Employment Law Primer

Both Federal and California statutory and case law provide frameworks for the duties and obligations that exist as between employers and employees (ranging from when and how employees must be paid, work breaks that are to be provided, issues involving overtime payments, etc. as well as more esoteric and complex aspects of the relationship such as the rights employees have in regard to continued employment regardless of age and sexual orientation, the right to be free from harassment of various kinds, the right to be free from discrimination based on ethnicity, color, national origin, ancestry, religion, pregnancy and child birth, and much, much more).  These various statutory and case law directives, mandates and rulings are complex and multifaceted and to fully understand and negotiate often require the help of experienced legal counsel to insure that an employee's rights are protected when they are affected by the illegal or untoward actions of an employer.

Continuing, and in brief, employment law may be considered to comprise three major areas as follows:  (1) Wage and hour; (2) wrongful termination; and (3) discrimination/harassment matters.  These areas will be expanded upon more completely within this site per the pages identified above.  In short, though, wage and hour issues generally involve all those matters that concern and exist vis-a-vis an employer/employee in regard to payment for work services rendered and the framework for the work hours and mandated breaks.  As to wrongful termination, that can result from the prohibited termination of employment because of age, disability discrimination (ranging from any physical or mental impairment that limits an individual's major life activity -- so long as the employer can reasonably accommodate the disability -- to invisible disabilities such as aids or HIV).  Wrongful termination can also occur should an employee become pregnant and desire certain mandated "time off" along with a host of issues or as an off-shoot of the category of discrimination/harassment.

As to discrimination/harassment matters in large part they are rather self-evident in that no individual can be discriminated against because of race, color, gender, religion, disability or age.  Additionally, and as to harassment, that often arises out of a sexual context and can involve situations where the grant or denial of job benefits such as a promotion, favorable performance reviews, increase in pay, etc. are granted or withheld because of sexual favors that are requested.  Sexual harassment can involve unwanted touching, verbal harassment, visual displays of offensive materials, etc. and it can affect both males and females.

In any event, the above was not meant to serve as a complete compilation or statement of all laws, mandates or rules and regulations that govern the employer/employee relationship but simply to provide an overview with the heading sections above addressing in more detail, each of these particular areas.

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