When Workplace Harassment Follows You Home
Introduction: The Workplace Doesn’t Always Have Four Walls Anymore Workplace harassment doesn’t always stop when an employee logs off. Offensive messages can follow employees from offices or coworking spaces into their homes, raising a question: If harassment happens through a screen, does it still count? Courts recognize that conduct outside the office can contribute to […]
Can a Rounding Policy That Looks Fair Still Shortchange Your Pay in California?
When "Even" Rounding Isn’t Even: What California Workers Should Know Key Takeaways: Yes, a rounding policy that looks fair can still shortchange your pay in California if, over time, it mostly favors the employer. Under the See’s Candy standard, rounding is generally allowed only if the policy is neutral on paper and in how it […]
What Makes an Alternative Workweek Schedule Invalid in California?
Understanding When Your California Alternative Workweek Schedule May Be Invalid Key Takeaways: A California alternative workweek schedule is invalid when an employer fails to follow strict statutory adoption steps, triggering daily overtime obligations. A lawful schedule requires a written proposal specifying regular workdays and hours, full pre-vote disclosure of wage and benefit effects, a duly […]
How MSD Lawyers Uses the ABC Test to Challenge a 1099 Label in California
Does a 1099 Make You an Independent Contractor Under California’s ABC Test? A 1099 form does not decide whether you are an independent contractor in California. For most workers, California’s ABC test presumes that a worker is an employee, and the hiring business has to prove otherwise. MSD Lawyers uses this test to challenge 1099 […]
Is Same-Sex Sexual Harassment Illegal in California?
Harassment by Someone of the Same Sex Is Still Harassment Key Takeaways: Yes, same-sex sexual harassment is illegal in California, and under FEHA the harasser’s orientation and lack of sexual desire generally do not matter. Government Code § 12940(j) bans harassment because of sex, gender, sexual orientation, and other protected traits, and it covers employees, […]
Steps to Document Harassment by a Service Provider in California
Documenting Sexual Harassment by a Service Provider in California Key Takeaways: California Civil Code § 51.9 allows victims to hold service providers, doctors, therapists, landlords, and contractors, accountable for sexual harassment outside the workplace. These cases hinge on credibility, making documentation essential. Start a private, dated log of each incident capturing date, time, location, and […]
When Does On-Call Time Become Compensable Hours Worked in California?
Understanding Your Right to Pay During On-Call and Standby Time in California Key Takeaways: On-call time becomes compensable in California when employer restrictions prevent you from using the time effectively for your own purposes, making control, not job titles or handbook labels, the decisive factor. California’s "hours worked" standard is broader than federal law, using […]
What Is the SB 497 90-Day Retaliation Presumption in California?
California’s SB 497 and Your Right to Speak Up Without Fear Key Takeaways: California’s SB 497, effective January 1, 2024, creates a 90-day rebuttable presumption of unlawful retaliation when an employer takes adverse action within 90 days of protected activity. The law amends California Labor Code §§ 98.6, 1102.5, and 1197.5, shifting the burden onto […]
MSD Lawyers Secures $2.4 Million Settlement in Race Discrimination Lawsuit Against San Francisco State University
MSD Lawyers is proud to announce a $2.4 million settlement on behalf of our client in a significant race discrimination case, Vaughn v. The Board of Trustees of the California State University, et al., SFSC Case No. CGC-23-606874. This victory was achieved alongside co-counsel Bernard Alexander of Alexander Morrison + Fehr LLP. Kathleen Moore of […]
