In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee.  There are five…

There are four common defenses to defamation claims: privilege, consent, truth and opinion.  This entry will discuss the most widely employed defense to workplace defamation claims – absolute and qualified privileges. Absolute…

One of the key provisions of FMLA/CFRA leave is the right to reinstatement to the same or comparable position after the leave. A “comparable position” is defined as a position which is…

There is no California or federal law, which requires employers to provide employees with vacation time.  Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must…

A vexing question for employees who have been hurt, been in an accident, or who suffer from a temporary medical condition is whether their employer is required to provide a reasonable accommodation…

Despite the acrimony surrounding President Obama’s signing of the Patient Protection and Affordable Care Act (better known as the health care bill), many of the most important provisions to bring health care…

Recently I had a series of inquires about the role of religion in the workplace – is an employer required to give employees time off for an important religious holiday?  And, does…

In general, California does not require employers to provide paid sick leave to their employees nor are employers obligated to give employees unpaid sick leave.  Also, even if sick leave is provided,…