Many workers in California and across the United States have legal protections under the Family and Medical Leave Act of 1993. This federal legislation, which was signed into law by then-President Bill Clinton, was crafted to give certain workers the right to job-protected, unpaid leave, should a qualifying emergency situation arise. In this post, our experienced San Jose employment law attorneys explain some of the key points that covered Bay Area employers need to know about this law.
Last November, by a margin of 60-40, San Jose residents voted in favor of Ballot Measure E: the city's 'Opportunity to Work' ordinance. On March 13th, 2017, this new local law officially went into effect. It is imperative that all employers operating within the city are aware of how these regulations will impact their company. To help you get started with any questions you might have, our San Jose business law attorneys have put together some key information regarding the ordinance.
In May of 2016, President Obama and the Department of Labor (DOL) announced new FLSA overtime rules. At the time of the announcement, these rules were set to go into effect on December 1st, 2016. However, there was immediate controversy regarding this DOL regulation. Indeed, several states filed lawsuits against the agency seeking to block the implement of the new overtime regulations. The legal argument was that the DOL exceeded its legal authority in promulgating these regulations.
Earlier this year, the Department of Labor (DOL) enacted a new rule that will have a major impact on overtime policies for many companies. The rule, which is set to go into effect on December, 1st, 2016, is estimated to cover as many as four million workers across the nation. Employees working in many different positions will be affected, including executives, administrative workers, sales staff and technology support professionals. All California business owners and managers need to be ready for these updated overtime regulations. Your company must be in full compliance with state and federal labor law at all times.
Unpaid internships have historically been a way for students or recent graduates to gain valuable experience with the possibility of future employment. In the United States, two-thirds of students have completed at least one internship before they graduate from college and nearly half of all internships in the country are unpaid. However, unpaid internships have recently become more controversial following several lawsuits claiming that such programs constitute a violation of state and federal wage laws. While most of these lawsuits have involved the use of unpaid interns in the entertainment, media, and fashion industries, some private-sector businesses have decided that having interns is simply not worth the risk.
When employees and employers enter into an employment relationship, California contract law will govern that relationship, regardless if the relationship is oral, written, express or implied. The employment relationship usually defines the terms and boundaries of the agreement between the employee and employer. Depending on the circumstances of your case, you or your employer may have certain rights to terminate the employment relationship. If your employer terminates the contract outside of those rights, your employer will have to face the consequences for breaching your employment contract.
Deciding when to blow the whistle on the employer that pays you money to take care of yourself and your family is never an easy task. An employee becomes a whistleblower when he or she exposes the illegal actions or conduct of their employer. The actions of these whistleblowers provide a great service to our country and protect consumers, forcing companies and various other employers to abide by the rules or pay a hefty fine for their illegal conduct.