San Francisco Employment Law Firm Blog

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Discusses employment law news, opinions and legislation in California.

Author: Arkady Itkin is a solo practitioner in San Francisco.

Blawg Related Categories: Labor & Employment • States • California • Solo / Small Firm

Recent Posts from San Francisco Employment Law Firm Blog

Terminating One Employee and Keeping the Other
Terminating an employee can be a difficult and even devastating experience to the terminated worker, but it's also not an easy decision for the manager / employer charged with the duty of retaining and discharging…
Wrongful Termination: losing rights due to bad advice
Recently, one of my clients referred to me his former colleague. After having a long conversation with him, it became clear to me that he was a victim of blatant disability discrimination and retaliation for…
California Employment Law: Why Employers Violate Overtime Laws
For a while I could not understand why so many employers violate basic overtime laws. After all, these laws are not rocket science, and plenty of resources are available for employer to understand and make…
Advice to Employers: Fighting Unemployment Benefits of an Employee Might Be a Mistake
Employers who terminate employees routinely fight the award of unemployment benefits if they feel that the employee was terminated for cause or for misconduct and should not receive unemployment compensation, which results in increasing the…
Employers' Obligations to Prevent and Remedy Sexual Harassment
The leading opinion on the issue of employers' obligation to remedy workplace sexual harassment of a victim by his co-workers, is the ninth circuit case Ellison v. Brady (1991). In that case, the court carefully…
Constructive Disharge - Read This Before Your Resign
An employee who feels harassed, discriminated or otherwise treated unfairly at his workplace may learn the term "constructive discharge" from his co-workers or from doing his own research, and will assume that quitting a job…
San Francisco Employment Lawyer: Preserving Your Retaliation Claims
One of the challenging in proving the workplace retaliation claim against an employee is showing a nexus - a connection between the employee's protected activity and the adverse employment action taken by the employer against…
San Francisco Minimum Wage and Overtime Laws
On February 23, 2004, the City of San Francisco established a minimum hourly wage for the employees pursuant to Administrative Code section 12R (the Minimum Wage Ordinance or MWO). Under MWO section 12R.4, San Francisco…
How Employers Discriminate and Retaliate Against Empoyees
The California courts have long recognized that fact that direct evidence of discrimination or retaliation at workplace is rarely available. Employers whose mindset and who actions are discriminatory will rarely admit it to other or…
California Law on Wages: Meal Breaks Explained
Under California Labor Code and a number of orders of the Industrial Welfare Commission, almost all employees (with few exceptions), who work for over 5 hours are entitled to a meal break of at least…