• Employment Law
  • The Employment Relationship
    • Independent Contractor Versus Employee
    • Employment At Will
  • Government Administered Benefits
    • Unemployment Compensation
      • Application
      • Eligibility
      • Benefits
    • Workers' Compensation
    • Social Security
  • Civil Rights in the Workplace
    • In General
    • Age Discrimination
    • Discrimination Against Persons with Disabilities
    • Sexual Harassment
    • Pregnancy Discrimination
  • Other Workplace Rights And Responsibilities
    • Wages and Hours
    • Substance Abuse in the Workplace
    • Parenting, Family, and Medical Leave
    • Privacy
    • Whistleblowing
    • Employee Access to Personnel Records
  • Resources

Workers enjoy many rights designed to make the workplace safe and free from illegal discrimination and harassment. This chapter outlines some of the important federal and state laws governing the legal relationships and problems between employers and employees.

The extent of a worker's rights depends upon the legal relationship between the worker and his or her employer.

Independent Contractor Versus Employee

When a worker gets paid to do a task or provide a service for another person, the worker is an independent contractor or an employee. The distinction is important both for the business and the worker, but it is not always clear. For a worker, the classification determines the benefits he or she is entitled to, whether the worker can file a workers' compensation claim, and whether the worker is protected by federal and state wage and hour regulations. Employees enjoy substantially more protection in the workplace than do independent contractors.

Whether a worker is an independent contractor or an employee is based on the work performed, not the worker's title. The more control an employer has over a worker, the more likely it is the worker is an employee. On the other hand, the more a worker acts like an independent business enterprise, the more likely the worker is an independent contractor. In some cases, the status is clear: a worker who arrives at a set time every day, is trained by the employer, uses the boss's tools or equipment, and is paid by the hour, week, or month, most likely is an employee. Someone who works for more than one company at a time, sets his or her own hours, and realizes a profit or risks a loss probably is an independent contractor.

A worker or an employer who is unsure about the legal status of the employment relationship should seek advice from the Internal Revenue Service, the California Employment Development Department, or the State Board of Equalization.

Employment At Will

The state of California recognizes the traditional rule of employment at will. This means that all workers in California are presumed to be at-will employees unless the employer has acted to create a different relationship. There are several ways an employer can alter the relationship. An employer might enter into an oral or written contract guaranteeing to employ someone for a specific period of time or promising to terminate the employee only for specified reasons. An employee handbook or collective bargaining agreement can limit the employer's right to terminate employees. Sometimes employers inadvertently limit their right to fire employees if, by their actions, the employers give the employees reason to believe their jobs will continue. For example, if an employer promises a job to someone from out of state and that person moves to California specifically to take the job, the employer probably has changed the employment relationship. The employment is not at will because the employee has gone to the trouble and expense of moving after reasonably relying on the promise of new employment.

The implications of the at will relationship are far-reaching. Unless there is an agreement to the contrary, an employer may discharge an employee at any time for any legal reason. As long as an employee is not fired for an illegal reason_such as racial or gender discrimination_an employer does not need a good reason to fire someone. Even a silly reason is enough. It also means that an employee may resign at any time, for any reason, with or without giving notice. The employee is free to leave for any reason at all, even if by doing so he or she greatly inconveniences the employer.

Three programs administered by the state and federal governments are especially interesting to workers: unemployment compensation, workers' compensation, and Social Security. The benefits a worker enjoys under any of these programs depends upon the terms and conditions of employment.

Unemployment Compensation

Unemployment compensation provides benefits to employees who are laid off, fired, or forced to leave their jobs. Most employees are covered by unemployment insurance, a program administered by the state and funded by employer contributions.

Application

Unemployment benefits are not automatic; the worker must apply for them from the California Employment Development Department (EDD). A claim for unemployment benefits should be made at an EDD field office within 14 days of the termination. After gathering information about an applicant, the EDD makes an initial determination as to whether the person is eligible for benefits. If the employee is eligible, the EDD informs the former employer. Because the former employer pays the benefits, the employer has the right to some of the information given by the former employee to the EDD and has an opportunity to present its own information.

