Employees have many rights in the state of California, which offers some of the strongest protections against employer misconduct in the country. When your rights have been violated by your employer, you should seek legal advice. At Moss Bollinger, we seek to stand up to businesses on behalf of employees. If you feel that your employer has violated your rights, call (310) 982-2291 to set up a consultation. When you meet with an attorney for the first time, it is important to prepare the following: Come With A Clear Explanation Of Your Complaint While many people are unhappy with their employer or feel like they are not being treated well at work, an attorney can only help you if there has been a violation of an existing law. You will therefore need to be as specific as possible about your complaint. It may help you to create personal notes with a timeline of specific dates and…Read More
After all, employees can be held liable by the accidents caused by its employees who are under the influence. In addition, employers are responsible for maintaining a safe environment for employees, who could be at risk if a co-worker is conducting hazardous activities under the influence. Despite these legitimate business concerns, the right to privacy is a fundamental and protected right, and there are limited scenarios in which an employer can legally drug test employees. Federal Regulations – Because it is deemed to be in the public interest, Federal laws require random drug testing programs for jobs that serve certain public security and safety functions. This may extend to California residents who work for federal agencies, such as the Department of Transportation, the Federal Aviation Administration, and the Federal Railroad Administration. For example, air traffic controllers and airplane pilots are subjected to random drug testing. Employers With State Contracts or Grants – The California Government Code 8355…Read More
“Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” – California Labor Code 551. That sounds simple enough, right? That EVERY person in ANY occupation is entitled to one day off in seven. In fact, Labor Code 552 further elaborates that “No employer of labor shall cause his employees to work more than six days in seven.” And Labor Code 553 makes any violation of an employee’s right to a day’s rest a misdemeanor crime. Unfortunately, some employers have looked for every possible loophole to get around these laws. In Mendoza v. Nordstrom, Inc., Supreme Court Case No. S224611 (May 8, 2017), the California Supreme Court was asked to address Nordstrom’s attempts to make two employees work seven consecutive days. The employees are a salesperson and a barista who were asked to cover the shifts of other employees who could not work. As a result, they sometimes…Read More
Recently, Hurricanes Harvey and Irma wreaked havoc on Texas, the Caribbean Islands, and Florida. In addition to the devastating loss of lives, many people were left rebuilding, having suffered damage to total loss of their cars, their homes, and their businesses. Mass events like these serve as a startling reminder that accidents and disasters can hit us at any time, and just how important it is that insurance companies fulfill their obligations to their customers in a prompt and fair manner. Car insurance expert, isolated on white background. An absolutely essential part of helping people get back on their feet is insurance adjusters, who are hired for a wide range of duties relating to resolving insurance claims. Unfortunately, insurance companies often treat their adjusters as they do claimants and try to save every penny they can. This has resulted in legal battles over whether hard working adjusters are “exempt” employees and therefore exempt from receiving…Read More
Vacations are part of the American experience. If you think about it, we start getting vacations in daycare, in elementary school, and through our entire educational experience. So the concept is engrained in the structure of our lives. So when we enter the workforce, we consider it a given that vacation will be a part of the equation. Unfortunately, this isn’t the case for everyone. Vacation time, or Paid Time Off (PTO) is not actually a legal requirement of employers. In other words, with all of the protections afforded employees in California, employers are under no legal obligation to offer PTO. Despite this, many companies do offer PTO, because it would be difficult to stay competitive and attract talented employees without some sort of vacation policy. If an employer has a PTO policy for its employees, it then becomes subject to certain labor laws governing how it treats and pays vacation time. Some significant regulations…Read More
Learning that you’re pregnant is exciting, life-altering news. It can also be time of great anxiety, especially if you are working and want to continue to work. There’s some good news and some bad news. The good news is that state and federal laws offer numerous protections for pregnant employees and employees who have recently given birth. The bad news is that many employees are unaware of their legal rights and some employers will take full advantage of this. That is why if you are pregnant and feel like your employer is making improper decisions about you, you should speak with an attorney. Before you make that call, we want you to be generally aware of the rights of pregnant employees in California. Discrimination Prohibited – Simply put, discrimination due to your pregnancy is a violation of your legal rights. For California employees, Government Code 12940(a) provides that it is “unlawful employment practice” for an employer…Read More
Businesses do wrong by their employees a lot. And they often get away with it. This is because many employees feel like it is easier to throw up their hands than it is to stand up to aggressive bosses who are backed up by expensive lawyers. This is unfortunate, as there are many federal and California state employment laws that are designed to protect employees. This is why if you feel you have been wronged by your employer, you should contact Moss Bollinger. For years, we have fought against big businesses to protect the rights of employees. What Laws Protect Employees? You may be wondering what sorts of wrongs are covered by the law. In brief, they include: Improper Termination of Employment. In California, employees are hired on an “at will” basis. This means that they may be fired without notice and without cause. Despite this, employers are legally prohibited from firing an employee out…Read More
There are few experiences that compare to bringing a child into the world, or meeting an adoptive child for the first time. It is exciting, exhausting, scary, and heart-warming, all at the same time. Further, those first several months of that new relationship are so important, not just for the ever-lasting memories, but because of the indisputable emotional and health benefits that one-on-one time with your new child provide. That is why it is so important for new parents to be able to take leave from work to focus on a new child. It is in the best interest of children to bond with their parents, and it makes parents happier and emotionally healthier to be able to focus on their new child instead of on work. California Baby Bonding Leave The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are state and federal mandates that protect employees who have…Read More
Working in the service industry is tough. Really tough. One of the few things that make rude, unreasonable customers worth it is the tipping. Some days you get a moderate amount of tips, while once in a while you receive an amazing tip from a generous customer. The point is, every dollar you receive in gratuities matters. So this begs a commonly asked question: can your employer take your tips from you? The simple answer to this question is: NO, your employer cannot take your tips. California Labor Code Section 351 states that: No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of…Read More
