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October 18, 2021 | Employment Law

If an Owner-Operator is an Employee Does a Canine Cab Companion Qualify for Benefits?

Assembly Bill 5 (AB5) affects independent contractors throughout California, radically changing 30 years of worker classification and reclassifying millions as employees. It was signed into law effective January 1, 2020.

Of the many challenges to AB5, one has risen to …

September 28, 2021 | Employment Law

Arbitrator Finds Tesla Liable for Workplace Harassment

Melvin Berry worked for Tesla at the Fremont plant for just 17 months.  In that time, he was subject to racial slurs and discrimination from his superiors.  Reporting the behavior resulted in being assigned longer hours and exposure to more …

September 11, 2021 | Employment Law

President Biden Announces COVID Fighting Measures Impacting Employers and Employees

“President Biden is implementing a six-pronged, comprehensive national strategy that employs the same science-based approach that was used to successfully combat previous variants of COVID-19 earlier this year. This plan will ensure that we are using every available tool to …

August 27, 2021 | Employment Law

Are COVID-19 and Anti-Theft Screenings Compensable?

Marta arrives at the warehouse early these days.  There is a line at the door.  She waits with her coworkers for a temperature check before being allowed into the building.  It’s frustrating and there are costs.  She pays more to …

August 17, 2021 | Employment Law

Pregnancy Discrimination in the Workplace and on the Field

On Friday in Tokyo, Allyson Felix, athlete, influencer and mom, won her 11th medal in a career spanning five Olympics. This one was for the 400-meter dash. Standing on the dais with a winning smile, flowers in her left …

August 5, 2021 | Sexual Harassment

Virtual Sexual Harassment and Employee Rights

People often think of sexual harassment in the workplace as a physical or verbal encounter that involves inappropriate advances in the form of touching.  In today’s world, sexual harassment can happen anywhere and through any medium.  As technology and social …

July 21, 2021 | Employment Law

Can Hollywood Productions Require Proof of COVID-19 Vaccination?

In a press release yesterday, DGA, SAG-AFTRA, IATSE, Teamsters and AMPTP announced a short-term agreement to adjust COVID-19 safety protocols that consider vaccines and current scientific understanding of the virus’ transmission.

Fully vaccinated cast and crew will notice changes to …

June 24, 2021 | Sexual Harassment

McDonald’s Case May Set Precedent for Sexual Harassment Claims

According to a federal judge in Missouri, McDonald’s must face claims of sexual harassment and assault brought by a worker from a St. Louis franchise (Johnson v. McDonald Corp, et al. No. 4:20-CV-1867 (E.D. Mo. June 3, 2021)).

The plaintiff …

June 16, 2021 | Employment Law

Celebrating Pride Month Through Workplace Equality

For the LGBTQ+ community, June marks Pride Month, which commemorates the Stonewall Riots, an event that began to raise awareness about LGBTQ+ equality, rights and issues.  Extensive workplace protections for LGBT people exist under California law, particularly for issues related …

May 28, 2021 | Employment Law

Title: Employee Rights during COVID-19: Safety, Compensation and Paid Leave

Many workers across the state of California still have questions regarding their rights under both state and federal COVID-19 protections for employees, including issues ranging from safety, compensation, paid time off and family medical leave.  Federal and state laws may …