Eligibility

To be eligible to receive unemployment benefits, the employee must have worked for the employer for a certain length of time and must have made a certain amount of money in wages. The time period is called a base period, and it is based on the calendar quarter system. Eligible employees must have made at least $1300 in wages during the base period. To collect unemployment benefits, a person also must make a reasonable effort to find work during the period of unemployment.

Not everyone who leaves a job is eligible to receive unemployment benefits. An applicant cannot receive benefits if the applicant:

• Is an independent contractor or a commission-only salesperson

• Is a student hired by the educational institution in which he or she is enrolled

• Is fired for misconduct

• Quits for any reason other than an illegal or intolerable work environment

• Participates in a labor strike

• Refuses an offer to work again for the former employer

• Fails to seek, apply for, or accept suitable work

Because employers and employees often have different ideas of what constitutes a reasonable work environment, the issue in most disputed unemployment claims is whether the employer created an intolerable workplace environment. Only certain kinds of employer actions give someone a legitimate reason to quit a job and still collect unemployment benefits. Some of these valid reasons include:

• Sexual harassment by an employer or inaction by an employer who was informed of instances of sexual harassment

• A substantial cut in pay or benefits

• Drastic changes in working conditions or hours without an employee's consent

• Requiring an employee to break the law or work under obviously unsafe conditions

Demotions, modest decreases in wages or benefits, disagreements over management policy, and reasonable changes in workplace hours or employee regulations are conditions of employment that do not create an intolerable working environment for purposes of eligibility to collect unemployment benefits.

Benefits

If the EDD decides that an applicant is eligible to receive benefits, the former employee receives a weekly benefit equal to a percentage of his or her previous average weekly salary. The benefit cannot exceed a maximum ceiling amount, which usually equals half of the worker's base period wages. Benefits are paid for up to 26 weeks or until an applicant has received the maximum amount allowed, whichever is sooner. As long as the recipient continues to look for permanent work, working a part-time or temporary job will not terminate unemployment benefits. The recipient keeps a portion of his or her weekly income, and the benefits are reduced by any income in excess of a designated amount.

Workers' Compensation

Workers' compensation provides benefits to employees injured in the workplace, regardless of how the injury happened. With few exceptions, all California employees are covered by workers' compensation administered by the California Division of Workers' Compensation (DWC). In some cases, California employers are self-insured to cover employees' job-related injuries.

The benefits available to workers include death benefits, permanent or temporary total disability, permanent or temporary partial disability, and medical and related expenses. The benefit amount is determined by state guidelines and usually is two-thirds of a worker's salary at the time of the injury. The maximum weekly benefit for people injured after July 1, 1995 is $448. On July 1, 1996, this amount will increase to $490.

Workers' compensation is discussed further in the Workers' Compensation Law Chapter.

Social Security

Social Security provides benefits for retired workers. A worker gains Social Security coverage by performing "covered employment," which includes full- or part-time wage or salary work; self-employment; farm work; service in the United States Armed Services; work in private nonprofit organizations; most domestic work; and most federal, state, and local government work. The covered employment must be for a certain amount of time each quarter of the year.

The usual age to begin receiving Social Security benefits is 65; however, a worker has the option of initiating benefits at age 62. The amount of each monthly check depends on how much the worker made each year. The higher his or her pay, the higher the benefits, up to a maximum dollar amount.

Social Security is discussed in greater detail in the Social Security Law Chapter.

Four major federal laws--the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990--protect the rights of workers to be free from workplace discrimination in the United States. California workers have additional protection under California law. For example, while the Civil Rights Act of 1964 prohibits pregnancy discrimination, the California Fair Employment and Housing Act contains provisions that prohibit certain employer actions based on a worker's pregnancy status and that specifically apply to employers who are not covered by the federal law. In addition, the California laws cover more types of discrimination than the federal laws.

