Todd B. Barsotti, A Professional Law Corporation Todd B. Barsotti, A Professional Law Corporation 2026-07-08T23:27:25Z https://www.barsotti-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1201606/2020/04/cropped-favicon-32x32.png On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Can your employer penalize you for chronic pain or severe anxiety?]]> https://www.barsotti-law.com/?p=49502 2026-07-08T23:27:25Z 2026-07-08T23:27:25Z What California law requires your employer to do California law does not allow employers to ignore a doctor's note. Your employer must discuss possible accommodations with you in good faith. Attorneys refer to this as the "interactive process,” a required conversation between you and your employer. Your employer cannot bypass this requirement. Ignoring your doctor's note or refusing to meet with you constitutes a violation of California law.

Signs your employer may be crossing a line

Not every hard situation at work qualifies as illegal. But some patterns point to a real problem. Watch for these warning signs:
  • Your employer ignores a doctor's note about your condition.
  • You ask for a workplace change and get no response.
  • Your hours get cut or you get demoted after disclosing your condition.
  • You receive sudden negative reviews after sharing your health issue.
If any of these sound familiar, your employer may be failing their legal duty.

What a reasonable accommodation actually looks like

A reasonable accommodation is any workplace change that allows you to perform your job effectively. It does not have to be significant. Common examples include modified schedules, remote work options, adjusted duties or ergonomic equipment. Your employer can push back if a change would cause serious business hardship. But they must prove that. They cannot refuse without explanation.

Steps to take if your employer is not cooperating

Taking action early gives you the best chance of protecting your rights. Here are practical steps you can take right now:
  • Put your requests in writing. A written record protects you if things escalate. Keep copies of every accommodation request, doctor's note and related email.
  • Document everything that happens after you disclose. Note any changes in your schedule, duties or treatment. Dates and details matter if you need to prove a pattern later.
  • File a complaint with the California Civil Rights Department. This state agency investigates workplace discrimination claims and can walk you through the process.
These steps cost you nothing but time, and they build a record that protects you no matter what comes next.

Your health condition should not cost you your rights

Yes, your employer can face legal consequences for penalizing you over a health condition. California gives you real protections, and your employer has a legal duty to work with you in good faith. If something feels wrong about how they are treating you, trust that feeling. Consider consulting with a California employment attorney to help you make sense of your particular situation.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Unfair treatment at work? 3 steps to take to prove bias ]]> https://www.barsotti-law.com/?p=49499 2026-05-28T14:10:33Z 2026-05-28T14:10:33Z Workplace bias occurs when an employer treats you poorly because of your race, gender or disability. In California, this illegal choice includes sudden demotions, unfair discipline or unexplained pay gaps. Proving bias requires clear proof that links your boss’s negative actions to your protected traits. Employees must build a strong foundation of facts to hold companies accountable. State laws protect you, but you must gather the facts first.

Document Every Interaction

Start a detailed log of every unfair incident immediately. Write down precise dates, exact times, locations and the names of any witnesses. Save relevant text messages, performance reviews and workplace emails to a personal device. Do not use your company computer for this storage. Clear timelines prevent management from changing the story during a company review.

Identify Disparate Treatment

Examine how your boss treats your peers. Note if managers excuse certain mistakes in other workers but discipline you for those same actions. This clear difference in treatment provides critical evidence for your case. It demonstrates that your employer targets you based on identity rather than actual job performance.

File an Official Report

Submit a formal written complaint to your Human Resources department. State clearly that your boss targets you because of your protected trait. This action creates a mandatory paper trail. It protects you under state law against workplace retaliation. The California Civil Rights Department expects you to take internal steps before you advance a legal case.

Partner with an Experienced Ally

California labor laws guard your workplace rights, but corporations deploy big resources to defend themselves. A skilled employment attorney understands the strict rules and technical filing choices. They evaluate your gathered proof, develop an effective strategy and guide you toward the fair justice you deserve.   ]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Your service animal rights in Fresno, California workplaces]]> https://www.barsotti-law.com/?p=49498 2026-03-27T06:10:53Z 2026-03-27T06:10:53Z Your service animal is essential for your daily life, and that includes your job. As an employee in Fresno, California, understanding your rights to have your service animal at your workplace is vital for your career and independence.

Service animals and your rights in the workplace

The Americans with Disabilities Act (ADA) generally defines a service animal as a dog, and sometimes a miniature horse, specifically trained to do work or perform tasks for an individual with a disability. These tasks can include guiding people who are blind, alerting people who are deaf or assisting with balance. This distinction is important because it separates your service animal from emotional support animals, which typically do not have the same legal protections in the workplace.

