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September 2018 Archives

At-will employees and wrongful termination

Most employees in San Diego understand that they are hired on an "at-will" basis, that is, either party can terminate the employment relationship at any time without cause. This rule, however, has a several important exceptions that limit the employer's right to unilaterally fire at-will employees.

Two San Diego massage parlors cited for wage & hour violations

Most employers in San Diego understand that they must pay employees in accordance with the Fair Labor Standards Act, a federal statute that requires employers to pay overtime for work in excess of 40 hours per week. Unfortunately, many employers attempt to circumvent the law by improperly classifying their employees. The United States Department of Labor recently announced that two Thai massage parlors in San Diego violated the statute by misclassifying their employees.

Sex discrimination case against Salk Institute heading for trial

Most employers facing claims of sex discrimination will try to seek "summary judgment," determining that they are entitled to judgment as a matter of law. Summary judgment is a judicial proceeding in which the moving party must demonstrate that no material facts are disputed, and it is entitled to judgment in its favor as a matter of law. The Salk Institute in La Jolla made such a motion in a case originally begun by three female faculty members alleging workplace discrimination. Two of the three settled their claims, and the Salk used a motion for summary judgment to dispense with the third woman's claims.

Burger chain faces lawsuit alleging gender discrimination

Many people throughout the country, including in California, may think that certain types of discrimination in the workplace are a thing of the past. Gender discrimination, for instance, may be one such example. However, all too often we are reminded that this type of discrimination can still occur.