In most retaliation cases, the California Public Employment Relations Board (PERB) applies the framework established in Novato Unified School District (1982) PERB Decision No. 210 (Novato USD).
Under the Novato USD framework, the charging party must first establish a prima facie case by proving four elements: (1) The employee engaged in an activity protected by a labor relations statute enforced
Wrongful Termination: Why the “Bad Facts” Matter
In almost every California employment case, the employee and the employer have very different explanations for what happened. An employee may believe that he was fired for discriminatory or retaliatory reasons. The employer will claim that the same employee was fired for performance issues, poor attendance, misconduct, or a combination of the above reasons. Whether those reasons are true is
Three Types of Evidence to Prove A Retaliation Case in California
The post Three Types of Evidence to Prove A Retaliation Case in California appeared first on San Francisco Employment Law Firm Blog.
California Employment News: Protecting Your Business Information When an Employee Leaves
When an employee leaves, employers should act quickly to protect trade secrets, confidential business information, and customer relationships. In this 100th episode of California Employment News, Weintraub Tobin attorneys James Kachmar and John Slavik discuss practical steps companies can take before, during, and after an employee’s departure.
“We’re About to Blow Up” — Why a Recruiter’s Rosy Pitch Isn’t a Promissory Note
Picture the scene: you’re sitting across from a hiring manager who practically vibrates with excitement. The company, you’re told, is “on the verge of a Series C.” Our new product will “change the industry.” Revenues are “projected to triple.” The culture is “like a family.” Six months later, there’s no Series C, the product flopped, and the company just laid
OBBBA Overtime Reporting: The New Payroll Reality for Public Employers
We are excited to introduce our video series – Wage & Hour Issues in the Workplace. In these videos, members of LCW’s Wage & Hour practice group will provide various tips that can be implemented in your workplace. We hope that you will find these clips informative and helpful!
Preferring To Hire H1B Visas Holders over US Citizens is Illegal
The post Preferring To Hire H1B Visas Holders over US Citizens is Illegal appeared first on San Francisco Employment Law Firm Blog.
Avoid This Mistake When Requesting Religious Accommodation
Workers in California often assume that because religious beliefs are private, they never have to explain anything about their religion when requesting a workplace accommodation. While it’s true that employers cannot demand intrusive details, many employees make the opposite mistake: they refuse to provide even the basic information needed for the employer to evaluate their request.
Under both Title VII
Five Costly Legal Mistakes California Startups Should Avoid With Their Employees
Some of the most common legal mistakes that California tech startups and other small employers make with their employees are also the easiest to avoid:
California Legislative Update: Legislature’s Pens Down, Governor Gets to Work
Seyfarth Synopsis: The California Legislature concluded its 2024-2025 session in the wee hours of September 13, 2025, and sent the last of its approved bills to Governor Newsom for consideration. The Governor has until October 13 to approve or veto a variety of bills impacting employers in California.
The California Legislature put pencils down on September 13, 2025, and sent