California laws and your employer's responsibilities

In California, your rights as an employee have strong protection under the Fair Employment and Housing Act (FEHA). This state law often offers broader safeguards than the ADA and requires employers to accommodate employees with disabilities. California Government Code section 12940 specifically outlines this duty, meaning your employer may need to allow your service animal at work.

What your employer can ask

When you request to bring your service animal to work, federal and state laws limit what your employer can ask. They can ask:
  • If the animal is necessary because of a disability
  • What work or task you have trained your animal to perform
However, your employer cannot:
  • Ask about your disability's nature or severity
  • Demand the animal demonstrate its trained task
  • Charge you a fee
If your disability or the animal's need is not obvious, your employer may request medical documentation to confirm you have a disability and explain why the animal is necessary for your job.

Protecting your place in a fair workplace

Navigating service animal requests requires careful consideration of your individual needs and legal rights at work. A clear understanding of these guidelines can help you maintain a productive and respectful workplace in Fresno. Missteps in this process can lead to significant disruptions and legal challenges, highlighting the importance of informed decision-making. Your ability to work with your service animal may depend on understanding these critical details.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[What to do when there’s an error in your paycheck]]> https://www.barsotti-law.com/?p=49496 2026-01-23T09:52:02Z 2026-01-30T17:51:31Z California wage laws provide strong protections, but those protections often depend on taking timely action. Knowing how to respond to a payroll error can help safeguard your income and prevent ongoing disputes.

Steps to take when your paycheck is wrong

When you notice a payroll issue, taking these clear and consistent steps helps document the problem and move it toward correction:
  • Review your pay stub carefully: Compare reported hours and pay rate against your own records, including overtime and deductions. Small errors can hide in plain sight.
  • Gather your documentation: Save timecards, work schedules, emails and prior pay stubs. These materials help establish a clear paper trail.
  • Report the issue promptly: Contact payroll or human resources in writing (email is best) and explain the concern with specific details.
  • Follow up in writing: If the issue continues, send a short follow-up email to show that you made reasonable efforts to resolve the problem.
  • Verify the correction: Once an adjustment is made, confirm that the back pay or corrected check fully addresses the amount you were owed.
Taking these steps early often leads to faster corrections, especially when employers can review clear supporting records. If payroll issues continue, maintaining thorough documentation becomes even more important.

The importance of accurate records

Accurate records protect you when pay disputes arise. California law places wage obligations on employers, but employees still benefit from keeping their own proof. Personal logs of hours worked, breaks taken and pay received help confirm the facts. Good records also deter repeat problems. When an employer knows you track your pay closely, errors tend to stop. If a dispute escalates, documentation often makes the difference between a quick resolution and a drawn-out conflict.

Preventing future payroll problems

You can reduce future issues by staying proactive and reviewing each paycheck as soon as you receive it. Asking questions early, even about small discrepancies, and keeping digital or paper copies of pay-related documents in one place can help prevent repeat problems. If payroll errors continue or involve missing wages, overtime or retaliation for speaking up, legal guidance can help. An employment attorney can explain your options and help enforce your rights under California law. Payroll errors affect more than numbers on a check. They affect trust, stability and financial security. By reviewing your pay, keeping strong records and speaking up early, you place yourself in the best position to fix mistakes and prevent future ones. When an employer fails to correct ongoing payroll problems, learning about your legal options can help you move forward with confidence. Protecting your paycheck also protects your future.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Difference between microaggressions to overt harassment at work]]> https://www.barsotti-law.com/?p=49478 2026-01-21T09:16:51Z 2025-12-23T15:25:26Z Workplace harassment does not always look the same. Some actions are clear and direct. Others are subtle and easy to miss. The law protects workers from conduct that creates a hostile work environment. Knowing how harm can manifest helps employees spot issues early and respond appropriately.

Understanding the range of workplace harassment

Harassment exists along a wide range. On one end are microaggressions. These are small comments or actions that may seem harmless at first. Over time, they can cause real harm. Examples include jokes about accents and constant interruptions. Others include remarks that question a person's skills because of gender, race, age or disability. On the other end is overt harassment. This includes sexual advances, threats, slurs, unwanted touching or open hostility. These actions are easier to recognize. Often, they grow from smaller behaviors that went unchecked. California law recognizes both subtle and obvious conduct. For behavior to be illegal, it usually must be severe or pervasive. This means it is serious enough, or happens often enough, to change work conditions and create an abusive environment. In other words, a single minor comment may not break the law, but a repeated pattern of harm can cross that line.

When and how to take action at work

Deciding when to act can be hard. If behavior causes discomfort, embarrassment or fear, it matters. Workers can start by writing down what happened, when it happened and who saw it. Reporting concerns to a supervisor or human resources is often the first step. On the other hand, speaking up can also protect coworkers who may face the same treatment. Employers also have an obligation to prevent harassment and respond to complaints.

