Category Archives: Labor Laws, Employment Law

“No-rehire” or agreeing to “Not Apply” for future positions legal?

Does your settlement agreement include a none apply or rehire clause? Here’s an example that is common;

“REEMPLOYMENT. Employee represents and agrees that her employment with Employer terminated and will not be re-employed by Employer and that Employee will not apply for or otherwise seek employment with Employer at any time.”

Recently Assembly Bill 749 passed in California. This bill now prohibits employers from including “no-rehire” clauses in settlement agreements. This frequently a contentious issue for plaintiffs wanting to apply for future positions, job vacancies and promotions.  Furthermore, employers in exchange for a settlement frequently request plaintiffs who are still employed to resign if they are still employed and not to seek future employment.   This tactic and/or leverage has been commonplace tool of the defense bar.

There is an exception if the employer made a good faith determination of sexual harassment or assault by the employee entering into the agreement. We will keep tabs on how this bill is implemented in the future!

San Francisco Employment and Personal Injury Lawyer

As an experienced lawyer specializing in personal injury and employment law serving across the Bay Area, Daniel Vega knows what to do to help you get the compensation you deserve. For professional help, call 415-287-6200 or use our online contact form.

A Simple Guide to Exempt vs Non-Exempt Employees

Employment Status Advice from a Bay Area Lawyer

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Every business owner or manager wants what is the best for the company with their primary objective being maximized profits. One of the most valuable assets for a successful business are hard working employees that are competent, time oriented, practice high levels of due diligence, and highly reliable. Such employees will ensure that there is minimal waste and that the production rate is high and efficient. Continue reading

How The California Fair Pay Act Works

Clarification From a San Francisco Employment Lawyer

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Employers in California are now under one of the strictest and most aggressive, equal pay laws in America. Under the new Fair Pay Act, employees will be restricted from paying their employees of the opposite sex lower pay rates for substantially similar work. Initially, the law was limited. It restricted employees from paying their employees of the opposite sex within the same establishment. The employer’s burden of defense has also been increased. They must be able to prove that the pay differential is due to a reasonable application, such as a merit system, seniority system, or a factor such as education level, and a system that measures earnings by quality or quantity of production. This new law expands the exposure of the employees through the following ways. Continue reading

What To Do If You Are Injured At Work

San Francisco Personal Injury Lawyer Discusses On-the-Job Accident Compensation

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If you are injured at work, you should inform your supervisor immediately, as it’s necessary for your compensation process to begin. You also want to ensure to keep copies of your medical forms. This is necessary for the compensation process to run smoothly. The copies can be used where evidence will be required. Continue reading

Filing a Discrimination Complaint in California

San Francisco Employment Lawyer Discusses Discrimination Complaints

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Workplace discrimination can take many forms, including lack of promotion, unwarranted poor performance reviews and unfair hiring practices. Many Bay Area employees feel helpless in the face of workplace discrimination; fortunately, however, an experienced employment lawyer can assist you in filing your claim to receive compensation. Continue reading

California Enacts the Nation’s Highest Statewide Minimum Wage Increase

San Francisco Among First California Cities to See Higher Minimum Wage

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On April 4, 2016, both California and New York enacted laws raising minimum wage to $15 per hour. New York’s law makes exceptions for different regions of the state, but California’s increase will apply to everyone (in time). There are several important aspects of the bill that may affect employment law in the coming years. Continue reading

Workplace Safety Tips Every Employee Should Know

Personal Injury Lawyers Discuss Workplace Safety Tips for Avoiding Accidentsworkplace-injuries-Miami

Building contractors, factory workers, executives, architects and admins all need to protect themselves on the job. But what are the real and tangible risks associated with your job? What can you and your coworkers do to eliminate or at least substantially reduce risk of injury at the workplace? Continue reading

Bay Area Lawyer Discusses Harassment, Bullying, and Title IX Protections

Title IX is an Important Resource for Students, Parents, and Harassment Lawyers

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Title IX is a federal law that affects all areas of education, including recruitment, admissions, and what happens in classrooms. Per this crucial law, students, teachers and others in the system are granted protections from sexual harassment or bullying due to sex or gender identity. If protections are not upheld it is crucial that an injury lawyer is consulted to ensure those involved have an understanding of the law, what it means, and how they can rectify the problem. Continue reading

San Francisco Harassment Lawyer Discusses Positive Workplace Relationships

Appropriate Office Behavior and Etiquette Tips from Bay Area Lawyer

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Over the years, Bay Area workplace etiquette has changed dramatically, and harassment claims have become an increasingly common occurrence. The workplace is supposed to be a calm and constructive environment, but that atmosphere of positivity can be degraded quickly, if employees fail to follow workplace etiquette standards. Additionally, managers need to set positive examples and enforce company, state, and federal rules in a prompt and effective manner. Avoid a harassment claim at your business by considering these battle-tested tips from an experienced San Francisco employment lawyer. Continue reading

Bay Area Accident Attorney Discusses Compensation for On-the-Job Accidents

San Francisco Personal Injury Attorney Addresses Worker’s Compensation Claims

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After an on-the-job accident in the Bay Area, you could be eligible for compensation beyond a worker’s compensation claim. Even though worker’s compensation generally prevents individuals from suing an employer for additional compensation, in many cases, other parties may be liable in an accident. If you believe a third party caused your injury, speak to a personal injury lawyer. Continue reading