Everybody Should Know What a Job Pays

By V. James DeSimone On September 27, California Governor Gavin Newsom signed into law Senate Bill (SB) 1162, which will require nearly 200,000 California companies with 15 or more employees to disclose pay ranges starting next year. What does it mean for job seekers? Besides providing them with critical information before they pursue a job opportunity, it gives…

About V. James DeSimone

Civil rights attorney V. James DeSimone, of V. James DeSimone Law of Marina del Rey, has dedicated his 36-year law career to providing vigorous and ethical representation to achieve justice for those whose civil and constitutional rights are violated. His team represents individuals and families in employment, police misconduct, school abuse, and personal injury cases. You can find out more about their work at www.vjamesdesimonelaw.com




A Closer Look at Algorithmic Bias and Employment: What You Need to Know Ahead of Friday’s Public Hearing

By Ken Wang With the economy opening back up and a post-pandemic hiring boom around the corner, more and more employers will be turning to artificial intelligence (AI) and algorithms to save costs and streamline hiring and recruitment. Massive data collection, machine learning, and other advanced computational techniques are transforming traditional pre-employment assessments to help employers…

About Ken Wang, Esq.

Legislative Policy Associate, California Employment Lawyers Association




How to Access Paid Time Off When Caring for Loved Ones with COVID-19

This video, from CELA member Erin Pulaski, provides legal information about receiving paid time off if you need to care for a loved one experiencing symptoms of the new coronavirus. To help workers struggling during the COVID-19 crisis, the California Employment Lawyers Association (CELA) is creating a series of videos explaining workplace rights and resources….

About Erin Pulaski

Erin Pulaski has been consistently recognized for her advocacy on behalf of employees and executives. From 2015 to 2019, she was named one of the Top Women Attorneys in Northern California by San Francisco Magazine and recognized as a Super Lawyers “Rising Star” (a distinction given to no more than 2.5% of lawyers in the state). She has achieved the highest possible rating of “Superb” on Avvo. Erin represents employees and executives in all aspects of employment litigation, including wrongful termination, discrimination, retaliation, harassment, wage and hour, and unpaid commission claims. She represents clients in both state and federal court, in arbitration, and through trial and appeals. She also handles confidential prelitigation negotiations on behalf of clients. Read more: https://rezlaw.com/erin-pulaski/




COVID-19 and the Right to a Safe Workplace

This past week, nurses at UCLA’s Santa Monica Hospital protested publicly for not receiving adequate personal protective equipment (PPE). Similar protests have been popping up all around the country as front-line workers demand that employers take appropriate measures to keep them healthy and safe. Already, too many workers have needlessly and tragically lost their lives…

About V. James DeSimone

Civil rights attorney V. James DeSimone, of V. James DeSimone Law of Marina del Rey, has dedicated his 36-year law career to providing vigorous and ethical representation to achieve justice for those whose civil and constitutional rights are violated. His team represents individuals and families in employment, police misconduct, school abuse, and personal injury cases. You can find out more about their work at www.vjamesdesimonelaw.com




Know Your Rights: California Health Insurance Options After Job Loss

This video, from CELA member Ella Hushagen, provides legal information about your health insurance options following a job loss. To help workers struggling during the COVID-19 crisis, the California Employment Lawyers Association (CELA) is creating a series of videos explaining workplace rights and resources. We want California residents to understand their options. About Ella HushagenElla…

About Ella Hushagen

Ella Hushagen is a member of CELA and an attorney with Teukolsky Law. She graduated cum laude from Occidental College in 2004, and pursued a career in health care access before attending law school. She graduated from UCLA School of Law in 2013 (J.D.), and simultaneously received a Masters Degree in Public Health. In law school, Ms. Hushagen specialized in public interest legal advocacy as a participant in the prestigious Epstein Public Interest Law Program. She met Ms. Teukolsky after her second year of law school while serving as a law clerk at Traber & Voorhees, one of the premier civil rights firms in California. After graduating, Ms. Hushagen served as a law clerk to the Honorable Fernando M. Olguin at the U.S. District Court for the Central District of California.




