Berenji Law Firm, A Professional Corporation Every Worker Deserves TO BE TREATED FAIRLY 2026-08-31T04:50:08Z https://www.employeejustice.law/feed/atom/ WordPress On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[What is California’s ABC test and how does it affect wages?]]> https://www.employeejustice.law/?p=48150 2026-08-17T13:52:02Z 2026-08-17T10:31:24Z When working in California, you may fall under one of two worker classifications. One is the independent contractor (also known as the “1099 worker”)  category and the other is the traditional employee category. Your worker classification can affect wages, overtime, meal breaks and other protections. So, if your boss does not classify you correctly, you may not be receiving all your rightful benefits. Even if your employer claims you are an “independent contractor,” it does not automatically make it true. Many employers avoid paying benefits by calling their workers independent contractors, even when they are actually employees. However, the ABC test may help you determine what your lawful classification is.

What is the ABC test?

Under California Assembly Bill 5, the state established the ABC test as one standard used to check worker classifications. A hiring company must prove you fulfill three conditions to classify you as an independent contractor.  Unless you are under one of the explicit industry and professional exemptions under the law, the ABC test can determine whether you are an employee. Here are the criteria that identify independent contractors:
  • A. Autonomy and control: You are free from the hiring company’s control and direction when it comes to how you do your work
  • B. Business type: You perform work that is outside the scope of the company’s business (ex. Providing plumbing services for a restaurant)
  • C. Customary independent trade: You have an established independent trade or business with the same type of work.
An employer cannot merely fulfill one or two criteria. If they cannot prove you meet all three conditions, you are likely not an independent contractor. However, check if your situation falls under statutory exemptions, as you may need an evaluation under the Borello test.

How worker classification affects you

Job misclassification is not just a clerical error, it can have direct impact on your wages and daily work life. An employee has specific benefits that hiring companies must provide under state law. Here are a few examples of your entitlements if you are an employee instead of an independent contractor:  
  • Minimum wage. Independent contractors are not subject to minimum wage laws. However, California employees have a statewide baseline minimum wage ($16.90/hour in 2026), with higher rates mandated by state law or local ordinances.
  • Overtime pay. Employees in California must earn 1.5x their regular rate for work performed over 8 hours/day or 40 hours/week. If your work goes over 12 hours/day or over 8 hours on the 7th consecutive day, you earn 2x.
  • Meal breaks and rest periods. California has some of the strictest break laws in the country. Failing to provide you with these breaks entitles you to additional pay for each workday the violation occurred.
If you believe your boss may have misclassified you, you may be able to recover lost benefits. Your employer may owe you "back pay" for unpaid overtime, missed breaks and even reimbursement for business expenses. The California Labor Commissioner’s Office allows workers to file wage claims to recover these funds.

Taking action

Because of the complexity of labor laws, you may want to consult a legal professional to ensure your rights remain protected. In California, the ABC test is the gold standard that distinguishes between exploitation and just pay.  ]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[Can your employer deny a disability accommodation?]]> https://www.employeejustice.law/?p=48149 2026-07-21T13:21:51Z 2026-07-21T13:21:51Z When an employer may deny your request Employers should review each request based on the employee's situation instead of relying on blanket policies. Your employer may deny an accommodation request for reasons such as:
  • Undue hardship: Your employer may deny an accommodation if it would create significant difficulty or expense based on the company's size, resources and business operations.
  • Essential job functions: An employer may deny a request if you could not perform the core duties of your position even with the accommodation.
  • Direct safety threat: An employer may deny a request if the accommodation would create a serious safety risk that no reasonable alternative could address.
  • Alternative accommodation: Your employer may offer a different accommodation if it would meet your needs, even if it is not the option you requested.
Your employer should review your request before deciding whether to deny it. An employer generally cannot rely only on convenience or assumptions about your medical condition.

Exploring reasonable alternatives

A denied request does not always end the conversation. If your employer cannot approve the accommodation you requested, another reasonable option may still be available. The law generally requires employers and employees to discuss possible accommodations before a final decision. They should explore options that let you perform your job. Many disputes begin when that discussion ends too soon or employers stop looking at other reasonable options.

