Category Archives: Labor Laws, Employment Law

All About Workers’ Compensation

Employment Law and Workplace Injury

The Bay Area workers’ compensation system evolved over 100 years ago, as a “grand bargain” between employers and workers. Prior to workers’ comp, injured employees had to sue their bosses in court to collect money for their medical bills, lost wages, and other damages. This system led to tremendous inequalities and frustrations on both sides. Workers’ comp allowed hurt workers get a fair deal without having to resort to extraordinary legal measures; and it helped employers avoid expensive and frustrating court battles. Continue reading

FMLA Leave During Pregnancy

Pregnancy Employment Discrimination

Whether you are four weeks or five months into your pregnancy, now is the time to consider your maternity leave. Under the Family and Medical Leave Act (FMLA), pregnant women have a variety of rights. The FMLA legislation, passed in 1993, guarantees unpaid job leave for up to 12 weeks. This protection only applies for pregnant women who work in companies with 50-plus employees. (There are some exceptions to this rule. Elementary and secondary school teachers are covered, no matter what, as are certain government workers.)

You should know and protect your rights under the FMLA to prevent employment discrimination.

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What to do in a Hostile Work Environment

Do You need a San Francisco Harassment Lawyer?

You spend a great deal of time at work and in the office, and your work environment is less than ideal, by a long stretch. Perhaps you’re looking for an employment attorney to discuss a scary or disarming incident — a boss’s rude comment, perhaps, or a co-worker’s unwanted sexual advance. Or maybe you’re just generally fatigued by what you perceive to be a toxic workplace culture or miffed by a “glass ceiling” at your firm. In any case, here’s some key, basic information about hostile workplaces.

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San Francisco Personal Injury Claim: Whiplash

Personal Injury from a San Francisco Auto Accident

Victims in auto crashes, slip and falls, sports injuries, and workplace accidents often experience a horrific condition known as whiplash. This soft tissue ailment afflicts thousands of people in San Francisco and beyond, and it typically shows up after car accidents and falls. Continue reading

San Francisco Employment Lawyer Reviews 2013 California Labor Laws

Important Laws for Bay Area Employers and Employees

One of the challenges that any San Francisco employment lawyer faces is the challenge of educating clients about ever-changing legal rules.

On January 1, 2013, a variety of new laws went into effect in the Golden State. They pertain to diverse areas, including worker access to records, employee social media, and anti-discrimination issues. The 2013 laws also specifically impact farm labor and temp employees. Continue reading

Should I Sign An Agreement to Arbitrate All My Disputes with My Employer?

As a Bay Area employee, you want to get down to work and to avoid creating friction with a new boss. However, if you too rapidly sign an arbitration agreement, you could limit your rights and remedies, if you ever suffer discrimination or lose your job due to unfair or dubious circumstances. When you agree to arbitration, you often give up your right to settle disputes via lawsuit. This means that you will not get to take your case before a jury or judge. Continue reading

Can I Still Get Unemployment If I Quit Due to Sexual Harassment?

Can I Still Get Unemployment If I Quit Due to Sexual Harassment?

The answer is a qualified “yes” under certain circumstances.

Technically speaking, this kind of quitting is known as a “constructive termination.” Essentially, the harassment or other mistreatment got so awful that you felt compelled to leave. Continue reading

Hurt While Driving: Can I File a California Workers’ Compensation Claim?

You recently suffered an injury in an auto accident in Northern California, and you want to know whether you might be able to file a workers’ compensation claim to collect benefits to remunerate you for your hospital bills, lost work time and productivity, rehab and therapy bills, and so forth. The answer depends on the nature of the accident and the business (or lack thereof) that you were doing.

Here are three examples of situations in which you might qualify for California workers’ comp:
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Are Bus/Truck Drivers Entitled to Overtime?

As a Bus/Truck Driver, Am I Entitled to Overtime Under California Law?

bus driver overtime laws

image source: streetsblog.org

If you’re a bus driver or truck driver in Northern California, you deserve to be paid fairly for your work. But does the law entitle you to receive overtime for working certain jobs? This is a trickier question than you might realize. Knowing your rights is essential, since you can’t necessarily count on your employer or on an outside regulatory agency to ensure fair play. Continue reading