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About Michael TrustBackground on attorney Michael Trust’s HR credentials, prior HR experience, and current California employment law practice for employees and employers.
Age DiscriminationExplains California and federal protections against workplace age discrimination and how affected employees can evaluate a potential claim.
ADA vs. FEHA DisabilityCompares federal ADA and California FEHA disability protections, which are broader than their federal counterpart.
Arbitration AgreementsCovers mandatory arbitration agreements in California employment contracts and the Armendariz/Ramirez unconscionability framework.
At-Will EmploymentExplains California’s at-will employment doctrine and its key exceptions, including implied-contract limitations.
Avoidable Consequences DefenseExplains the avoidable consequences defense available to California employers in supervisor sexual harassment claims.
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Background Checks (Employer)Covers FCRA and California background check compliance for employers, including the Fair Chance Act and who bears the cost.
Background Checks (Employee)Explains what employers can ask about a background and when, and confirms employees should not have to pay for a required check.
Breach of ContractCovers breach of employment contract claims for California employees, including breach of written or implied agreements.
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California Family Rights Act (CFRA)Explains CFRA job-protected leave rights available to eligible California employees for family and medical reasons.
Commission AgreementsCovers California’s written commission agreement requirement under Labor Code section 2751 and disputes over unpaid commissions.
Constructive DischargeCovers constructive discharge claims, where intolerable working conditions force an employee to resign in lieu of formal termination.
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Disability DiscriminationCovers disability discrimination claims under FEHA for California employees, distinct from accommodation and leave issues.
Discrimination Defense (Employer)Guidance for California employers on preventing and defending discrimination claims under FEHA and related law.
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Employee Handbook ReviewCovers employee handbook compliance review for California employers to identify outdated or noncompliant policies.
Employee Relations (Employer)Covers day-to-day employee relations issues for California employers, including policy compliance and workplace conduct.
Employee Rights FAQsFrequently asked questions addressing common California employee rights issues across wage, leave, and termination topics.
Employer Rights FAQsFrequently asked questions addressing common California employer compliance issues across wage, leave, and termination topics.
Employment Contracts (Employee)Covers employment contract issues for California employees, including offer letters, at-will status, and arbitration provisions.
Employment Contracts (Employer)Guidance for California employers drafting and enforcing employment contracts, including at-will language and arbitration agreements.
Equal Pay Act (California)Explains California Equal Pay Act requirements for employers regarding pay equity across protected characteristics.
Exempt vs. Non-Exempt ClassificationExplains the distinction between exempt and non-exempt employee classification under California wage and hour law.
Expense ReimbursementCovers California employer obligations under Labor Code section 2802 to reimburse employees for necessary business expenses.
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Failure to Prevent DiscriminationCovers a California employer’s independent FEHA duty to take reasonable steps to prevent workplace discrimination.
FEHA — OverviewOverview of California’s Fair Employment and Housing Act and the protections it provides to employees.
Fixed-Term ContractsCovers fixed-term employment contract issues for California employees and the limits on early termination.
FMLA (Federal)Explains how the federal Family and Medical Leave Act interacts with California’s CFRA leave protections.
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Gender DiscriminationHow California law protects against discrimination based on gender, gender identity, and gender expression, not just biological sex.
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Harassment — RacialCovers workplace racial harassment claims under California’s Fair Employment and Housing Act.
Hostile Work EnvironmentExplains what qualifies as a hostile work environment under California law and how such claims are evaluated.
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Independent Contractor Misclassification (ABC Test)Explains California’s ABC test for independent contractor misclassification and its effect on wage and hour rights.
Intentional Infliction of Emotional Distress (IIED)Covers civil IIED claims alongside a wrongful termination when employer conduct steps outside risks inherent in employment.
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Joint Employer LiabilityWhen a business using a staffing agency or labor contractor can still be held responsible for that contractor’s wage and workers’ compensation violations.
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Kin CareCalifornia’s law letting employees use part of their own paid sick leave to care for a sick family member.