In General

Most employment discrimination is outlawed by the two major civil rights acts passed by Congress in 1964 and 1991 and by the California Fair Employment and Housing Act. Through a combination of these laws, California workers are protected against discrimination based on ancestry, color, creed, disability, marital status, medical condition, national origin, race, religion, or sex. Other laws protect workers from discrimination based on age or sexual orientation.

People frequently refer to "Title VII" rights when they are talking about a particular section of the Civil Rights Act of 1964. Title VII prohibits discrimination in a wide variety of employment areas, including advertisements for jobs, apprenticeship programs, benefits, firing, hiring, layoffs, promotions, recalls, recruitment, testing, training, and transfers. Title VII also prohibits retaliation against a person who files a charge of discrimination, participates in an investigation of discrimination, or opposes an unlawful employment practice.

Under certain extremely limited circumstances, an employer may base employment decisions or practices on a person's marital status, race, sex, etc., if the employer is able to demonstrate a truly legitimate need. For example, it is legal to hire only women to be attendants in women's locker rooms. Religious institutions may refuse to hire individuals based on their religious beliefs, but only for positions that are directly related to the performance of religious duties; generally they are not allowed to discriminate when hiring individuals for secular tasks, such as secretarial or janitorial work.

Certain employers, such as police departments, may base some employment decisions on an applicant's physical abilities. Other types of hiring criteria are allowed if they measure skills that are truly essential for an applicant to have in order to perform a particular job, and if they are not applied in a selective or discriminatory way. For example, an employer may require applicants for administrative jobs to pass typing or computer skills examinations.

Proving discrimination in the workplace depends on the specifics of each situation. Generally, it is easier to prove discrimination from a repeated pattern of behavior rather than an isolated incident. For example, if several Hispanic immigrants are passed over for promotions in favor of non-immigrants, and all of the people involved have the same qualifications, a good case may be made for unlawful discrimination. In addition, any documented evidence showing an employer is prejudiced against a class of people will strengthen a discrimination case. If an employer makes statements such as "blacks don't take orders well" or "women aren't capable of making tough management decisions," this will increase the chances of proving discrimination, especially if the statements are made repeatedly and in the presence of witnesses.

California courts apply a test created by the United States Supreme Court to determine whether there has been discrimination in the workplace. To prove discrimination employee must show:

• He or she is a member of a protected class of people

• The employee or applicant was qualified for the job from which he or she was fired or for which he or she was not hired

• The termination or rejection happened even though the employee or applicant was qualified

• The position was filled by a person who is not a member of the protected class

A person who feels that he or she has been unfairly discriminated against or harassed in the workplace should file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). The DFEH enforces California laws prohibiting discrimination in employment, and the EEOC enforces federal civil rights acts that apply to the workplace. Any California employee who thinks he or she has suffered discrimination at work in the specific areas prohibited by the California Fair Employment and Housing Act must file a complaint with the DFEH before pursuing a claim in court against the employer. A complaint filed with the DFEH is cross-filed with the EEOC. A charge filed under the Fair Employment and Housing Act must be filed within one year of the discriminatory action. If the DFEH determines the employee did not suffer discrimination, it will notify the employee within 150 days. The employee then has one year to file a civil lawsuit. If the employee believes he or she has suffered another kind of discrimination that does not fall under the California Fair Employment and Housing Act, he or she is free to file an action in court; that is, there is no requirement of going through the DFEH first.

Age Discrimination

The Age Discrimination in Employment Act (ADEA) expands Title VII prohibitions against age discrimination. Most employers may not enforce mandatory retirement policies, except under a few very specific circumstances in which age is a valid qualification for doing a particular job, such as firefighting, police work, or flying airplanes. Under these circumstances, it is reasonable to assume that people over a certain age are no longer qualified to do the job. Anyone age 40 or over who works for an employer with 20 or more employees is protected by the ADEA and cannot be retired against his or her will, regardless of age, as long as he or she can do the job. The California Fair Employment and Housing Act contains similar provisions. Other federal and state laws prevent discrimination based on age, with some exceptions allowing employers to force an employee aged 70 or older to retire.

