Sexual Harassment at Work

WHAT IS SEXUAL HARASSMENT? Sexual harassment is broadly defined as “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature” which is required as a term of an individual’s employment or creates an intimidating, hostile, or offensive working environment. Sexual harassment is a form of gender discrimination and is prohibited in employment under both Federal and Read More

What is Retaliation?

Retaliation is defined as “harming someone because they have harmed you” or, simply put, revenge. In employment, the term retaliation is used to mean “adverse employment action” against an employee who has engaged in “protected conduct.” In order to establish a prima facie case of retaliation, an employee must show each of the following: that the employee engaged in a protected activity; that the defendant subjected Read More

Reasonable Accommodation Rights of Disabled Employees in California

Nationwide, the Americans with Disabilities Act (ADA) protects American workers with disabilities from unfair treatment and discrimination. The California Fair Employment and Housing Act (FEHA) also protects disabled workers and generally provides broader safeguards than the ADA. The FEHA applies to all California employers with five or more employees. The FEHA defines ‘disability’ broadly as any physical or mental Read More

Xenophobia: Race and National Origin Discrimination in the Period of COVID-19

Race, ethnicity and country of origin are immutable characteristics. Individuals cannot alter the circumstances of their birth. Nor should anyone in the United States — a nation built by immigrants from all over the world — be made to feel unworthy because of those circumstances. That’s why California and Federal law prohibits discrimination based on race or national origin during any part of employment, such as Read More

Can My Employer Change the Terms and Conditions of my Employment?

We are facing an unprecedented time as the nation responds to COVID-19. Over the coming months, employee/employer relationships will be changing rapidly. Entire sections of the workforce have been put on hold, while others are changing their job duties to accommodate current needs. Some employees continue to work remotely, while others lose their jobs outright. In this uncertain time, it’s important to know what is Read More

Termination, Lay-Off, Reduction in Force, or Furlough: What’s the Difference?

  As the US continues to grapple with the effects of COVID-19, many businesses have to make difficult decisions regarding their employees. With operations down around the country, many people are finding themselves separated from their employment. In fact, more than 17 million individuals have filed for unemployment benefits during the past few weeks. If you’ve experienced a loss of employment, it’s important to Read More

5 Contract Tips Every Business Owner Should Know

1. Make sure the ESSENTIAL terms are in the contract. For example, are the parties specifically listed, is the price included, are the services to be performed or products sold included, is there a beginning and end date, etc? You would want these terms in here not only so that the parties understand their responsibilities but also because if there is a merger clause, terms not included Read More

What Does Age Discrimination Look Like?

Age discrimination can be subtle or overt.  In fact, some victims don’t even realize they are being targeted for discrimination until after they are terminated. The following are some examples of age-based employment discrimination: Pressuring an older employee to retire whether by constantly asking when he or she plans to do so or by threatening to fire the employee if he or she does not retireForcing an Read More

California’s Lemon Law Protects Consumers

Have you experienced repeated problems with your new or used car, motorcycle, RV, SUV, truck or boat?  If so, you are not alone! Many consumers get stuck with “lemons” every year.  Most consumers don’t know that state and federal lemon laws provide them with consumer protection and compensation for vehicles that fail to perform during the warranty period.  If you have purchased or leased a new or used vehicle and Read More

Four Key Business Entity Types

There are four main types of business entities: Sole Proprietorship, Partnership, Limited Liability Company, and Corporations. Each one has its own advantages and disadvantages. Some are easy and inexpensive to form while others provide you limited liability protection that protects your personal assets from creditor claims and lawsuits. Sole Proprietorship The simplest and least expensive type of business to Read More