Valerian Law, P.C.

Supreme Court Battle Over Affirmative Action Could Impact Employment Diversity Initiatives

Affirmative Action Up for Debate at the Supreme Court As we wrote about in our previous blog post on affirmative action, two ongoing Supreme Court cases on affirmative action in college admissions are predicted to have wider impacts that go beyond the realm of education, affecting how employers are able to seek out and hire …

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Title VII and the Equal Protection Clause

Affirmative Action Part 1 of 2 | Title VII and the Equal Protection Clause

By Eileen Torrez, November 30th, 2022 Three important federal laws form the basis for protecting U.S. employees from discrimination in the workplace: the Equal Pay Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964. We’ve written about the EPA here and the ADA here. This article focuses on …

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Whistleblower

You Could be a Whistleblower Even If You Don’t Know It

“I am a Human Resource generalist at a mid-sized private company. I told my department manager that we should not discourage employees from talking about pay, because that could be illegal. I learned this at a training hosted by our outside employment law firm about how HR should be handling compensation questions. My manager replied …

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employee protections

Bring on 2022! New Employee Protections in Employment Contracts in the Silenced No More Act

Happy New Year! In California, a new year often brings new laws protecting employees. Let’s dive into one that applies to our clients dealing with NDAs and employment contracts: The Silenced No More Act. As of 2 years ago, California already broke new ground in protecting employees by outlawing confidentiality provisions in settlement agreements for …

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covid 19 world

We’re Still in the COVID-19 World: Do I Have the Right to Paid Leave If I’m Affected?

2022 is almost upon us. We are almost 2 years into the COVID-19 pandemic and smack in the middle of cold and flu season. Earlier in the pandemic, federal and California laws provided emergency paid sick leave that had the effect of expanding California workers’ sick leave. Those have all expired. So what protections do …

We’re Still in the COVID-19 World: Do I Have the Right to Paid Leave If I’m Affected? Read More »

bernstein

Bernstein is Not the Big Win Employers Think it is

On February 23, 2021, the Ninth Circuit held in Bernstein v. Virgin America, Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations of the Labor Code until they have been “notified” of the violation. The decision goes on to explain that, in Bernstein, the employer had not been notified …

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severance paperwork

5 Reasons to Consult a Lawyer About Severance Paperwork– Before You Sign Anything!

Employers often offer severance payments to employees who are terminated or laid off. Usually, that payment depends on the employees signing lengthy severance agreements with complicated terms and conditions. You may feel time pressure to sign the agreement right away. But beware the fine print and strings attached – for example, employees are often required …

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paid leave and coronavirus

Do I Have the Right to Paid Leave If I’m Affected by the New Coronavirus?

The State of California and many municipalities in California mandate paid sick leave – and these laws permit paid time off for an employee (or relative) who is ill with COVID-19. Generally, the covered family members for whom an employee can take time off to care for are: Children, parents, spouse or registered domestic partner, …

Do I Have the Right to Paid Leave If I’m Affected by the New Coronavirus? Read More »