Here are three highly questionable behaviors, to put it mildly, we have been recently obeserving employers engage in, when denying their employees religious exemptions from their Covid-19 vaccination requirement at workplace. These behaviors do not include the obvious point – continuing the vaccanation requirement policy despite being fully aware that the vaccines in question neither stop infection nor transmission of
The Law Office of Arkady Itkin
Arkady Itkin specializes in a wide range of labor and employment related issues, claims and wrongful termination cases on both, employee and employer side, business formation and litigation as well as serious personal injury case and medical malpractice. He is licensed to practice law in the State of California and Northern and Eastern U.S. District Courts. Mr. Itkin regularly takes injury and employment cases to trial and arbitration.
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To CA Employers Who Deny Exemption Requests From Cov-19 Vaccination

It is disappointing, to say the least, that so many employers in California continue require all of their employees to be “fully vaccinated” or be fired, given that we have now known for quite a while that the MRNA vaccines don’t prevent infection or transmission, and they are also most definitely not risk free. Moreover, the same employers continue to…
The Risks of Doing Your Own Legal Research v Seeking Attorney’s Help

Despite the wide availability of legal information online that allows you to research just about any legal issue on your own, you should treat any such information you find on the internet with a grain of salt, and this is for two key reasons:
(a) Your own research will reveal what you theoretically can do, but this doesn’t mean that…
Personal Liability Of Company Owners For Wage Violations in California

Under California Labor Code section 558.1, any employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or violates or causes to be violated labor code sections 203, 226, 226.7, 1193.6, 1194, or 2802…
Pandemic Related Accommodations At Workplace in California

California employers may need to evaluate new kinds of potential disabilities and requests for accomodations as a result of Covid-19. One possible scenario is an employee’s claim that Covid-19 infection itself is a protected disability as opposed to a temporary illness such as influenza. Employees may also claim that fear of contracting the virus is a disability that must be…
Disability Rights in California: One Key To A Successful Interactive Process

The post Disability Rights in California: One Key To A Successful Interactive Process appeared first on San Francisco Employment Law Firm Blog.
Warning to Employers About “White Privilege” Anti Racist Training

Employees and employers should know that in many cases implementing and promoting “anti racist” training in the office that demonizes any race, including white race is every bit as discriminatory and unlawful as any other type of illegal discrimination under California law. Employers should be careful not to push the “white privilege” idea on their workers.
There is nothing…
“Just Cause” Termination And Your Rights To Stock Options
The post “Just Cause” Termination And Your Rights To Stock Options appeared first on San Francisco Employment Law Firm Blog.
Stealing At-Will Employees And Claims For Interference With Prospective Economic Advantage
To prevail on a claim for intentional interference with prospective economic advantage in California, a plaintiff must plead and prove (1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant’s knowledge of the relationship; (3) the defendant’s intentional acts designed to disrupt the relationship; (4) actual…
On-Call Pay / Standby Compensation in California

The California on-call pay laws are largely based on balancing fairness between employees and employers. Generally, hours for which an employee has been hired to do nothing while merely waiting for something to happen are hours subject to the control of the employers, and constitute hours worked. (Armour & Co. v Wantock (1944); Skidmore v Swift (1944)). In the case…