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Balancing Work and Breastfeeding

California employers must permit new mothers a reasonable amount of time to express breast milk (i.e., pump), unless it causes a “serious disruption” to the operations of the employer. There is no definition for what constitutes a “serious disruption.” Meaning, it is unlikely to be found to exist for a larger employer. Further, since the term is undefined, individual analysis is required to determine whether the break is in fact a “serious disruption” before it may be denied by an employer. Generally, this means that very few employers are likely to be found to meet this standard. LACTATION BREAK LOCATIONS An employer must make a reasonable effort to provide a private area to express breast milk. The area must be close to the employee’s work area and may not be a toilet stall. LENGTH OF TIME The length of the lactation break must be a reasonable amount of time. California law does not define what reasonable amount of time means, but federal regulations suggest that 15 to 20 minutes may
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What is Unlawful Workplace Retaliation?

Is all workplace retaliation unlawful? Not necessarily. However, there are  many  Federal and California laws that prohibit employers from retaliating against their employees who report, oppose or engage in certain activities, otherwise referred to as “ protected activities ”. WERE YOU ENGAGING IN ACTIVITY PROTECTED BY LAW? “ Protected activity ” is a broadly defined term and encompasses many different types of behaviors by the employee. For example, some common types of protected activities consist of an employee’s formal or informal complaints to a supervisor about workplace harassment or discrimination, reporting unsafe or illegal working conditions to a supervisor or outside government agency, requesting a reasonable accommodation because of a disability, complaining about unlawful pay practices or opposing an employer’s illegal conduct. An employee’s threat to file a charge of employment discrimination with the EEOC, DFEH or another government agency is a “protected activity” and
Location: San Francisco, CA 94104, USA
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Medical Leave At Work

MEDICAL LEAVE AT WORK Employees should never have to choose between their health and their jobs. Fortunately, the law recognizes this and provides many protections for employees who need to take time off of work to obtain medical care and treatment. However, in too many cases, employers try to deny this basic right, and you need to fight to protect your career if you need to take medical leave. WHICH LAWS PROTECT YOU? If an employee has a serious medical condition and needs time away from work, both California and federal laws provide protected time away from work for qualified employees. California’s leave law is known as the California Family Rights Act (CFRA) and the federal law is known as the Family and Medical Leave Act (FMLA). Under each of these laws, unless modified by the employer, the employee must be qualified by being employed for one year (breaks in service are allowed), have worked at least 1,250 hours during the past year, and work at a location where the employer has 5
Location: San Francisco, CA 94109, USA
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Overtime Pay Rules for California Salespeople

Overtime Pay Rules for California Salespeople Generally, unless an employee is exempt, he or she is entitled to overtime pay. The default rule is that overtime is calculated at 1.5 times an employee’s regular rate of hourly pay, or “time and a half,” for each hour worked beyond 8 hours per workday or 40 hours per workweek. For salespeople, two potential exemptions from overtime may apply in California: “commission pay” or the “outside sales” exemption. Commission Pay This exemption applies to employees who are paid on a commissioned basis. A salesperson is exempt and not entitled to overtime if more than half of his or her pay is from commissions, so long as the hourly earnings of that employee are greater than 1.5 times the minimum wage. For example, if the California minimum wage is $11 per hour, the employee must earn at least $16.50 per hour for each hour worked and receive more than one-half of his or her pay from commissions. However, “commission” has a specific meaning under Cal
Location: San Francisco, CA 94104, USA
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Baby Bonding Leave in California

BABY BONDING LEAVE IN CALIFORNIA In the first year after your baby’s birth, or after adoption or placement of a child in foster care, qualified employees can take up to 12 weeks of leave to bond with their new family member.  This leave does not need to be taken all at once, and it may be broken up into increments of two weeks (an employee can request shorter leaves twice). This is true for fathers and mothers , and this is in addition to any pregnancy leave a mother may have taken under California’s Pregnancy Disability Leave Law. PATERNITY LEAVE   New fathers have a legal right to take up to 12 weeks of family leave. The leave may be used for any of the following reasons: To bond with a child who was born to, adopted by, or placed for foster care with, the employee; To care for the employee’s parent, spouse, or child who has a serious health condition; or Because the employee is suffering from a serious health condition rendering them unable to perform the functions of their job, or
Location: San Francisco, CA 94104, USA
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