A denial is only part of the story

A denied request does not tell the whole story. The reason for the denial matters, but so does the process that led to the decision. Employers should review each request based on the employee's situation and consider whether another option would work. The reason for the denial and the employer's actions can help show whether the employer met its legal duties.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[Can an employer demand your disability diagnosis in California?]]> https://www.employeejustice.law/?p=48147 2026-07-07T12:29:49Z 2026-07-07T12:29:49Z What information can employers request about your disability? California law limits the medical information employers may request. Under the Fair Employment and Housing Act (FEHA), they generally cannot require employees to share a specific diagnosis. However, they may request documents confirming a disability and the need for accommodations. A doctor can submit a note describing work limits. This helps employers understand what adjustments may be needed. However, the note does not need your diagnosis.

Do employers need to know your specific medical condition?

In most cases, the answer is no. The law recognizes that sharing a specific diagnosis can lead to discrimination at work. Many conditions carry unfair assumptions. These often have nothing to do with job performance. Both the Americans with Disabilities Act (ADA) and FEHA require that medical inquiries stay related to the job. The focus should remain on what accommodations help work performance. Not on the underlying health condition itself.

What happens if an employer asks for too much information?

When employers request more medical information than the law allows, they may be violating your privacy rights. Such requests can also create a hostile work environment. Documenting these requests is an important first step. Keep records of emails, written requests or notes from conversations about medical information. These can become crucial evidence later. In some cases, speaking with a human resources staff member about privacy concerns may help address the issue. If an employer continues overstepping, you may be able to take further action. This may include filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). However, handling these steps alone can be difficult due to complex employment laws.

Protecting your medical privacy in the workplace

Medical privacy is a fundamental right in California workplaces. Employers must respect legal boundaries when requesting health information from employees. Knowing what questions cross the line can help you recognize improper requests. This can help you respond appropriately when concerns arise.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[When and how to disclose your pregnancy to your employer]]> https://www.employeejustice.law/?p=48146 2026-06-23T15:04:51Z 2026-06-23T15:04:51Z Timing your announcement After finding out that you are pregnant, you have the right to keep the news to yourself at first. There is no legal requirement in California for employees to disclose their pregnancy the moment they find out. However, if you need to take time off work for doctors’ appointments or for childbirth, you generally have to give at least 30 days' notice to your employer. Moreover, if you need immediate changes at work, disclosing your pregnancy sooner can initiate the interactive process for reasonable accommodations.

Documenting your conversations

When you are ready to share the news, it is often a best practice to request a private meeting with your direct supervisor or a human resources (HR) representative. Sending a follow-up email after the session helps confirm the details of your discussion. You can explicitly state that you are pregnant, your expected due date and any accommodations discussed. That email creates a critical paper trail. A timestamped record can show your employer was informed about your pregnancy, providing protection if they later attempt a retaliatory termination or demotion.

Safeguarding your career beforehand

Before disclosing that you are pregnant, it can be helpful to gather copies of any recent positive performance reviews, awards or other records praising your work. If your employer later criticizes your work after learning that you are expecting, these records can help challenge those claims. You can also rely on this evidence if you need to prove that any sudden negative treatment was motivated by your pregnancy, not your actual job performance.

Helping enforce supportive workplaces

By being proactive about disclosing your pregnancy, you can protect your professional standing while embracing this exciting new chapter. Because every workplace dynamic is different, consulting an employment lawyer can be beneficial. They can help you draft a sound disclosure notice, understand your rights and handle negative pushback from your employer.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[Are you paying business expenses out of pocket?]]> https://www.employeejustice.law/?p=48143 2026-05-29T11:38:57Z 2026-05-29T11:26:21Z may not think twice about using your own money for work expenses. However, those costs can add up quickly. If you regularly pay for mileage, internet service, tools or office supplies, California law may offer protections that could help you recover some of those expenses. In many workplaces, employees cover job related costs without realizing they may qualify for reimbursement. As a result, you may wonder which expenses your employer should repay and what steps could help you protect yourself.

Understanding California reimbursement protections

Under the California Labor Code, employers generally must reimburse employees for necessary expenses connected to their job duties. The law often applies when you spend your own money to complete tasks your employer requires. Some common examples may include:
  • Paying for mileage during work related travel
  • Using your personal cell phone for business calls
  • Covering home internet costs for remote work
  • Purchasing tools, uniforms or safety equipment
  • Buying office supplies for your job
Even small expenses may add up over time. Therefore, tracking your costs may help you better understand how much you spend each month for work related needs.

Keeping records to support your requests

Clear records may help make reimbursement discussions easier. For example, you may benefit from saving receipts, mileage logs and copies of work related purchases. In some situations, written communication about required expenses may also help clarify expectations. You may want to keep records such as:
  • Tracking the dates and amounts of purchases
  • Saving copies of receipts or invoices
  • Maintaining mileage tracking information
  • Keeping emails or messages about work expenses
Organized records may help reduce confusion if questions arise later about reimbursement requests.