Getting support when problems continue

Sometimes, internal reports do not lead to change. This can leave workers feeling unsure or overwhelmed. Speaking with an employment attorney may help clarify whether conduct breaks the law. An attorney can explain options, timelines, and protections against retaliation. Seeking legal information does not mean taking immediate action. For many workers, it offers guidance and peace of mind while they decide what to do next.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[The difference between wrongful termination and unfair termination: what you need to know]]> https://www.barsotti-law.com/?p=49477 2026-01-21T09:16:59Z 2025-09-26T12:41:23Z Losing a job can feel confusing and frustrating, especially if you believe it was unjust. In California, employment law has specific terms that define different situations. Many people use "wrongful termination" and "unfair termination" interchangeably, but they mean different things under the law.

What is wrongful termination?

Wrongful termination happens when an employer fires you for an illegal reason. This could include discrimination based on race, gender, age, disability, or religion. It also covers being fired in retaliation for filing a complaint, reporting harassment, or taking protected leave. In these cases, the termination violates specific laws meant to protect employees from unlawful treatment.

What is unfair termination?

Unfair termination does not always mean the firing was against the law. California is an at-will employment state, which means employers can let employees go for almost any reason, as long as it’s not discriminatory or retaliatory. Being fired because of personal conflicts, poor communication, or company downsizing may feel unfair, but those situations do not always meet the legal definition of wrongful termination.

Key differences between the two

The main difference lies in whether the law has been broken. Wrongful termination is illegal and gives you rights to pursue legal remedies. Unfair termination, while upsetting, may not provide legal grounds for a claim. Understanding this distinction can help you know whether your situation falls under a violation of your rights or simply reflects an employer’s at-will authority.

Protecting yourself as an employee

If you believe you were wrongfully terminated, keep detailed records of what happened, including emails, performance reviews, or witness statements. Documentation can help show whether your termination was based on illegal reasons. Even if your termination was unfair but not unlawful, understanding your rights can help you make informed decisions about your next steps.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Unfair or discriminatory pay: What to do if you’re being paid less because of your gender, race, or other protected characteristic]]> https://www.barsotti-law.com/?p=49475 2025-08-05T15:58:37Z 2025-08-05T15:58:37Z Getting paid fairly for your work matters. When someone doing the same job makes more just because of their gender, race, or other protected trait, that's not just wrong—it's against the law. In California, the Equal Pay Act gives you strong protection against unfair pay practices.

Understanding equal pay laws in California

California's Equal Pay Act says employers must pay employees equally for "substantially similar work." That means if two workers do nearly the same tasks with similar skill, effort, and responsibility, they should get the same pay—regardless of gender, race, or ethnicity. The law covers more than just job titles. Even if roles have different names, what matters is what you actually do. If you're getting paid less than someone else doing similar work, and the reason seems tied to your gender or race, it may be illegal.

How employers try to justify pay differences

Sometimes employers defend pay gaps by pointing to factors like experience, education, or performance. These are valid reasons—but they must be real and consistently applied. They can’t just be excuses to hide discrimination. The law requires employers to explain the reason for any pay difference. If they can’t show a legitimate reason, the pay gap could violate the law.

Steps you can take if you're underpaid

Start by gathering information. Compare your duties, experience, and pay to coworkers with similar jobs. Save emails, pay stubs, and job descriptions. This can help show whether a pay gap exists. Then, consider talking to your employer or HR department. Ask questions and document their responses. If that doesn't solve the issue, you can file a complaint with the state's Labor Commissioner or the Department of Fair Employment and Housing. You deserve to be paid fairly for your work. Pay discrimination isn't just about money—it's about respect and equal treatment. Holding employers accountable helps make workplaces fairer for everyone.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[Pregnancy and your career: Legal protections for expectant mothers in California]]> https://www.barsotti-law.com/?p=49473 2025-06-10T19:39:15Z 2025-06-10T19:39:15Z Telling your employer Sharing your pregnancy news with your employer can be daunting. Many women worry that others see them as less committed to their jobs. Yet, it is essential to inform your employer when your pregnancy affects your work or punctuality. Legal protections only apply once your employer knows you are pregnant. You can notify them verbally, via email, or through a formal letter. Documenting this communication helps establish that your employer is aware. If you require accommodations due to pregnancy, inform your employer in writing. For instance, if morning sickness affects your arrival time, explain the situation in a short email. This initiates the process for receiving necessary accommodations.