6 Tips for Covering Expenses While Working From Home During COVID-19

This video, from CELA member Lauren Teukolsky, provides legal information about expenses incurred while working from home for your employer. To help workers struggling during the COVID-19 crisis, the California Employment Lawyers Association (CELA) is creating a series of videos explaining workplace rights and resources. We want California residents to understand their options. About Lauren…

About Lauren Teukolsky

Lauren Teukolsky launched Teukolsky Law in 2017 after practicing law for 17 years at some of California's most prestigious civil rights law firms and organizations. A cum laude graduate of Harvard College (B.A.), Ms. Teukolsky graduated in the top 10 of her class at UCLA School of Law (J.D.), where she was an Articles Editor for the UCLA Law Review and won the law school's Read More https://www.teuklaw.com/lauren-teukolsky.html




9 Financial Benefits for California Parents Losing Wages Due to COVID-19

To help workers struggling during the COVID-19 crisis, the California Employment Lawyers Association (CELA) is creating a series of videos explaining workplace rights and resources. We want California residents to understand their options. This video, from CELA member Nina Baumler, provides legal information about parental rights in relation to school closures during this emergency. About…

About Nina Baumler

Originally from England, Nina Baumler is a wage and hour attorney in Los Angeles, California. In her solo practice, Ms. Baumler represents low-wage workers in some of the most vulnerable sectors of the workforce, including car-wash workers, janitors, caregivers, restaurant workers, security guards, truck drivers and other low-wage economies. Ms. Baumler regularly co-counsels with non-profit organizations in wage and hour and fraudulent transfer/successor liability cases and is an advisory board member of The Wage Justice Center.




UPDATE III: A Roundup of California Worker Rights in the Time of COVID-19

By Andy Katz. UPDATED: March 27, 2020 with more details on new unemployment insurance benefits (incl. from the federal stimulus bill); health insurance for furloughed or laid off workers; tax credits; which jobs are deemed essential; and more. As COVID-19 spreads, many workers are considering how to protect themselves and their families – while worrying…

About Andy Katz

Andy Katz is the principal of Law Offices of Andy Katz, fighting for workers' rights, consumers, and environmental protection. His law practice focuses on workplace discrimination and retaliation, wage theft, workers’ compensation, and health and disability insurance denials. He previously advocated for public health issues before the California legislature. He is a member of the California Employment Lawyers Association (CELA). Web: www.andykatzlaw.com




Pregnancy and Parental Leave Rights in California in the Time of COVID-19

Adobe Stock By Sarah Schlehr Worries about job security and remaining healthy at work are heightened for pregnant moms and new parents during the COVID-19 pandemic. While it is a public health emergency, not all employers are taking the same steps in how they alter business, leaving uncertainty for some employees.  Here we answer frequent…

About Sarah Schlehr

Sarah B. Schlehr is the founder of The Schlehr Law Firm, P.C. Her firm focuses on representing employees who are discriminated against because of pregnancy or for taking a leave of absence. Her firm also represents veterans who have been discriminated against for taking military leave. She is a graduate of Harvard Law School, Brigham Young University, Gerry Spence’s Trial Lawyers College, and the Strauss Institutes’ Program on Mediating the Litigated Case.