Discrimination Against Persons with Disabilities

The Americans with Disabilities Act of 1990 (ADA) is a federal law that prohibits discrimination based on a person's physical or mental ability. The ADA makes it illegal to fire or to refuse to hire someone because that person lacks physical or mental abilities that are not essential to the job; the ADA does not change an employer's right to employ only people who have the skills to perform the "essential duties" of a job. For example, an employer may not refuse to hire as a daycare provider a person with epilepsy simply because the employer thinks the employee should be able to drive to a hospital in an emergency, if driving is not an essential duty of the job. If it is not an essential duty, it is not a valid reason to discriminate against the epileptic applicant who is prevented from having a driver's license by his or her epilepsy.

The ADA requires employers to make "reasonable accommodations" for applicants or employees with disabilities. The employer must do whatever is reasonable to accommodate a person's disability, including modifying work schedules, providing special training, changing the work environment, modifying equipment, buying special equipment, or reassigning to another position an employee who can no longer do the "essential duties" of a job. A reasonable accommodation is one that does not place an undue burden on the employer. Using pre-employment tests that identify and exclude applicants with disabilities is permissible only if the tests are unequivocally job-related.

The ADA only protects from discrimination people with permanent conditions that limit a major life activity. Thus, the ADA does not cover an employee who has a sprained ankle that is expected to heal fully, even though that employee is disabled for a period of time. A person with a permanent disabling condition that is controlled by drugs, physical therapy, or by some other treatment is covered by the ADA, such as an epileptic whose seizures are controlled by medication. The ADA also prohibits discriminating against individuals with AIDS or HIV, or people who have completed or are still participating in drug rehabilitation programs. However, an applicant or employee currently using illegal drugs is not protected by the ADA.

The ADA is administered by the EEOC. Discrimination against persons with disabilities or certain medical conditions also is prohibited by the California Fair Employment and Housing Act. Under California law, the provisions of the ADA apply to employers of 15 or more employees. The state currently is studying whether mandatory compliance by employers of fewer employees would be beneficial and reasonable.

Sexual Harassment

Everyone has the right to be free from sexual harassment in the workplace. Sexual harassment is prohibited by the California Fair Employment and Housing Act and is punishable as an illegal form of sex discrimination under Title VII of the Civil Rights Act of 1964. Sexual harassment can take many forms:

• Sexual or sexist comments about a coworker's appearance

• A mandatory dress code that provokes others to make sexually explicit comments

• Unwanted sexual contact or touching

• Sexual suggestions or pressure to have sexual contact

• Sexual jokes or explicit sexual comments that embarrass a coworker

• Sexual or pornographic pictures displayed or passed around

Sexual harassment is illegal if participation in any of the above activities is required to get or keep a job, to be promoted, or to qualify for benefits, or if it makes it harder for a worker to do his or her job by creating a hostile environment. The law requires that the behavior be unwelcome, undesirable, and offensive to be considered sexual harassment. The law uses the "reasonable person" standard to determine what is offensive: if a reasonable person would find an action offensive, then it is offensive under the law. In California, every employer must post an information sheet about sexual harassment, including a statement that it is illegal, a definition and description, and information about the complaint procedure and legal remedies available.

Determining what kind of behavior constitutes sexual harassment may depend on the circumstances. However, some general descriptions of sexual harassment can be made. A single, or occasional, sexual joke or sexual comment is not sexual harassment unless the comment unequivocally offers workplace advancement in return for sexual favors. Unwanted touching of someone else's body is sexual harassment. Someone who repeatedly tells lewd or obscene jokes that make other employees uncomfortable may be committing sexual harassment, especially if the person has been told that he or she makes the workplace uncomfortable. A case for sexual harassment in this example would be weakened if the person claiming harassment participated in the joke-telling.