Understanding pregnancy discrimination

California's Fair Employment & Housing Act (FEHA) prohibits discrimination based on sex, which includes pregnancy, childbirth, and related medical conditions. Employers must treat pregnant employees like others with similar work abilities or limitations. The Pregnancy Disability Leave Law (PDLL) offers additional protection. It covers medical conditions like severe morning sickness and post-partum depression. You can take leave for these conditions without worrying about job security. PDLL applies regardless of your tenure at the job and allows up to four months of leave.

Accommodations and recovery

Pregnancy often brings health challenges. Communicate any work-related issues with your doctor and employer. Work together to find suitable accommodations. If severe morning sickness causes lateness, discuss schedule modifications with your employer. PDLL covers childbirth and recovery periods. Regulations provide guidelines for recovery time based on delivery type. Your doctor may recommend additional time off, which you should communicate to your employer. If you exhaust the PDLL leave, FEHA may offer further accommodation.

Baby bonding leave and breastfeeding

California offers baby bonding leave through the California Family Rights Act (CFRA) and the New Parent Leave Act. You can take up to 12 weeks to bond with your baby, provided you meet specific criteria. Notify your employer 30 days in advance. For breastfeeding mothers, employers must provide reasonable break time and a suitable location to pump milk. This should not disrupt workplace operations.

Compensation and benefits

Expectant mothers can explore compensation options from the state during pregnancy and bonding leave. Check with the Employment Development Department for benefits like Paid Family Leave and Disability Eligibility. Discuss with your employer about maintaining employment benefits during leave.

Addressing retaliation or denial of rights

Most employers follow the law, but some may not. If your employer denies leave, disciplines you, or discriminates against you due to pregnancy, consider consulting a lawyer. The law protects pregnant women from harassment and discrimination. In cases of discrimination, you may recover lost wages, emotional distress damages, and attorney fees. California laws aim to support expectant mothers and ensure a fair workplace during this significant life event.  ]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[How California’s overtime laws expand on federal regulations]]> https://www.barsotti-law.com/?p=49472 2025-04-12T01:35:08Z 2025-04-12T01:35:08Z When are overtime wages necessary? As is the case under federal law, California employees have a right to overtime pay after they work 40 hours in a workweek. The workweek doesn’t necessarily run from Monday to Friday. Employers can choose when they begin and end the workweek as long as it is consistent. In some cases, hourly employees and non-exempt salaried employees may be eligible for overtime pay despite working fewer than 40 hours. If employers require that employees work seven days in a row, the hours worked on the seventh day are all overtime under state law. Even if the employee only works a three-hour shift each day, they deserve at least 150% of their usual hourly wages for the three hours worked on the seventh consecutive day. Particularly long shifts can also lead to overtime wages. Under California law, workers can receive overtime pay after they have put in more than eight hours per shift. In fact, once a shift reaches 12 hours, they may have a right to 200% of their usual hourly wage. There are certain exceptions for workers in certain specific professions, including nannies and those who work in healthcare. Learning about unique provisions included in California employment statutes can help workers recognize when employers may have violated their rights or underpaid them. Hourly workers and non-exempt salaried workers may be eligible for overtime wages after working without days off or enduring particularly long shifts.]]> On Behalf of Todd B. Barsotti, A Professional Law Corporation <![CDATA[How California’s progressive labor laws help protect employees]]> https://www.barsotti-law.com/?p=49471 2025-02-12T01:42:00Z 2025-02-12T01:42:00Z have a right to fair pay, reasonable job requirements and safe working conditions. How do California's progressive labor policies benefit employees?

By helping them access support

Many employment laws specifically aim to protect workers' employment during times of difficulty. The Family and Medical Leave Act (FMLA) established the right to take leave for personal medical issues, family growth or the support of a loved one at the federal level. The California Family Rights Act C(FRA) expanded FMLA protections to include more types of relationships. The Americans with Disabilities Act (ADA) is a federal rule that requires that employers provide reasonable accommodations to those with disabling medical conditions who need support at work. California expanded on the ADA by making workplace protections available to employees at businesses with five or more employees instead of 15 or more workers. California also has more robust overtime protections. There are more scenarios in which California employees qualify for overtime, including working seven days in a row or especially long shifts. California's current minimum wage is also more than twice the current federal minimum wage. California’s labor laws help ensure that workers can maintain an appropriate work-life balance and that they receive reasonable compensation for their contributions to their company.

By protecting them from employer retaliation

California workers also have enhanced protections if they have to report misconduct and accompany attempts to retaliate against them. Employers generally have to display information about whistleblower protections in locations accessed by workers so that they know their rights. If companies try to punish workers for making use of their rights, the workers may have the option of taking legal action. Workers who have experienced mistreatment or difficult scenarios on the job may have questions about whether their employers have violated California employment laws. Reviewing workplace grievances can help professionals determine if they are in an actionable position under California's progressive labor laws.]]>