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Lactation AccommodationCovers California lactation accommodation requirements for employers and related protections for breastfeeding employees.
Leaves and Disability (Employee)Covers California and federal leave and disability accommodation rights available to employees, including CFRA and FEHA.
LOA and Disability (Employer)Guidance for California employers managing leave of absence requests and disability accommodation obligations.
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Meal and Rest BreaksCovers California meal and rest break requirements for non-exempt employees and related premium pay claims.
MediationCovers mediation as a dispute resolution option in California employment matters, offered by the firm’s certified mediator.
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Non-Compete AgreementsExplains California’s general prohibition on non-compete agreements under Business and Professions Code section 16600.
Non-Disclosure AgreementsCovers non-disclosure agreement issues in California employment contracts and their common limitations.
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Off-Duty Harassment (post-Kruitbosch)Explains when off-duty or off-premises harassment becomes actionable under FEHA based on the employer’s response.
Other Discrimination (Employee)Covers California employment discrimination claims outside age and sexual harassment, including race, disability, and gender.
Overtime PayCovers California overtime pay requirements and rules for calculating unpaid overtime claims.
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Pregnancy Disability LeaveExplains California Pregnancy Disability Leave rights for employees affected by pregnancy, childbirth, or related conditions.
Public Policy Wrongful Termination (Tameny)Covers wrongful termination claims that violate fundamental California public policy under the Tameny doctrine.
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Quid Pro Quo HarassmentWhen a job benefit is conditioned on submitting to unwelcome sexual conduct — one of the two recognized forms of sexual harassment under FEHA.
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Reasonable AccommodationExplains a California employer’s duty to provide reasonable accommodation for employees’ disabilities under FEHA.
Reductions in Force / Layoffs / FurloughsCovers legal considerations for California employers conducting layoffs, furloughs, and reductions in force.
Retaliation (Employee)Explains retaliation protections for California employees who report violations or exercise protected workplace rights.
Retaliation Defense (Employer)Guidance for California employers on preventing and defending against workplace retaliation claims.
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Severance and Settlement AgreementsCovers severance and settlement agreement issues for California employers and employees, including release terms.
Sexual Harassment (Employee)Explains California protections against workplace sexual harassment and how employees can evaluate a potential claim.
Sexual Harassment Prevention (Employer)Guidance for California employers on sexual harassment prevention, training obligations, and claim defense.
Strict Liability (Supervisor Harassment)Explains California’s strict liability standard for supervisor sexual harassment and the unavailability of the Faragher/Ellerth defense.
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Title VII (Federal)Explains how federal Title VII discrimination protections interact with California’s broader FEHA coverage.
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Undue HardshipThe limited defense that excuses an employer from providing a disability accommodation that would cause significant difficulty or expense.
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Vacation PayWhy earned vacation time in California vests as wages and cannot be taken away under a “use it or lose it” policy.
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Wage and Hour (Employee)Covers California wage and hour rights for employees, including overtime, meal and rest breaks, and unpaid wage claims.
Wage, Hour & Pay Equity (Employer)Guidance for California employers on wage and hour compliance, including overtime, breaks, and Equal Pay Act obligations.
Welcome for EmployeesLanding page introducing California employees to the firm’s employee-side employment law services.
Welcome for EmployersLanding page introducing California employers to the firm’s employer-side employment law services.
Whistleblower (Employee)Explains California whistleblower protections under Labor Code section 1102.5 for employees who report suspected legal violations.
Whistleblower Defense (Employer)Guidance for California employers on whistleblower compliance and defending against retaliation claims.
Workplace Violence PreventionCovers California employer obligations under Labor Code section 6401.9 (SB 553) to maintain a workplace violence prevention plan.
Wrongful TerminationCovers wrongful termination claims under California law, including terminations that violate fundamental public policy.
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Nondiscretionary BonusesWhy a promised or formula-based bonus, unlike a truly discretionary one, must be factored into your overtime rate.
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Zero-Tolerance PoliciesHow a consistently enforced zero-tolerance policy helps an employer show it met its legal duty to prevent harassment and discrimination.