What Can I Do If I Was Misclassified as an Independent Contractor?

If your employer misclassifies you as an independent contractor, you could suffer financial harm. You may also lose certain benefits that could negatively impact your retirement and future plans.  Employers are required by law to classify workers correctly. Employers who intentionally misclassify an employee could be sued by the employee and face fines from the government.  Why is the Correct...

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Difference Between Lawyer and Attorney

If you need legal advice, you may search for an attorney. You may also see references to lawyers. Is there a difference? In the United States, the terms “lawyer” and “attorney” are generally used interchangeably. However, the traditional definitions of these words have a significant difference.  Lawyers and attorneys have studied law and obtained a legal degree. Historically, a lawyer...

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What Are My Rights as an Employee in California?

Federal employment laws protect employees throughout the United States from unfair and illegal actions by employers. In addition to federal employment laws, California labor laws protect employee rights throughout the state. Employers who violate California employee rights can be subject to stiff penalties. Is California a Right to Work State? California employment law presumes that employees are employed at will....

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What Are an Employee’s Rights After Job Termination?

Being terminated from your job can be frightening and stressful. You may be unsure how you will pay your bills and what you need to do about health insurance and other benefits.  You may wonder if you are being laid off: what are my rights? The same is true if your employer suddenly issues a termination of employment letter. You...

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Is There a Limit to How Much Reasonable Accommodation Can Cost?

Thanks to the Americans with Disabilities Act (ADA) and other laws, employees with disabilities enjoy a number of protections that permit them to pursue fulfilling careers. One of these important protections is the right to request and receive reasonable accommodation to help them perform essential functions at work.  Reasonable accommodation can include the following and more: Adjusting office layout to...

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California Drastically Expands Coverage for Employee Leave

California Governor Gavin Newson on Sept. 17 signed Senate Bill No. 1383, which scraps the current California Family Rights Act (CFRA) and eliminates the California New Parent Leave Act in favor of a new CFRA with expanded protections and coverage for employees. The newly minted CFRA, which will go into effect on Jan. 1, 2021, is a drastic expansion of...

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Are There Limitations to At-Will Employment?

Most employees throughout the United States are more than likely considered to be employed at-will. That’s because an at-will employment doctrine is adopted in some form by 49 states, Montana being the exception. This makes it important to understand not just what at-will employment means, but what its limitations are. So, what is at-will employment? Most people tend to have...

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SCOTUS Rules to Protect LGBTQ Workers from Job Discrimination

In a 6-3 decision on June 15 that came as a surprise to many, the Supreme Court of the United States ruled that gay and transgender employees are protected against discrimination by existing federal law. Writing for the majority, Neil Gorsuch – President Donald Trump’s first appointee to the Court – stated that Title VII of the Civil Rights Act...

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Can Sexual Harassment Happen While Working from Home?

For white-collar employees, the modern American work environment is a place that’s rapidly phasing between a central office location and working at home. The COVID-19 pandemic expedited this transition by forcing many employers to instate work-at-home arrangements for their employees to stay in business. There are many benefits to working at an office with your colleagues, but there are clearly...

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How to Identify Wrongful Termination

Hardly anyone revels in getting fired or laid off from a job. If you were recently terminated from your job, you may be wondering right now if you were wrongfully terminated. Chances are you’ve heard this term before or may even know what it means. Wrongful termination squarely rests on termination that violates the law. Unfortunately, this bars situations where...

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