Supporting Colleagues Facing Workplace Retaliation

Supporting Coworkers Facing Retaliation: A Step-by-Step Guide Have you ever witnessed a colleague being subtly demoted, isolated, or unfairly criticized after they filed a complaint or spoke up about workplace issues? Retaliation in the workplace affects nearly 45% of employees who report misconduct, making it the most common form of workplace discrimination reported to the…

California ABC Test Explained: Are Your Contractors Actually Employees?

California ABC Test Explained: Are Your Contractors Actually Employees? Did you know that misclassifying workers under the ABC test California courts now apply could cost your business up to $25,000 per violation? The ABC test has fundamentally changed how California determines whether a worker is an employee or an independent contractor. Since the landmark Dynamex…

Building Air-Tight Workplace Sexual Harassment Cases

California Sexual Harassment Litigation—What Wins in Court? Sexual harassment in California workplaces is primarily regulated not by the Labor Code but by the Fair Employment and Housing Act (FEHA) in the California Government Code—most centrally Gov. Code § 12940(j) (harassment) and § 12940(k) (duty to prevent harassment). The Labor Code still matters (especially for retaliation…

The Hidden Psychological Effects of Workplace Discrimination

Workplace Discrimination: New Research on Mental Health Impact Workplace discrimination silently undermines mental health in the workplace, creating psychological burdens that extend far beyond the immediate incident. Despite decades of legal protections, discrimination remains a persistent problem affecting millions of workers nationwide. Recent research reveals that employees who experience discrimination are significantly more likely to…

What is The California Civil Rights Department (CRD)?

California Civil Rights Department (CRD—Formerly the DFEH) The California Civil Rights Department (CRD) is the state agency charged with enforcing California's civil rights laws [1][2][2]. It protects Californians from unlawful discrimination in employment, housing, businesses, public accommodations, and state-funded programs, as well as from bias-motivated violence and human trafficking [1][2][3]. Formerly known as the Department…

What is Employee Misclassification? (1099 Misclassification)

` Misclassification is The Most Common Labor Code Violation in California Employee misclassification occurs when an employer incorrectly categorizes workers as independent contractors rather than employees, thereby denying them employee protections and benefits while offloading business costs and risks . This fraudulent practice allows businesses to avoid complying with regulations on Unemployment Insurance, Workers' Compensation,…

Which California Labor Codes Govern Constructive Discharge Violations?

1. California Labor Code §2922 — At-Will Employment California presumes at-will employment under Labor Code §2922: either party may terminate at any time for a lawful reason. Constructive dismissal occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign, which can render the “quit” a wrongful termination. 2. FEHA…

What is the Freelance Worker Protection Act (FWPA)?

California’s Freelance Worker Protection Act (FWPA) The Freelance Worker Protection Act (FWPA) is a California law signed on September 30, 2024, that establishes minimum requirements for contracts between hiring parties and freelance workers, providing various protections for independent contractors . The act takes effect on January 1, 2025, and applies to contracts entered into or…