In addition to laws designed to give victims a civil remedy against sexual harassment, criminal laws provide remedies against the most serious forms of unwanted sexual contact. If a harasser's behavior crosses the line into assault, battery, or rape, the victim may file criminal charges against the perpetrator. These crimes are discussed in the Criminal Law: Felonies & White Collar Crime Chapter.

People who believe they are victims of sexual harassment can contact the federal EEOC or the California Department of Fair Employment and Housing.

Anyone fired or forced to leave a job because of sexual harassment may be entitled to receive unemployment insurance benefits while searching for a new job.

Pregnancy Discrimination

Title VII and the California Fair Employment and Housing Act protect pregnant workers and job applicants from discrimination. Employers may not refuse to hire a woman because she is pregnant, fire a woman because she is pregnant, take away benefits or accrued seniority because a woman takes maternity leave, take away benefits from a single woman who has a baby, or fire or refuse to hire a woman who has an abortion.

Generally, an employer must treat pregnant women the same as other workers who cannot perform their jobs for short periods of time. Thus, if an employer allows employees to take a leave for a broken leg or short-term illness, the employer must allow pregnant women to take a leave under the same terms and conditions. Employers also are required to transfer a pregnant employee to a less hazardous or strenuous job during the pregnancy, if the employer makes such provisions for other workers with temporary disabilities. Pregnancy leave also is protected under the Family and Medical Leave Act (discussed below).

Wages and Hours

The federal minimum wage for adult workers age 18 and over is $4.25 per hour. Employers must pay at least the minimum wage, even to employees who earn tips, and employers may not force employees to share their tips with other workers or managers, although employees may do so voluntarily. Workers under 18 years of age must be paid a minimum wage of $3.75 per hour. Generally, employers also must pay hourly employees one-and-a-half times their regular rate for every hour over 40 hours worked in a week.

There are some exceptions to the minimum wage law. For example, certain salaried workers are exempt from minimum wage standards and overtime regulations. To be exempt, an employee must be in an executive, administrative, or professional position and receive at least $250 each week in salary or fee. The employee must supervise at least two other workers, manage an office or a business operation, be a skilled artistic performer or a teacher, or work in a profession requiring advanced knowledge, such as engineering.

Employment laws also regulate child labor. For example, in California no child under the age of 16 is allowed to work without a work permit issued by a school superintendent in accordance with California labor laws. Even when it is permitted, minors may work only certain hours during the day. Under no circumstances may a child under the age of 16 work in a manufacturing job or in any other job that includes hazardous tasks, such as working on potentially dangerous machinery. Employing a minor in violation of these laws is a misdemeanor.

Substance Abuse in the Workplace

California law mandates that workplaces be drug-free, but balances this policy with every employee's right to privacy in employment. California's constitution has been interpreted as allowing employers in California to ensure a drug-free environment through drug testing under certain limited circumstances. The California Court of Appeal has said that pre-employment drug testing does not violate a potential employee's right to privacy, as long as the applicant knows the job offer is conditioned upon consent to drug testing, the test is minimally intrusive, and all applicants are treated uniformly.

Additionally, various federal laws govern drug use or drug testing in certain employment situations. For example, the Federal Drug Free Workplace Act of 1988 requires that recipients of federal grants as well as most federal contracts have comprehensive substance abuse policies. Rulings by the National Labor Relations Board, regulations promulgated by the Department of Transportation, Department of Defense rules, and judicial interpretations of the federal Constitution and civil rights laws also have considered the issues of substance abuse or rehabilitation in the workplace. Some California cities_such as Berkeley and San Francisco_also have ordinances that regulate an employer's drug and alcohol testing.

Generally, an employer may test for drugs and alcohol only under certain conditions, such as when there are employees in safety-sensitive positions that directly affect the safety of other workers or the general public, or when an employee unmistakably violates workplace rules on drugs or alcohol while operating an employer's machinery, equipment, or vehicle.

