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    Employees Need to Inform Employers of Known Disability When Requesting An Accommodation
    Kevin Salute
    • Jan 29, 2020
    • 2 min

    Employees Need to Inform Employers of Known Disability When Requesting An Accommodation

    In a recent California Court of Appeal case, an employee claimed that his employer violated the Fair Employment and Housing Act ("FEHA") ...
    3 views0 comments
    Kevin Salute
    • Jan 25, 2020
    • 1 min

    Employment Arbitration Agreements: Overreaching Employer Shot Down By Court Of Appeals

    After years of favoring arbitration agreements, a California Court of Appeal held that arbitration agreement is invalid where employee is...
    2 views0 comments
    Kevin Salute
    • Jan 25, 2020
    • 3 min

    ARE EMPLOYMENT NON-COMPETE AGREEMENTS VALID IN CALIFORNIA?

    What Are Non-Compete Agreements Known as a “non-compete clause,” many employers force their employees to sign agreements restricting form...
    3 views0 comments
    Kevin Salute
    • Jan 25, 2020
    • 3 min

    Who’s the Perpetrator? The Use of Opinion, Reputation, and Sexual History in Sex Harassment Cases

    Sex harassment cases generally take two forms. One form is where a supervisor is engaging in unwanted sexual conduct with the employee. A...
    5 views0 comments
    Kevin Salute
    • Jan 25, 2020
    • 1 min

    Use of Comparative Evidence in FEHA Cases is Affirmed

    A recent case in the California 1st Appellate District affirmed the use of comparative evidence to prove discrimination and# discussed wh...
    4 views0 comments
    No Express Statement of Violation of Law Necessary for CA Whistleblower Claim
    Kevin Salute
    • Jan 14, 2020
    • 1 min

    No Express Statement of Violation of Law Necessary for CA Whistleblower Claim

    California employees do not need to expressly state that they believe their employer is violating a specific state or federal law.
    4 views0 comments
    Repeated, Extended Absences from Work for Medical Appointments Qualify for Disability in California
    Kevin Salute
    • Jan 14, 2020
    • 1 min

    Repeated, Extended Absences from Work for Medical Appointments Qualify for Disability in California

    California law requires employers to accommodate employees for doctor visits due to disability.
    3 views0 comments
    Employer Evidence of Custom and Practice of Signing Arbitration Agreement May Not Be Enough to Estab
    Kevin Salute
    • Mar 9, 2019
    • 3 min

    Employer Evidence of Custom and Practice of Signing Arbitration Agreement May Not Be Enough to Estab

    Company submitted evidence of custom and practice of signing arbitration agreements with its clients. Court of Appeal held that was not eno
    21 views0 comments
    De Minimis?  Not!!!!
    Kevin Salute
    • Feb 14, 2019
    • 2 min

    De Minimis? Not!!!!

    California Supreme Court holds that the de minimus rule does not apply to employees making claims for unpaid wages and overtime.
    22 views0 comments
    You Were Harassed at Work -- But, Was It “Severe or Pervasive”?
    Kevin Salute
    • Dec 5, 2018
    • 5 min

    You Were Harassed at Work -- But, Was It “Severe or Pervasive”?

    This article explores what constitutes "severe or pervasive" for purposes of workplace harassment based on an employee's disab
    35 views0 comments
    I Quit! How Bad is “Intolerable” for Purposes of a Constructive Discharge?
    Kevin Salute
    • Feb 19, 2018
    • 2 min

    I Quit! How Bad is “Intolerable” for Purposes of a Constructive Discharge?

    Although the employee may say, "I quit," the termination of the employment relationship is deemed to have been caused by the condu
    38 views0 comments
    A Terminable Affair:  The Right to Intimate Association At Work
    Kevin Salute
    • Feb 13, 2018
    • 2 min

    A Terminable Affair:  The Right to Intimate Association At Work

    Police officer is wrongfully terminated due to off duty affair at work in violation of right to privacy and intimate association.
    92 views0 comments
    Employment Non-compete Agreements: Enforceable or Not?
    Kevin Salute
    • Jan 13, 2018
    • 3 min

    Employment Non-compete Agreements: Enforceable or Not?

    Non-compete clauses are generally unenforceable against California employees.
    26 views0 comments
    Whistleblowers:  Are You Completely Exhausted?
    Kevin Salute
    • Jan 13, 2018
    • 3 min

    Whistleblowers: Are You Completely Exhausted?

    Court of Appeals dismisses lawsuit by County of Santa Barbara employee for failure to exhaust internal remedies provided by civil service ru
    189 views0 comments
    Be Careful What You Ask For:  Court Rules Against Employees
    Kevin Salute
    • Dec 6, 2017
    • 2 min

    Be Careful What You Ask For: Court Rules Against Employees

    The California Court of Appeals dismisses a lawsuit brought by corrections officers. Court held that they were bound by ruling in workers c
    19 views0 comments
    My Boss is Harassing Me...Do I Have A Case?
    Kevin Salute
    • Nov 6, 2017
    • 1 min

    My Boss is Harassing Me...Do I Have A Case?

    It is unlawful for your boss to treat you poorly due to discrimination.
    9 views0 comments
    Employers Can't Ask About Salary
    Kevin Salute
    • Nov 6, 2017
    • 1 min

    Employers Can't Ask About Salary

    On October 12, 2017, Governor Brown signed another bill into law that prohibits employers from seeking past salary history information fr...
    8 views0 comments
    Court Of Appeal Finds Genworth Arbitration Agreement Unfair
    Kevin Salute
    • Nov 6, 2017
    • 2 min

    Court Of Appeal Finds Genworth Arbitration Agreement Unfair

    Court of Appeals finds Genworth employment arbitration agreement unconscionable.
    4 views0 comments
    Governor Brown Extends Family Leave Rights In California.
    Kevin Salute
    • Oct 31, 2017
    • 2 min

    Governor Brown Extends Family Leave Rights In California.

    Governor Brown signed SB63 extending employee rights under the Moore-Brown-Roberti Family Rights Act.
    7 views0 comments
    Can I Take A Family Leave To Take Care of A Sick Relative?
    Kevin Salute
    • Sep 1, 2017
    • 2 min

    Can I Take A Family Leave To Take Care of A Sick Relative?

    The California Family Rights Act (or "the CFRA" for short) entitles eligible employees with the right to take a leave of absence t
    3 views0 comments
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