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Nicholas J. Ferraro | September 29, 2021 | Employment Law

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

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

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

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 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

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

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

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

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

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 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 | June 2, 2021 | Wrongful Termination

California is an at-will work state. That means an employer can generally terminate an employee at any time and for any (legal) reason. However, even in an at-will work state, some terminations are illegal. Proving wrongful termination can be challenging. With the help of an […]

Nicholas J. Ferraro | May 21, 2021 | Employment Law

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

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 | April 16, 2021 | Employee Termination

Wrongful termination happens when an employer terminates an employee in violation of the law. Generally speaking, employees in California work at-will. This means that an employer can fire an employee for any reason (or no reason at all). But California employees have many protections under […]

Nicholas J. Ferraro | April 7, 2021 | Employee Termination

California law is highly protective of workers. These protections extend even after the employer terminates employment. The COVID-19 pandemic forced many employers to scramble to comply with California’s employee termination laws. Many of them were unable to do so. But regardless of the reason for […]

Nicholas J. Ferraro | March 31, 2021 | Workplace Discrimination

A significant portion of our waking hours is spent at our workplaces. When we enter the workforce, we expect to be treated fairly. We expect that our diligence, ethics, and job performance will earn us promotions, raises, and other rewards. Unfortunately, even the best employees […]

Nicholas J. Ferraro | March 16, 2021 | Wage and Hour

According to California labor lingo, a per diem employee is an employee who doesn’t have a regular schedule but instead works hours as assigned. This category of employee is common in a variety of industries including education and healthcare.  Ideally, a per diem employment arrangement […]

Nicholas J. Ferraro | March 5, 2021 | Overtime

Nurses have one of the toughest jobs on the planet. These frontline workers routinely put themselves in harm’s way in order to serve the community. The job is exhausting and stressful, yet for many, extremely rewarding. That is, as long as the hospital they work […]

Nicholas J. Ferraro | February 16, 2021 | Class Actions

In recent years, popular restaurant chain Chipotle has battled accusations of wage theft and an EEOC complaint about sexual harassment and retaliation. Now, Chipotle caught a break after a federal judge in California denied a class action request on behalf of similarly-situated workers.  The proposed […]