Employees also are guaranteed privacy in matters of substance abuse and rehabilitation. Private employers of 25 or more employees are required to accommodate an employee who wishes to voluntarily participate in alcohol or drug rehabilitation. The identity of an employee participating in such a program may not be disclosed by the employer or by a health care practitioner without the employee's consent. There are some limits to these guarantees. The accommodation of an employee who is participating in rehabilitation may not impose an undue hardship on the employer. An employer is not required to hire or retain someone who is unable to perform a task or who endangers others because of current alcohol or drug use.

Parenting, Family, and Medical Leave

California and federal law require certain employers to provide parenting, family, and medical leaves to qualified employees. The federal Family and Medical Leave Act of 1993 (FMLA) allows qualified employees to take up to 12 weeks of unpaid leave to attend to family matters, including health emergencies. Under the Act, a qualified employee may take an unpaid leave following the birth or adoption of a child, after acquiring a foster child, to care for an immediate family member with a serious health condition, or to care for his or her own serious health condition.

Men and women are equally entitled to this leave, but not every worker is qualified. A person must be a full-time government employee, or an employee of a company with 50 or more employees who has worked for the company at least 12 months and at least 1250 hours during the 12 months immediately prior to taking the leave.

Under most circumstances, an employee may elect or the employer may require the use of any accrued paid leave for periods of unpaid leave under the FMLA. When the leave is foreseeable, an employee must provide the employer with at least 30 days' notice of the need for the leave. If the leave is not foreseeable, the notice must be given as soon as it is practical. An employer may require medical certification of a serious health condition from the employee and may require periodic reports of the employee's status and intent to return to work during the leave. In addition, in appropriate situations an employer may require a fitness-for-duty certification upon return to work.

The employee is not entitled to accrue benefits such as vacation time or sick leave during a leave under the FMLA. Any benefits accrued by the employee at the time of the leave, however, stay with the employee. During the leave, the employer must maintain the health benefits the employee was receiving at the time the leave began, at the same level and in the same manner as if the employee had continued to work.

When an employee returns from a leave under the FMLA, the employee is entitled to be restored to the same job the employee left when the leave began. If the same job is not available, the employer must place the employee in an equivalent job with equivalent pay, benefits, duties, and responsibilities. Under the Act, employers are prohibited from discriminating against or interfering with employees who take FMLA leaves.

Privacy

An employee's right to privacy at work is a hotly debated issue today as increasing numbers of employers are using searches, surveillance, and eavesdropping in an attempt to better monitor their employees' activities. The law in this area is evolving and is largely unsettled, but it is fair to say that an employee surrenders some of his or her right to privacy at the workplace door. Employers have more of a legal right to monitor employees than governments have to monitor citizens.

When a court must determine whether an employee's right to privacy has been violated, it looks at whether the employee's expectation of privacy in a particular situation was reasonable. For example, the expectation of privacy is more reasonable for items in a locked desk drawer than for items left out on a desk. Similarly, it is more reasonable to expect privacy during a personal phone call made on a pay phone than for a work-related call on the employer's phone.

The reasonable expectation standard is not a very strong guarantee of employee privacy. An employer expands his or her right to search or monitor simply by giving notice to employees. Once an employee receives notice that the employer reserves the right to monitor calls, search offices, read electronic mail, or film the workplace, there is very little reasonable expectation of privacy.

Whistleblowing

It is illegal for an employer to fire a worker in retaliation for reporting a violation of a law or for refusing to participate in an activity the employee believes to be illegal. If an employee acts in good faith and reports suspected illegal activities to the employer, a governmental agency, or a law enforcement officer, the employee may not be fired or be treated adversely. This workplace right is covered by a statute that makes an employer who violates the law guilty of a misdemeanor, punishable by imprisonment and/or a fine of no more than $1000 if the employer is an individual, or by a fine of no more than $5000 against a corporation. In addition, an employee who is terminated for whistleblowing may sue the employer for retaliatory discharge.

