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Month: July 2015

How to Return Information Belonging to Your Client’s Former Employer

Half of employees who left or lost their jobs keep confidential corporate data after they’ve left, according to a 2013 study. [i] This is not surprising since many employees, in performing their work duties, routinely have access to, and work with, their employer’s confidential or proprietary information. Smart phones, laptops,…

Misclassification: Independent Contractor vs. Employee

Under the California Labor Code, workers are presumed to be employees, not independent contractors. This means that the employer has the burden of proving that a worker is an independent contractor, rather than an employee. Even if an individual signs an agreement stating that she is an independent contractor, that…

Are Transgender Employees Protected in California?

California anti-discrimination laws cover a broader group of employees than federal equivalents like Title VII and the ADA. California law protects employees from discrimination because of their gender identity or gender expression. Under the Fair Employment and Housing Act (FEHA), an employer must allow any employee, transgender or otherwise, “to…

Medical Records are not Always Private

Many people believe that their medical records – including their therapy records – are private and cannot be disclosed to anyone other than themselves and their health care provider.  Unfortunately, that is not always the case.  While health care providers are usually required to maintain the confidentiality of medical information,…

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