Nicholas J. Ferraro | October 17, 2021 | Employment Law
Can an Employer Ask for Proof of Disability in San Diego?
According to the CDC, 61 million Americans live with a disability. The Americans with Disabilities Act was created to help prevent discrimination against these individuals. United States disability laws make it illegal for anyone to refuse communications, housing, or services to people with disabilities. It’s […]
Nicholas J. Ferraro | October 11, 2021 | Employment Law
Can Employers Round Time Punches For Meal Breaks in San Diego, CA?
California has some of the broadest employee protections in the country. Thanks to a new ruling by the California Supreme Court, employers can no longer round time punches for meal breaks. Rounding Time Punches for Meal Breaks Prohibited in California The case in question is […]
Nicholas J. Ferraro | September 29, 2021 | Employment Law
Can an employer deny an ADA reasonable accommodation request?
The Americans with Disabilities Act establishes certain requirements for employers regarding accommodations for employees with disabilities. One of these requirements applies to whether an employer may deny a disabled employee’s request for an accomodation. Employers must usually grant an employee’s accommodation requests unless it would […]
Nicholas J. Ferraro | September 16, 2021 | Employment Law
How to Find the Best Employment Lawyer for You
Employment lawyers handle cases related to federal and state employment laws. Employment laws govern a wide variety of issues, such as employee benefits, wages, harassment, discrimination, and terminating employment. If you believe that your employer violated your rights, you may want to consult with an […]
Nicholas J. Ferraro | August 26, 2021 | Employment Law
Are Unpaid Internships Legal in California?
It’s not uncommon for California employers to offer students and recent graduates unpaid internships instead of paid employment opportunities. They may present these internships as beneficial learning opportunities. However, you may wonder whether it’s legal to offer unpaid internships in California. The answer is “sometimes.” […]
Nicholas J. Ferraro | August 24, 2021 | Employment Law
What is a PAGA Claim and How Do I File One?
California workers are protected by a variety of federal and state labor and employment laws. The Private Attorney General Act (PAGA) is a state law that gives employees the right to file lawsuits against their employers for labor law violations. A PAGA claim is different […]
Nicholas J. Ferraro | July 16, 2021 | Employment Law
What’s the Difference Between the EEOC and the California DFEH?
What is the difference between the EEOC and the DFEH? The simple answer is that the EEOC stands for the Equal Employment Opportunity Commission. It is an independent agency within the U.S. government responsible for enforcing federal laws against workplace discrimination. California DFEH stands for […]
Nicholas J. Ferraro | July 13, 2021 | Employment Law
What Can I Do if I Was Misclassified as an Independent Contractor?
Being misclassified as an independent contractor can deny you the benefits and rights of an employee in California. For example, you may not be protected for work-related injuries, and you could pay higher taxes as a self-employed individual. In addition, as an independent contractor, you […]
Nicholas J. Ferraro | July 8, 2021 | Employment Law
Work from Home Laws in California
Many workers shifted to work from home during the state of emergency declared due to the COVID-19 pandemic. This required many employers and employees to adapt as they had never accommodated remote work before. California provides greater protection for workers than almost every other state […]
Nicholas J. Ferraro | July 6, 2021 | Employment Law
Can My Boss Deny My Time Off Request?
Has your employer denied your request for time off? Are you wondering if that is legal in California? The answer is “possibly.” California wage and hour laws do not force employers to give employees paid vacation time or paid time off (PTO). However, if your […]
Nicholas J. Ferraro | July 1, 2021 | Employment Law
Is Health Insurance a Right for California Workers?
Health insurance laws can be complicated as state and federal laws sometimes conflict. Moreover, the laws related to health insurance coverage change frequently, making it difficult for employees and employers to keep up with the changes. There is no state law in California requiring employers […]
Nicholas J. Ferraro | June 22, 2021 | Employment Law
Can My Employer Enforce a Non-Compete Agreement in California?
Employment agreements are standard in the workplace and seek to protect: Intellectual property Client lists Data Trade secrets And other valuable assets They also try to prevent key employees from taking a job with a competitor in the same market. In many states, employers may […]
Nicholas J. Ferraro | June 8, 2021 | Employment Law
California Minimum Wage Increases in 2021
California was the first state to commit to increasing the minimum wage for employees to $15 per hour. The minimum wage increase began on January 1, 2017, and increases annually based on the size of the company. By January 1, 2024, almost all employees in […]
Nicholas J. Ferraro | May 21, 2021 | Employment Law
California On-Duty Meal Period and Rest Period Update
Employees need to understand their rights to meal periods and rest periods. Most employees are entitled to rest periods and meal breaks during their shift. However, there is a difference between on-duty meal periods and rest breaks and off-duty meal breaks and rest periods. What […]
Nicholas J. Ferraro | May 19, 2021 | Employment Law
What Will a Lawyer Do in Negotiating a Severance in San Diego, CA
When the HR manager asks to meet with you, the result is rarely pleasant. Often these meetings result in an employee’s termination. Your employer may give you a reason for the termination, or they may not. You might be given the opportunity to resign instead […]
Nicholas J. Ferraro | February 8, 2021 | Employment Law
Can Jokes Be Considered Sexual Harassment?
The Civil Rights Act of 1964 outlawed sexual harassment in the workplace. But for years after its enactment, men and women continued to endure the indignities and trauma of sexually invasive words and acts in their place of work. One reason that sexual harassment and […]
Nicholas J. Ferraro | February 5, 2021 | Employment Law
Difference Between Lawyer and Attorney
What is a lawyer and when do you need one? Is an attorney a different professional and do they do a different job? On television and the big screen, we often hear the words “lawyer” and “attorney” used to mean the same thing. But are […]