新型冠状病毒 – 加州劳工法指南

Written by Andy Katz, Translated by Ken Wang 当新型冠状病毒疫情广泛传播之际,许多工薪阶层人士正在思考如何保护他们自己和家庭—同时忧虑他们的工作和财务状况。 正当这篇博文书写之际(2020年3月27日),为力延缓病毒的快速扩散,加州州长纽森(Newsom)已下令,除了关键基础设施部门的工作以外,所有居民应呆在家中。 加州公共卫生局已发布了关于社交间距的建议,敦促年龄在65岁或以上且存在某些健康问题的人士,为高危人群,例如,心脏病、肺病、糖尿病、肾病以及免疫系统脆弱等老年患者。加州地方卫生局,包括Alameda、Contra Costa、San Francisco、San Mateo、 Santa Clara、Santa Cruz 和Sonoma县,指定所有60岁以上的居民为高危人群。加州大学旧金山分校专家建议,“除非紧急情况,所有60岁以上人士应呆在家中。” 这篇博文提供了一个总括有关工人如今所享受的权利,以便大家能权衡工作上的重要决定并让工人了解向雇主提出他们的要求时所需的信息。牢记许多宣传小组,包括加州劳工法律联会(CELA)和美国劳工法律联会(NELA)正在推动国会和州立法会通过立法,所以情况可能迅速改变。以下是有关加州工人在新冠疫情期间劳工权益的问题的重要回复。 失去了工资,如何求助? 如果加州工人因残障或减少工时而失去工资,可以向政府申请工资替代 需要工资替代来支持社交距离和居留在家的雇员,加州有两种福利或许会有帮助——州残障保险(State Disability Insurance – “SDI”)和失业保险(Unemployment Insurance – “UI”),均由就业发展部(Employment Development Department – “EDD”)管理。纽森州长已颁布了特别行政令,对于那些因COVID-19失业或致残的人士,取消通常的一周等待周期。 如果雇主因为COVID-19而关闭工作场所(例如公共卫生令要求居民留在居所),并不出薪或只出一部分薪水,雇员可以申请UI或SDI。失业金代替50%的工资,高达每周$450,应税。最近通过的联邦紧急补救法案(CARES Act)增加了失业金补助。该法案在现有福利的基础上每周增加$600,延长福利领用期至39周(原26周),并且允许从1月27日算起的追溯福利。联邦法律并为每位纳税人提供$1,200的税收抵免和每个小孩$500。年收入$75,000 – $99,000 的人士(或年薪$150,000 – $198,000的夫妇)得到的税收抵免按照收入程度逐步减少。 EDD公布了针对自雇人士和独立承包商如何申请失业金的指引。SDI只适用于那些参加了选修保险的独立承包商。自从加州通过AB5法,被误归类为独立合同工的工人,即便被雇主称为独立合同工,也应享有UI和其他劳工权益。联邦CARES Act为自雇人士提供长达39周的收入损失,从2020年1月27日至12月31日。 SDI规定,任何妨碍工人进行日常工作的疾病或受伤都属于残障保护范围内,福利覆盖由60%-70%工资,至最多每周$1300,共52周,且豁免所得税。一个工人必须不能工作至少8天,且必须在申领福利前提交有医生证明。从因疾病或受伤而停止工作那一天算起,工人可在49天内向EDD申请SDI。 虽然EDD未能确认是否批准高危人群中的申请人引用年龄原因来申请SDI,他们确认那些由于“正在或将要暴露在”COVID-19的人士,并且可提供医学文件证明,则可完成SDI的申索。 高龄工人,指那些根据年龄属于高危人群,且获得与年龄条件相关的“疾病”的医疗证明,或许有资格申领残障福利,尽管目前还没有明确的答案。当医生或保健提供填制残障证明时,他们应该考虑使用“R54”条款,即疾病国际分类法中的“与年龄相关的体质虚弱”,当没有其它确切的症状。 除了残障保险以外,EDD还负责管理有薪家庭假(Paid Family Leave – “PFL”)福利。此福利允许那些因COVID-19照顾患病或隔离的家人而无法工作的州民。申请者必须提供医生证明。PFL提供的工资代替与SDI相同,但最多长达6周。 如果雇主因COVID-19关闭工作场所,包括由于政府居留在家令,并完全不付或只提供支付一部分雇员工资,则工人可以申领失业金,或,符合条件者可申领SDI。UI覆盖大约50%工资,最多至每周$450,应税。 如果孩子的学校因冠状病毒关闭该怎么办? 加州学校紧急假和失业救济(法)或许可以对某些工人提供帮助 如果因为学校关闭而要照顾孩子丢掉工作,你或许符合申领UI的条件。EDD正在对关校申请进行个案到个案的处理,并鼓励那些被雇主减少工时的工人申请UI。UI规定通常要求申请人必须有能力随时恢复工作,EDD尚未决定是否取消该条例。但UI通常的七天等待期已被取消,所以工人可以立即申请UI福利。 上周国会通过了《新型冠状病毒疫家庭保护法》,并在4月3日生效。该法律为工人提供长达12周的假期,高达2/3…

About Ken Wang, Esq.

Legislative Policy Associate, California Employment Lawyers Association