know that not every day is going to be perfect. Your…
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December 15, 2022
Part-Time Unemployment California
Workers whose hours have been cut and are now working part-time, or those who have been laid off temporarily, may be eligible for unemployment benefits in California. California's Unemployment Insurance…
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December 15, 2022
Examples of Good Cause in Voluntary Quit California
If you quit your job voluntarily, without good cause, you will not be eligible for unemployment benefits in California. However, if you are forced out or have good cause to…
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December 15, 2022
Use it or Lose it Vacation Policy California
There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice,…
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December 12, 2022
How To Sue Your Employer For Unpaid Wages
Payment of wages is governed by federal and state laws and regulations. Each of these sets of rules is extensive, and the interplay among them is complicated. If your employer…
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December 12, 2022
Unpaid Overtime - Under Federal Law
Unpaid overtime is money an employee earned by working more than 40 hours in a week for which their employers fail to pay. An employer who requires or permits an…
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December 12, 2022
Affairs At Work Employment Law Impact
An affair at work can refer to any personal relationship between two of your employees. Office romances are almost inevitable, not only due to the number of people working closely…
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November 18, 2022
Pregnancy Laws California
California's pregnancy disability leave law protects employees against discrimination or harassment because of an employee’s pregnancy, childbirth, or any related medical condition. Employees also have federal rights to leave for…
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November 18, 2022
Workplace Retaliation
Workplace retaliation occurs when an employee engages in an Equal Employment Opportunity (EEO), California Fair Employment and Housing Act (FEHA) protected act, or opposes an illegal employment practice and experiences…
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November 18, 2022
Furlough vs. Layoff
Employee compensation is one of a company’s most significant expenses. This is why employers must sometimes make the difficult choice to either furlough or lay off workers when faced with…
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November 2, 2022
Terminating Employee Not Eligible For FMLA Leave
The Family and Medical Leave Act (“FMLA”) is a federal law that applies to employers that have a certain number of employees. Under this law, eligible employees are entitled to…
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November 2, 2022
HR Complaints
Human Resources (HR) is often the first place employees go when they have issues with their company, but that doesn’t make handling HR complaints any less challenging for dedicated HR…
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October 27, 2022
Everything You Need to Know About California Final Pay Laws
Ending an employment relationship is never easy. California’s Labor Code can make ending the employment even more difficult with the very specific rules that must be followed regarding when final…
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October 26, 2022
Can I Quit My Job While On Medical Leave?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 work weeks of unpaid leave a year, and requires group health benefits to be maintained during the…
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October 26, 2022
Can FMLA be Extended Beyond 12 Weeks?
The Family and Medical Leave Act (FMLA) of 1993 was intended to help families balance work and home responsibilities by requiring covered employers to provide up to 12 weeks of…
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October 26, 2022
Requesting Personnel File After Termination
Did you know your employer is required by law to document certain information about you, including your wages, hours, payroll records, workplace injuries, and illnesses, tax withholding, as well as…
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September 27, 2022
California Fair Pay Act
You might think a workplace is a neutral place where gender, race, religion, age, and other personal differences are irrelevant. However, if you look closer, it’s evident that these factors…
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September 25, 2022
Split Shift California Laws: Your Ultimate Resource
Have you ever heard of the term "Split Shift” in California? If you are an employee in the Golden State, this is something you should definitely be aware of. It's…
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September 25, 2022
Can You Work While on CFRA Leave in California? A Comprehensive Guide
California's employment laws provide robust protections for workers, including the right to take leave under the California Family Rights Act (CFRA). This article aims to provide an extensive and detailed…
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August 19, 2022
Holiday Pay in California: What You Need to Know
In recognition of the holidays, employees are often given time off with pay and other benefits. If you work in California or another state, your company may provide additional employee…
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July 26, 2022
What is Premium Pay in California?
In California, employers must provide workers meal, rest, and recovery breaks. Employers that fail to provide uninterrupted, Code compliant meal, rest, and recovery breaks must pay workers premium pay. The California…
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July 21, 2022
Can you Sue for Wrongful Termination?