Evaluating remote work expenses

Remote and hybrid work arrangements sometimes create new out of pocket costs. For instance, you may pay higher internet bills, use your personal phone more often or purchase equipment to complete your work duties at home. California courts have recognized that employers may need to reimburse employees for a reasonable share of necessary remote work expenses in some situations. Still, reimbursement issues often depend on the specific facts of your workplace arrangement and the nature of your job duties.

What you may want to keep in mind

Work related expenses can place financial pressure on employees, especially when those costs continue month after month. Although every situation differs, understanding California reimbursement protections may help you recognize when certain expenses could qualify for repayment.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[How does California protect pregnant workers from discrimination?]]> https://www.employeejustice.law/?p=48141 2026-03-25T14:06:57Z 2026-03-25T14:06:57Z California's legal protections for pregnant employees By law, employers have responsibilities when it comes to pregnant employees. These rules cover hiring, promotions, work duties, leave and accommodations. This keeps you safe during your pregnancy. Relevant protections include:
  • Right to non-discrimination: Employers cannot fire, demote, cut hours or deny promotions due to pregnancy because of protections under California Government Code Section 12940.
  • Right to accommodations: Employers must provide adjustments like modified duties, seating, schedule changes or less strenuous work.
  • Right to interactive process: Employers must work with you in good faith to find reasonable accommodations for your pregnancy.
  • Right to leave: You may take up to four months of job-protected leave if you are disabled by pregnancy under California Government Code Section 12945.
Knowing your rights helps you spot unfair treatment. It also makes it easier to speak up or file a complaint. These protections allow you to continue working safely and fairly without having to worry about receiving fewer opportunities in comparison to other employees.

Taking action after experiencing pregnancy discrimination

If your employer refuses leave or accommodations, gather evidence and take notes. You can file a complaint with the California Civil Rights Department under the Fair Employment and Housing Act to take action against an employer who is discriminating against you for your pregnancy. This way, you can protect yourself and do your part in preventing the same problem from happening to other pregnant employees in the future.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[Can sexual harassment happen in remote workspaces?]]> https://www.employeejustice.law/?p=48139 2026-03-06T15:36:14Z 2026-02-23T15:02:20Z What sexual harassment can look like online The unfortunate reality is that remote work does not eliminate sexual harassment. It only shifts the setting and can even make the behavior harder to recognize at first. Instead of comments in a hallway or at a desk, the misconduct appears in chat threads, private messages or video calls. These interactions can look like:
  • Repeated late-night messages with flirtatious or sexual undertones
  • Comments about your body or appearance during video meetings
  • Explicit jokes or images shared in group chats
  • Invitations to private video calls that drift into personal territory
  • Exclusion from meetings or projects after you decline advances
Whether these interactions happened over Slack, Zoom, Teams or any other digital platform does not matter. What matters is how it affected your ability to work and whether it altered your work environment in a significant way.

How digital evidence shapes these cases

One defining feature of remote work is the record it creates. Every interaction documents patterns of behavior over time. Unlike passing comments in a hallway, digital communication leaves a trail. That record can become significant if concerns are raised later. Screenshots and message histories can help establish context and sequence. In disputes involving online harassment, that documentation may influence how the situation is evaluated.

If you decide to speak up

Recognizing inappropriate conduct is one step. Deciding whether to report it is another. You may worry about how your employer will respond or whether speaking up will affect your position. California law not only prohibits sexual harassment, it also protects employees who report it in good faith. An employer cannot lawfully punish you for raising concerns about workplace sexual harassment. If your hours are reduced, responsibilities change or employment ends after you make a complaint, the employer’s response can become a separate legal issue. Retaliation carries its own consequences under state law. You are not required to tolerate harassment to keep your job, and you are not required to stay silent to protect your position.

When something does not sit right

Remote platforms have changed how people communicate, but they have not lowered the standard for respectful behavior. You deserve a workplace free from harassment, whether you work in an office tower in Beverly Hills or from your living room in Irvine. You do not have to minimize your experience, and you do not have to navigate it blindly. Understanding how workplace protections apply to digital conduct can give you steadier ground as you decide what feels right for you.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[What to do when an employer ignores your doctor’s note]]> https://www.employeejustice.law/?p=48138 2026-01-16T15:57:34Z 2026-01-16T15:57:34Z Understanding the interactive process After informing your employer about your condition and providing a doctor’s note, the California law requires them to respond. Under the Fair Employment and Housing Act (FEHA), employers have the legal obligation to engage in a prompt and candid interactive process. Additionally, your manager cannot ignore your request or delay the conversation indefinitely.

