The Garay Law Blog provides news & commentary on developments in labor relations and employment law in California.
Wrongful Termination in California
In the California employment Landscape, wrongful termination is a concern for most employees. Wrongful termination refers to the unlawful dismissal of an employee, wherein the employer violates labor laws, breaches employment contracts, and/or engages in discriminatory practices. Although California provides intensive legal protections for employees, many employers fall short. Wrongful termination can have an impact …
Examples of Conduct the SEC Is Interested In
The Securities and Exchange Commission (SEC) is a regulatory agency in the United States that plays a crucial role in overseeing and enforcing securities laws. The SEC’s mission is to protect investors, maintain fair and efficient markets, and facilitate capital formation. To fulfill this mission, the SEC focuses on monitoring and investigating various types of …
Can You Be Fired If Your FMLA Is Denied?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for specific family or medical reasons. It ensures that employees can take time off work to care for their own serious health condition, a family member’s health condition, or for the birth or adoption of a child …
Similarities and Differences Between Short-Term Disability and FMLA Leave
Short-term disability and the FMLA both offer some form of protection for employees who need to take a leave of absence from work, but each has its own considerations, terms, and requirements. The conditions for taking short-term disability are typically quite different than FMLA qualifications. For example, the FMLA requires employment for 12 months and …
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California Prevailing Wage: Ensuring Fair Compensation for Public Works Projects
In California, the prevailing wage laws serve as a cornerstone for promoting fair labor practices in public works projects. The prevailing wage is the minimum hourly rate, including benefits, paid to workers in a particular locality and trade classification. These laws aim to protect workers from exploitation, ensure fair competition among contractors, and maintain high …
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What Is the California WARN Act?
In times of economic downturn, businesses may face the difficult decision to downsize, restructure, or close their operations. While such actions may be necessary for the survival of a company, they can have a significant impact on employees and their livelihoods. In California, the Worker Adjustment and Retraining Notification (WARN) Act was enacted to provide …
Constructive Discharge – Fired by Conduct: What it Means and Next Steps
Constructive Discharge: Understanding Your Rights in the Workplace In the realm of employment law, constructive discharge is a concept that often raises eyebrows and piques curiosity. It refers to a situation where an employee resigns from their position due to intolerable working conditions created by the employer. Essentially, the employee’s resignation is deemed involuntary, …
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