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Marilynn Mika Spencer

Marilynn Mika Spencer’s Legal Guides

20 total


  • The Family and Medical Leave Act (FMLA) and Intermittent Leave

    This guide explains your right to take intermittent leave (on and off) and when your employer can ask for more medical documentation. Summary of Right to Intermittent Leave An eligible employee is ent

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  • Should I Be Paid For Standby Time? (California Law)

    Whether an employer must pay an employee for standby time depends on whether the time is controlled standby or uncontrolled standby. In simple terms, this means that if the employee cannot use his or her time for personal reasons, the time is controlled and considered time worked...

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  • Pay Dates for California Employees

    California law requires employers to pay employees according to a pre-determined schedule.These requirements are described below. For current employees, Labor Code section 204 requires all of the following: 1.Employers must establish regular pay dates and provide notice of thes...

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  • Summary of Federal Employees’ EEO Discrimination Complaint Process

    Federal sector employees have a very short time to initiate a charge of discrimination. The employee must take his or her first step within 45 days of the discriminatory act by contacting the equal employment opportunity (EEO) office within the employees own agency to request inf...

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  • Independent Contractor or Employee? Federal and California Law

    Who controls your work?The general rule is that a person is an independent contractor if the employer has the right to control or direct the RESULTS of the work but not HOW the work is done or even WHAT work is done. Many employers misclassify workers as independent contractors,...

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  • Family and Medical Leave Protection: PART II Summary of California (CFRA) and Federal (FMLA) laws

    Family and Medical Leave:Summary of Key Provisions This is PART II. Please read Part I at http://www.avvo.com/legal-guides/ugc/family-and-medical-leave-fmla-summary-of-key-provisions. Benefits while on leave A covered employer must maintain group health insurance coverage, includ...

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  • Whistleblowers and their rights

    What is a whistleblower? Whistleblowers are employees who report wrongdoing by the federal, state or local government, or by a private entity, when that wrongdoing harms the public.Usually, but not always, the wrongdoing will benefit the government or private entity that engages ...

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  • An Overview of At-Will Employment (all states)

    This is for information only and is not legal advice. Legal advice must be tailored to specific facts. This Guide is written based on general legal priciples.This information does not address all possible claims, exceptions or conditions related to the subject matter discussed. ...

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  • What Is Unlawful Employment Discrimination? FEDERAL LAW

    What Is Unlawful Employment Discrimination? FEDERAL LAW Definition of discrimination Employment discrimination is against the public policy of the United States.Many people misunderstand the meaning of employment discrimination.Discrimination does not mean an employer has to be f...

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  • What Is Unlawful Employment Discrimination? CALIFORNIA LAW

    What Is Unlawful Employment Discrimination? CALIFORNIA LAW Definition of discrimination Employment discrimination is against the public policy of California and the United States.Many people misunderstand the meaning of employment discrimination.Discrimination does not mean an em...

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