Establishing a paper trail as evidence

You may have the right to sue an employer for failing to start an interactive process. While their silence can be a separate violation of FEHA, you need to show that if they had talked to you, there would have been a reasonable accommodation available at the time. If your employer refuses to talk, gather evidence by keeping a log of every unreturned email and rescheduling meetings that never happened.

Actions to take to move forward

Considering that your employer fails to discuss with you, send them a follow-up email about your accommodation request. If the silence continues, it may be time to speak with an employment law attorney. They can review your case and offer helpful insights on the matter.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[What to do if hours get cut during pregnancy]]> https://www.employeejustice.law/?p=48133 2025-12-22T15:12:23Z 2025-12-22T15:12:23Z Start tracking every schedule change Begin recording exactly when the changes happen, how many hours your employer cut, who made the decision and what justification they gave (if any). Save copies of schedules, text exchanges and emails that show the difference between your usual workload and what you’re working now. If others in your role continue to receive steady hours, make note of that comparison. This isn’t just recordkeeping; it’s the groundwork for any future action you may need to take.

Ask your employer to explain in writing

You have the right to ask for a written explanation, and doing so puts the burden on your employer to clarify — not just in conversation, but in a form they can’t quietly revise later. Keep your tone professional, but be firm in asking for something you can refer back to. A vague, inconsistent or overly generic answer might seem harmless at first, but it often signals more than your employer wants to admit outright.

Bring the issue to HR or file an internal complaint

If the situation doesn’t improve, file a formal complaint through HR or whatever internal reporting system your workplace uses. Be specific about what changed, when your employer made the change and when you disclosed your pregnancy. You’re not overreacting. You’re identifying a pattern your employer should address. Internal complaints help establish that you followed the process and gave them a fair chance to fix it.

Contact the Civil Rights Department if it continues

If your employer keeps reducing your hours or starts to retaliate in other ways, you can file a complaint with the California Civil Rights Department. The CRD enforces pregnancy discrimination protections and investigates cases involving reduced hours, retaliation and job-related penalties tied to pregnancy. You don’t need a lawyer to begin, but you do need to organize your records and outline a clear timeline that shows what happened and why it matters.

Don’t wait for it to get worse

You don’t have to lose your job to prove something’s wrong. If your hours dropped right after you disclosed your pregnancy, that shift alone is worth paying attention to. The sooner you respond, the more control you keep and the harder it becomes for anyone else to rewrite the story.]]> On Behalf of Berenji Law Firm, A Professional Corporation <![CDATA[4 ways to protect yourself from pregnancy bias]]> https://www.employeejustice.law/?p=48132 2025-12-01T15:12:31Z 2025-12-01T15:12:31Z Pregnancy discrimination can feel stressful and isolating, especially when you want to focus on your health and career. California offers strong protections for pregnant employees under the Fair Employment and Housing Act and the California Family Rights Act. Knowing your rights and taking proactive steps can help you protect yourself and your career.

Know your rights under California law

Your employers cannot fire, demote or penalize you because of pregnancy, childbirth or related medical conditions. California employers with five or more employees must provide reasonable accommodations, such as lighter duties, schedule adjustments or additional breaks. Pregnancy disability leave and CFRA leave allow you time off without losing your job. Understanding these protections gives you a foundation to act confidently if bias arises.

Four ways you can safeguard yourself

Once you understand your rights, there are practical ways to prevent pregnancy discrimination at work. Consider these four actions:
  • Document everything: Keep emails, performance reviews and notes about any comments or incidents related to your pregnancy.
  • Request accommodations in writing: Submit formal requests to ensure your needs are on record.
  • Know your leave options: Learn about pregnancy disability leave, CFRA and federal FMLA rights.
  • Communicate clearly and professionally: Stick to facts when discussing your needs with supervisors or HR.
Taking these steps can help you build a strong record, protect your rights and maintain your peace of mind.

Protect your career and your rights

You have the right to a fair workplace during pregnancy. California law gives you strong protections and you can reinforce them by acting early. If you notice discrimination, an experienced California employment attorney can give you guidance on your available options. When you understand your rights, document your concerns and seek guidance when needed, you can stand up to bias while focusing on your health and career. You do not have to face pregnancy discrimination alone. Taking these steps can help you protect both your job and your future.]]>