Federal Regulations “Natural” “GMO” “Organic” The primary authorities in the federal regulation of food labels are from the Federal, Food, Drug, and Cosmetic Act (FFDCA), the Nutrition Labeling and Education Act (NLEA), the FDA and the Federal Trade Commission (FTC).  In addition to regulatory issues surrounding the terms “natural,” “GMOs,” and “organic” that have been involved in the significant food-labeling cases to date. Congress passed the FFDCA in 1938 to grant the FDA power to ensure that “foods are safe, wholesome, sanitary, and properly labeled.”  Two sections of the FFDCA that are often referenced in food-labeling lawsuits are sections 201(n) […]

Did 9/11 cause cancer? How is 9/11 and cancer connected? 9/11 terror attacks shaped the course of history in many ways, including starting a global war on terror. In the US, the attacks brought serious concerns over the short-term and long-term health effects of exposure to “WTC toxins”.  There were concerns about exposure to pulverized building materials, furniture, and electronic equipment that 9/11 first responders, volunteers, and individuals living and working in neighboring environs had to breathe in for months during the WTC site rescue, recovery, and cleanup process.  Months after the attacks, smoke from ongoing fires continued to pollute […]

Who is James Zadroga? James Zadroga was an NYPD (New York City Police Department) officer who died on 5th January 2006 of a respiratory illness linked to his involvement in rescue and recovery operations at the WTC (World Trade Center) site following the 11th September 2001 terrorist attacks. Zadroga was the first individual whose death was officially recognized as being caused by exposure to toxic chemicals and materials at the 9/11 attack sites.  Since joining the NYPD in 1992, Zadroga had risen in rank and become a Detective. He wasn’t a smoker and had no previous history of respiratory conditions. […]

Overtime definition: What is overtime? Overtime can be defined as time spent working beyond typical working hours. The term can also be used to refer to the pay a person receives for this time.  According to the DIR (Department of Industrial Relations), overtime is extended to nonexempt California employees – employees who are directly supervised and paid an hourly wage as opposed to a monthly salary. Nonexempt employees are protected by California wage and hour laws, which require meal breaks, rest breaks, and overtime. Here’s more on nonexempt and exempt employees in California. How many hours is overtime? California has […]

What is sexual harassment? According to the DFEH (Department of Fair Employment & Housing), sexual harassment is any unwanted sexual advances, visual, verbal or physical conduct/contact of sexual nature. The definition of sexual harassment encompasses many forms of offensive behavior, including gender-based harassment directed towards persons of the same sex.  The DFEH is the agency responsible for protecting California employees and job seekers from employment discrimination.  According to the DFEH, sexual harassment includes but isn’t limited to the list of behaviors below: Sexual harassment examples  i. Verbal conduct, such as using/making derogatory comments, slurs, epithets, and jokes. Verbal abuses of […]

Employees can be paid in several ways. Some get paid fixed salaries while others get hourly wages. Some are also paid on a commission basis.  If you are paid a commission basis, you are considered to be on commission pay.  Some jobs, especially those in sales and marketing, offer commission pay as an employee’s sole earnings or as an addition to the base salary.   What does commission mean? To understand commission pay, you need to define the term commission. According to California Labor Code 204.1, commission is defined as compensation paid to any individual for the services they render in […]

The IRS defines an independent contractor is an individual in independent trade, profession, or business offering their services to the public. Doctors, accountants, lawyers, contractors, and auctioneers are good examples of independent contractors, according to the IRS.   Independent contractors can also be defined as self-employed individuals who provide services that can’t be controlled by an employer. Employers don’t have the right to dictate the details of how services are rendered when working with independent contractors. If you are told what should be done as well as how it should be done, you are not an independent contractor. Misclassification of employees […]

Are you an exempt or non exempt employee? Your employment status in California can be confusing, yet it is crucial in determining if you qualify for certain perks like overtime, meal breaks, rest breaks, etc. There are two types of employees in this regard, namely: exempt and non exempt employees.   Definition of an exempt employee in California Exempt employees are employees who don’t qualify for overtime, meal breaks, rest breaks, etc. What’s more: The wage and hour laws in California don’t apply to exempt employees.   A California employee is regarded as exempt if they meet the legal definition of an […]

Constructive Discharge Resignation Letter onstructive_Discharge_Claims”>How to Prove Constructive Discharge Claims? uctive_Discharge_in_California”>What is a Constructive Discharge in California? s in their workplace. For example, you may be mistreated or receive negative pay for reasons that are not related to work ethic or face discrimination and harassment. If such mistreatment rises to a level where no reasonable person would continue in this position, your employer may be found liable for constructive discharge. In this article, we will discuss how constructive discharge is defined in California, when do you qualify for it, and what to do if you find yourself in an unpleasant […]

California has arguably the best maternity and related laws in the US. While most employees in other states rely on federal law (FMLA), California has enacted several laws offering additional rights and protections. Before highlighting those laws, it’s important to define maternity leave. Definition of maternity leave Maternity leave can be defined as absence/time off from work granted to an expectant/new mother before/after they give birth. The term tends to be used interchangeably today to refer to paternity leave (maternity leave for new fathers). The term also extends to leave taken after adoption or a foster care placement and not […]