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16 Jul Retaliation for Requesting an Accommodation at Work

You might be surprised to learn that until today, retaliation for requesting a reasonable accommodation for a disability or religious belief was not expressly unlawful. According to the California Court of Appeals in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), California law did not provide that a request for accommodation, by itself, could support a claim for retaliation under the Fair Employment and Housing Act ("FEHA"). This despite the fact that it was, and is, unlawful for an employer to refuse to accommodate an employee's disability or religious belief. Personally, I have always disagreed with the decision in the Rope case. I believe that the FEHA has always provided protection against retaliation for requesting an accommodation. Fortunately, the California legislature and Governor agree. And on July 16, 2015, Governor Brown signed into law AB 987, which is intended to "make clear" that requesting a reasonable accommodation is protected activity. Accordingly, it is unlawful to retaliate against an employee for requesting an accommodation for a disability or religious belief. If you have experienced retaliation for requesting a reasonable accommodation from your employer, you should speak with a labor and employment lawyer right away. Contact the Khadder Law Firm today for a free initial consultation.  ...

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24 Jun Companies see benefits to raising minimum wage for employees

The recent push to raise the minimum wage of workers throughout the country might be starting to get traction with major businesses. This article, about Ikea's decision to raise wages, is a good example of how raising the minimum wage for employees can be beneficial to businesses. Of course, not all businesses will see these benefits. Some in fact continue to pay employees even less than the minimum wage required by law. If your employer fails to pay you the minimum wage or overtime wages, you may have a right to compensation in the form of damages and penalties. A labor and employment lawyer can help you determine whether you have such wage claims. If you think you have been deprived of minimum wages, overtime wages, meal and rest breaks, or other wage and hour requirements, contact the Khadder Law Firm today for a free consultation....

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02 Apr Article regarding bill to treat workers as independent contractors.

I am pleased to announce that an article I authored has been published on the California Employment Lawyers Association (“CELA”) Voice Web site. The article is about a new bill that has been introduced to classify as independent contractors those workers who have been convicted as non-violent substance abuse offenders. CELA Voice is a wonderful project by CELA that seeks to give voice to issues of importance of California employees. Please take a moment to read my article, and the many other wonderful and informative articles found at CELA Voice....

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20 Mar The realities of the employer-employee relationship?

I recently came across this article that takes an interesting, if somewhat cynical, perspective on the reality of the employer-employee relationship. Specifically, the article argues that your employer is “not your friend” and identifies some reasons for this conclusion. It also provides advice on how to protect yourself as an employee.  I do not necessarily endorse every point the article makes, but I think it is worth sharing with readers of this blog. One point in particular in the article is the role that Human Resources (“HR”) plays in the employer-employee dynamic. Many of my clients share with me accounts of going to HR seemingly in confidence, only to find out that HR broke that confidence by disclosing their issue to the very people that caused them to go to HR in the first place. Sometimes, HR will appear to investigate an issue, and then inexplicably find that the employer has not done anything wrong. It is an important reminder that HR often, if not always, holds the employer’s interests above the employee’s interests. If you feel that you need to bring an issue to HR’s attention, it may be a good idea to contact a labor and employment attorney who might be able to guide you through the process of going to HR, if appropriate. The Khadder Law Firm is here to help. Contact the Khadder Law Firm today for a free initial consultation. Please note: The content of the linked article is not offered as, not intended as, and does not constitute legal advice, it does not create an attorney-client relationship, and you should not rely upon it as a source of legal advice. Nothing on this website should be considered a substitute for professional legal advice. ...

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26 Feb What it means to be an “At-Will” employee.

You may have heard the term “at-will” used to refer to your employment. But what does being an “at-will” employee mean, and how does it likely affect you? Under California law, an employee is legally presumed to be at-will unless there is an employment agreement in place that specifies a term, or duration, of employment. It is important to note that just because you might have an employment agreement in place does not mean that your employment is not at-will. The agreement must state that the employer will employ you for a specified amount of time. Absent such language, you are most likely an at-will employee. But you are not alone. Not by a long shot. Almost every person that contacts me for labor and employment representation is an at-will employee. In fact, I would venture to guess that more than 90% of employees in California are at-will employees. So why does it matter? Well, one simple reason: If you are an at-will employee, which you probably are, you can be let go without any reason. Your boss may wake up one day and decide that he or she just no longer wants you as an employee. Your boss does not need to give you an explanation, he or she can just fire you. End of story. But there is a catch — and it is a very important one: You cannot be fired for an unlawful reason, whether or not you are an at-will employee. If your boss decides to fire you because of your race, religion, color, sex, disability, pregnancy, sexual orientation, in retaliation for reporting unlawful activity by your employer, or other protected categories, you may have a wrongful or unlawful termination claim. If you suspect that you have been terminated unlawfully, you should speak with a labor and employment attorney immediately. The Khadder Law Firm is here to help you fight for your rights to justice. Contact the Khadder Law Firm today for a free initial consultation. ...

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