First of all, contrary to a popular belief – not all mediators are the same. Even though the role of a mediator is limited to facilitating negotiations in a legal dispute and they don’t make any decisions or ruling in a case, having the right mediator can make a big difference between settling a dispute or bringing it close to
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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Can You Be Terminated While On Medical Disability Leave?

The post Can You Be Terminated While On Medical Disability Leave? appeared first on San Francisco Employment Law Firm Blog.
Who Qualifies As “Outside Salesperson” in California

“Outside salesperson” in California are exempt from overtime, minimum wage, reporting time and meal and rest break requirements. (Labor Code 1171). Wage Order No. 7-2001(2)(J) defines outside salesperson as “any person… who customarily and regularly workes more than half of the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracfts…
California AB 1041 Expands Workers’ CFRA Leave Rights

Up until now, California workers were eligible to take CFRA / FMLA leave to only care for their immediate family members, subject to a number of other criteria. Assembly Bill 1041, would expand CFRA to permit an employee to take job-protected leave to care for a “designated person.” The bill defines “designated person” as any individual related by blood or…
Unethical Behavior By Empoyers Denying Religious Exemptions From The Vaccination Requirement
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…
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.