Whether it’s due to a personality clash with your boss, a misunderstanding, or something else entirely, being fired from a job can feel like a personal affront. You may even…
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July 18, 2022
How much does an employment attorney cost
How Much Does An Employment Lawyer Cost? If you have recently had a dispute with your employer or employee, you may need to hire an employment lawyer. Employment attorneys can…
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July 18, 2022
Pasadena Employment Attorney
Freeburg & Granieri, APC: Pasadena Employment Lawyer Freeburg & Granieri, APC, is a law firm based in Pasadena, CA, offering legal representation in employment law for employers and employees alike…
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July 18, 2022
COVID-19 Supplemental Paid Sick Leave is Still Required
Unfortunately, COVID-19 is still here and impacting the workplace, and employees are still entitled to paid sick leave if they or a covered family member is exposed to COVID-19. The…
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July 18, 2022
FEHA Statute of Limitations
When it comes to the legal system, statutes are laws that have a specific scope and application. Statutes of limitations are time limits for filing a lawsuit or criminal prosecution…
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July 18, 2022
FMLA Statute of Limitations
If you’ve been injured at work, it can be tempting to file a lawsuit right away. After all, if you don’t act quickly, you might lose your right to take…
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July 18, 2022
EEOC Statute of Limitations
The Equal Employment Opportunity Commission (EEOC) is an organization that promotes equal opportunity in the workplace and investigates discrimination claims. If you feel your employer has mistreated you based on…
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June 17, 2022
What is a Non-Compete Agreement?
While it is not illegal for employers to lay off their employees, employees have rights. If you have been part of a layoff, it is important that you understand your…
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May 19, 2022
California Employment Termination Checklist
Being prepared for employee termination is one of the best practices for a business. This post will help enable employers to be in compliance with different laws pertaining to termination…
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May 13, 2022
Labor Code 226
Overview of Labor Code Section 226 California Labor Code Section 226 requires employers to provide employees with an accurate itemized wage statement every pay period or every two weeks, which…
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May 13, 2022
The Ins and Outs of the California Family Rights Act and Other Protected Leaves
The California Family Rights Act ("CFRA") authorizes eligible employees to take up a total of 12 weeks of unpaid job-protected leave during a 12-month period. While on leave, employees keep…
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December 27, 2021
Labor Code Section 132a and FEHA Disability Claims
When an injured worker suffers an adverse employment action (termination, demotion, transfer, etc.), worker’s compensation counsel often file a Labor Code § 132a claim, alleging that the adverse employment action…
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December 22, 2021
Covered Employers Must Establish A Written COVID-19 Vaccination Policy
As we previously discussed, the 6th Circuit Court of Appeals lifted the stay on the federal Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) regarding COVID-19 in the…
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December 20, 2021
Vaccinate or Test Mandate is Back – For Now
On December 17, 2021, the 6th Circuit Court of Appeals lifted the stay on the federal Occupational Safety and Health Administration (“OSHA”) rule requiring employers with 100+ employees to ensure…
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December 17, 2021
2022 Changes to California Employment Laws, Part 2
The start of a new year always brings about changes to California law. The following is the continuation of highlights of 2022 changes to California’s employment laws of which you…
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December 13, 2021
How Should Employers Respond When An Employee Tests Positive For COVID-19?
Employers may be left scratching their heads regarding how to respond when an employee tests positive for COVID-19. While employers should prepare themselves for the ETS being upheld, they may…
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December 10, 2021
2022 Changes to California Employment Laws, Part 1
The start of a new year always brings about changes to California law. The following are the highlights of 2022 changes to California’s employment laws of which you should be…
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November 29, 2021
Lawyaw Case Study - How Lawyaw and Clio Help this Law Firm Simplify their Court Forms Filing Process
Christy Granieri recently participated in a case study to help educate other attorneys on how Freeburg & Granieri, APC uses technology like Lawyaw and Clio to make the firm’s processes…
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November 22, 2021
What You Need to Know About Holiday Bonuses: Discretionary vs. Non-Discretionary
With the holiday season in full swing, employers may be preparing to provide their employees with gifts or bonuses. Whether a bonus is discretionary or nondiscretionary has important legal ramifications.…
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November 5, 2021
OSHA Issues Its Emergency Temporary Standard Mandating COVID-19 Vaccination Or Testing For Employees Of Employers With At Least 100 Employees
The Occupational Safety and Health Administration (“OSHA”) has released its emergency temporary standard (“ETS”), which will be published in The Federal Register on November 5, 2021. We previously discussed President…
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October 25, 2021
Employers With At Least 100 Employees Will Soon Be Required To Mandate COVID-19 Vaccinations Or Weekly Testing
On September 9, 2021, President Biden released his six-pronged “Path Out Of The Pandemic” COVID-19 action plan. The purpose of the action plan is to increase the number of vaccinated…
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October 8, 2021
Join Christy Granieri At The Clio Cloud Conference
Join Christy Granieri at the Clio Cloud Conference as she speaks about Lessons Learned from Starting a Law Firm on October 28, 2021 at 1:45-2:15 pm. Other speaks at Clio…
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September 3, 2021
Join Christy Granieri In a Webinar To Learn More About E-Filing
Are you looking for a more sustainable and convenient solution for filing your court documents? Join Christy Granieri as she speaks on a Clio-hosted online meetup on September 15, 2021…
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August 27, 2021
Should Your Business Have an Alternative Work Schedule?