Employee Access to Personnel Records

California law gives employees the right to inspect personnel records. The right to inspection means each employee may review records kept about him or her regarding employment qualifications, promotions, transfers, compensation, discharge, and disciplinary actions. Employees may not access reference letters or information regarding criminal investigations. The employer is required to make the employee's record available to him or her at the workplace at reasonable intervals.

The California Attorney General's Office, 1300 I Street, Sacramento, CA 95814, (916) 332-3360, publishes information on employment issues, including Women's Rights Handbook (1990) and Unlawful Discrimination: Your Rights and Remedies (Civil Rights Handbook) (2d ed. 1990).

For questions about employment status, contact the California Board of Equalization, 450 N Street, Sacramento, CA 95814, (916) 327-4975 and/or the Internal Revenue Service, 1111 Constitution Avenue N.W., Washington, DC 20224, (800) 829-3676.

For information, to file a charge of discrimination, or to order free publications, including Discrimination is Against the Law, Employment Discrimination Based on Disability, Leave Rights of California Workers, Pregnancy Discrimination Fact Sheet, and Sexual Harassment is Forbidden by Law (in English or Spanish), contact one of the California Department of Fair Employment and Housing offices, 322 First Street West #2126, Los Angeles, CA 90012-3112; 2000 O Street #120, Sacramento, CA 95814, (916) 445-9918, (916) 324-1678 (TDD); 30 Van Ness Avenue #3000, San Francisco, CA 94102, (415) 557-2005, (800) 884-1684.

A free pamphlet called The Injured Worker can be obtained from the California Department of Industrial Relations, Division of Workers' Compensation, 395 Oyster Point Boulevard, San Francisco, CA 94142, (415) 975-0700 or (800) 736-7401.

A free pamphlet on unemployment, entitled For Your Benefit: California's Programs for the Unemployed, is available from the California Employment Development Department, 800 Capitol Mall, Sacramento, CA 95814, (916) 654-8210.

The National Organization on Disability (NOD), 910 Sixteenth Street N.W. #600, Washington, DC 20006, (202) 293-5960, (202) 293-5968 (TDD), has information on the ADA and disability issues.

For information on wages, hours and overtime, and other issues, or to order Compliance Guide to the Family and Medical Leave Act (June 1993) or Handy Reference Guide to the Fair Labor Standards Act (Oct. 1994), free pamphlets, contact the United States Department of Labor, Wage and Hour Division, Employment Standards Administration, 71 Stevenson Street #927, San Francisco, CA 94105, (415) 975-4510, (202) 219-8743 or (800) 326-2577 (TDD).

The United States Department of Labor, Women's Bureau Region IX, 71 Stevenson Street #927, San Francisco, CA 94105, (415) 975-4750, publishes free pamphlets, including Family & Medical Leave: Know Your Rights, Pregnancy Discrimination: Know Your Rights, and Sexual Harassment: Know Your Rights.

For information about the ADA or to order The Americans with Disabilities Act: Questions and Answers or Your Employment Rights as an Individual With a Disability, free booklets, contact the United States Equal Employment Opportunity Commission, at one of the following offices: 1801 L Street N.W., Washington, DC 20507, (202) 663-4900 or (800) 872-3302 (TDD); Region IX Disability and Business Technical Assistance Center, (510) 465-7884, (510) 465-3172 (TDD); Los Angeles District Office, 3660 Wilshire Boulevard Fifth Floor, Los Angeles, CA 90010, (213) 251-7278; San Francisco District Office, 901 Market Street #500, San Francisco, CA 94103, (415) 356-5100.

Robert Coulson's Empowered at Forty: How to Negotiate the Best Terms and Time of Your Retirement (HarperBusiness, New York, NY 1990), provides more information on employment law.

Katy-

The federal minimum wage probably will be higher by the time this book goes to the printer. You may need to change the text.

Beth