California has famously strong worker protection laws. But every day, big companies regularly sidestep those laws with impunity by forcing employees to sign away the right to sue the employer in California or under California law. Now, with the passage of California Labor Code 925, a new section of the state’s Labor Code, California is sending those companies a clear message: We won't let you get away with it any longer. Newly added Labor Code section 925 prohibits employers from requiring … [Read more...]
Whistleblower Social Media Risks: The Dangers of Posting Before You File
Whistleblower social media use carries real risks. Being a whistleblower can be a lonely pursuit. You uncover wrongdoing by your employer. You report what you found to your supervisor. He tells you to ignore it and go back to doing your job. But you can’t. You’ve discovered that your employer has defrauded the U.S. government out of millions of dollars. You know that ignoring it isn’t the right thing to do. You’re just not sure what your next step should be. You talk to your spouse. You ask … [Read more...]
California Fair Pay Act: New Laws Target Racial Pay Gap and Historical Wage Discrimination
One year ago, California made groundbreaking amendments to its Fair Pay Act as issues of pay equity and the gender pay gap rose to national prominence. Now, two new amendments to the California Fair Pay Act will extend the law’s coverage to address race- and ethnicity-based wage inequity and attempt to undo the effects of decades of pay discrimination. One amendment, Senate Bill 1063, makes it a criminal misdemeanor for an employer to pay employees of one race or ethnicity less than it pays … [Read more...]
Working for Free: Tide Slowly Turning for Long-Exploited Interns and Trainees
Getting a foothold in a new career takes dedication and sacrifice. In many fields it’s expected that new entrants will pay their dues—often, ironically enough, by working for free. While unpaid interns and trainees often do get valuable experience and may even advance their careers, the real winners in these arrangements have always been employers. For decades, entire industries have built their economics on the backs of newcomers who have no choice but to work for free in exchange for necessary … [Read more...]
In Major Employee Victory, 9th Circuit Invalidates Mandatory Concerted Action Waivers
Employees cannot be forced to waive their right to pursue collective legal action as a condition of employment, the US Court of Appeals for the Ninth Circuit held last week. In Morris v. Ernst & Young, the Ninth Circuit declared that engaging in concerted activity is a "core right" guaranteed to employees under the National Labor Relations Act. "This case turns on a well-established principle: employees have the right to pursue work-related legal claims together,” Chief Judge Sidney R. … [Read more...]
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