Kitchin Legal Takeaway
Understanding Severance Agreements in California: What Employers and Employees Need to Know
When an employer decides to terminate an employee, or when an employee decides to move on to another job, the employer may offer the employee a severance (or separation) agreement as a way to potentially mitigate its future legal risks. For the employer, severance...
Does Your Business Employ Minors? Learn How to be Compliant with Child Labor Laws
Employing a minor may seem like a daunting task with the many rules and regulations governing their employment. However, in light of the novel coronavirus and resulting scarcity of workers available to support the staffing needs of restaurants, cafes, and other...
Should You be Paying Your Employees a Split-Shift Premium?
What is a Split Shift? A split shift, as the name implies, is a shift that is split into two. Generally, an employee works a split shift where they have two work periods in a given day, which are separated by a long break. The break must be more than just a...
How Can You Prove If There Was Employment Discrimination At Your Workplace?
What Does Employment Discrimination Encompass? The California Fair Employment and Housing Act does not lay out an exhaustive list of acts and attitudes that violate the rights of job seekers and employees. That is part of its strength. It gives us the flexibility to...
5 Tips to Avoid Employment Litigation
Employment Lawsuits are Expensive and Disruptive The cost of defending an employment lawsuit is measured in the tens of thousands of dollars. Defending a discrimination claim through trial brought by a single employee can easily reach $100,000 in attorneys’ fees and...
Wages for Off-the-Clock Work for Retail Employees: Frlekin v. Apple, Inc.
Fourteen years ago I filed a class action lawsuit against Polo Ralph Lauren over its practice of conducting bag checks or exit searches of employees after they had clocked out and were no longer being paid. At Polo all employees were required to undergo exit...
Employment and Educational Discrimination Based on Protected Hair Styles are Illegal Now Under California Law
The Public Shearing of Andrew Johnson’s Dreadlocks In December 2018, a video, seen by millions, showed a white high school trainer in New Jersey cutting dreadlocks from 16-year old African American wrestler, Andrew Johnson. The lead referee had offered the young...
When to Settle a Wage Lawsuit Out of Court
Employers sometimes respond to employee wage and hour claims in ways that cause them to suffer unnecessary financial loss and workplace stress. They pay more money in attorneys’ fees and litigation costs than they should. They sacrifice the time and resources of key...
Learn What Could Happen If You Breach an Employment Contract
In California we frequently hear stories about employees who have filed lawsuits against their employers for alleged legal violations, from sexual harassment to unpaid overtime. Most of my clients know someone who made claims against their employer at some point in...
10 Ways Your Company Took Advantage of You and How to Get Justice
Here Are 10 Common Wage and Hour Violations Companies in California are required to comply with a wide range of employment laws that are set out in the California Labor Code, California Wage Orders and in important appellate court decisions. 1. Were you misclassified...