The Test to Determine Whether a Worker is an Employee or a Contractor
Perkins Asbill Blog
by Perkins Asbill
1y ago
Why does it matter if a Sacramento worker is considered an independent contractor or employee? The difference is in the benefits. Employers do not have to provide as many benefits and rights to independent contractors as they do for actual employees.  To dig further into the disadvantages, contractors: Can be fired more easily than employees Are not eligible for unemployment insurance, minimum wage, or overtime pay Are not protected by state and federal anti-discrimination laws  Do not have income tax withheld  California Governor Gavin Newsom signed Assembly Bill 5.AB5, which ..read more
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Terminated for Discussing Pay in the Workplace – What Happens Next?
Perkins Asbill Blog
by Perkins Asbill
1y ago
Work culture in the United States puts a heavy emphasis on working hard for good pay, but part of that culture discourages workers from discussing pay. It’s considered rude in most conversations, but the truth is, it can let some employees know they are not being paid the same as others for the same work. Employers prefer that this information not get shared among staff members, but is it illegal to discuss pay in the workplace? The short answer is no. While companies may couch it in terms of “harassing” fellow employees or as against company policy, the law says being terminated for discussin ..read more
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Tesla Facing Another Racial Discrimination Lawsuit in California
Perkins Asbill Blog
by Perkins Asbill
1y ago
On June 30, 2022, in Alameda County, California, 15 former and current Tesla factory workers filed a racial discrimination lawsuit against Tesla for alleged “rampant” racial discrimination while working for the electronic vehicle manufacturer. Tesla, no stranger to employment discrimination claims, is facing several other lawsuits in the months ahead. Tesla’s Current Racial Discrimination Lawsuit According to the complaint, the 15 current and former employees suing Tesla are all current and former, male and female, African American factory workers alleging some form of racially motivated discr ..read more
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Walmart Facing EEOC Lawsuit for Disability Discrimination and Retaliation
Perkins Asbill Blog
by Perkins Asbill
1y ago
As a large, big box retailer, Walmart likely has extensive experience addressing various employment issues. Recently, the EEOC filed suit on behalf of a former employer that was terminated for seeking reasonable work accommodation based on their disability at a North Carolina Walmart.  The EEOC alleged in their lawsuit that Walmart violated aspects of the Americans with Disabilities Act (ADA), the federal law prohibiting disability discrimination, and Title VII of the Civil Rights of 1964, which prohibits employment discrimination based on an employee’s protected classification. Facts of ..read more
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