With offices returning to in-person work after a year of working remotely, many employees are mourning the loss of the freedom and flexibility provided by work-from-home policies implemented during the…
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August 17, 2021
Can Employers Require Employees to Get the COVID-19 Vaccination?
As America gets back to in-person work, a major question looms: Can employers require employees to be vaccinated against COVID-19? The short answer is: yes!
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July 29, 2021
President Biden Issues Executive Order Requesting Prohibition of Non-Compete Agreements
On July 9, 2021, President Joe Biden issued Executive Order 14036 (“EO 14036”), which seeks to broadly promote competition in the workplace nationwide. EO 14036 identifies non-compete agreements in the…
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July 23, 2021
California Employees are Entitled to the Highest Minimum Wages in the Country
California has the highest minimum wage in the country. While momentum is building to increase the federal minimum wage, which is currently $7.25 per hour, the federal minimum wage has…
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July 19, 2021
California Supreme Court Clarifies How to Calculate Premium for Missed Meal Periods and Rest Breaks
On July 15, 2021, the Supreme Court of California issued its ruling in Ferra v. Loews Hollywood Hotel, LLC, holding that an employee’s “regular rate of compensation” for purposes of…
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July 14, 2021
California Employees are Entitled to the Timely Payment of Wages at End of Employment
The California Labor Code imposes obligations on employers regarding the payment of final wages and provides penalties if the employer fails to comply. Regardless of whether an employee resigns or…
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June 30, 2021
THE U.S. DEPARTMENT OF EDUCATION SAYS THAT TITLE IX PROTECTS TRANSGENDER STUDENTS
LGBTQIA+ students once again have protections under Title IX. On June 16, 2021, the U.S. Department of Education’s Office of Civil Rights (“OCR”) issued a Notice of Interpretation explaining that…
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June 18, 2021
What to do if You Have Been Injured in a Motor Vehicle Accident
What do you do when you have been in an accident??You should immediately call an attorney after contacting the police so you have a chance to discuss the matter with…
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June 16, 2021
California Employers Have to Continue to Follow Cal/OSHA Covid-19 Protocols
Even though California reopened on June 15, 2021, California employers, in many instances, must continue to require all employees to wear face masks at work – at least for now.…
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June 9, 2021
Introducing Anton Swain-Gil
Freeburg & Granieri, APC is pleased to announce that Anton Swain-Gil has joined the firm as an associate. Anton brings years of litigation experience and has handled both individual claims…
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May 14, 2021
Rounded Time Cannot Be Used to Determine If Timely Meal Periods Were Given
In Donohue v. AMN Servs., LLC, 11 Cal. 5th 58 (2021), the California Supreme Court held that a company cannot use timeclock rounding when evaluating whether an employee was provided…
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May 12, 2021
California Employers Still Must Require Masks in the Workplace
Based on Cal/OSHA’s rules, employers should continue to require all employees, even those working outside, to wear masks.
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May 5, 2021
DOL Changes Independent Contractor Rule
The U.S. Department of Labor (“DOL”) officially withdrew Trump-era independent contractor rules that made it easier for businesses to classify workers as independent contractors instead of employees under the federal…
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April 30, 2021
Businesses Can Get a Tax Credit for Providing COIVD-19 Vaccination Paid Leave
To encourage more widespread vaccinations, the federal government has announced a paid-leave tax credit for employers that provide full pay for employees who take time off to get and/or recover…
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April 26, 2021
Employees are Still Entitled to Paid COVID-19 Sick Pay
While vaccine distribution is ramping up, the COVID-19 pandemic is still ongoing, employers still need to comply with COVID-19-related laws including, but not limited to, giving California employees paid time…
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April 23, 2021
Layoffs Could Require Notices to Employees
While it is not illegal for employers to lay off their employees, employees have rights. If you have been part of a layoff, it is important that you understand your…
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