Year: 2019
Did you know that, in the state of California, your employer is required to provide you with meal periods and rest periods over a certain number of hours worked? Many people who work in California are not aware of these laws, and, as a result, unscrupulous employers take advantage of them. Again, under certain circumstances, […]
As a California worker, you likely already know that if you report company misdeeds to the Equal Employment Opportunity Commission, your employer cannot retaliate against you in any manner. The 1964 Civil Rights Act, Title VII, grants you protection against such retaliation tactics, calling them adverse employment actions. As the EEOC itself explains, adverse employment […]
It is against federal law for anyone to sexually harass employees. The Equal Employment Opportunity Commission explains that Title VII of the Civil Rights Act prohibits sex discrimination, including sexual harassment. Federal courts recognize two different types of sexual harassment. The National Law Review notes that both should result in action on the part of […]
In Rodriguez v. Nike Retail Services, Inc. (June 28, 2019), the Ninth Circuit reviewed a pair of federal trial court decisions that concluded that the time spent going through “bag checks” before leaving the stores, but after clocking out, was de minimis (too small) and therefor the employers had no obligation to pay employees for that time. […]
Each state sets its own rules about employment hours and pay. Since things are handled at the state level, it can get confusing if you are not originally from California or if you get incorrect information because you did not know this. California’s overtime laws generally follow the trends of other states, though. According to […]
It is vital for your employer to properly classify you. If your employer falsely calls you an independent contractor when you actually meet the requirements of an employee, your employer is able to avoid complying with employment laws regarding the minimum wage, overtime, payroll taxes or meal and rest periods. According to the State of […]
In Townley v. BJ’s Restaurants, Inc. (pub. ord. July 8, 2019), the Court of Appeal considered whether summary judgment was properly entered for the employer in a lawsuit alleging violation of Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.; “PAGA”) for failure to reimburse employees for the cost of purchasing slip-resistant shoes. The […]
Because California is an at-will employment state, your employer has the right to hire and fire individuals as it sees fit. However, there are instances when an employer conducts a firing in such a way that it violates state law. When this happens, the law refers to it as wrongful termination. If your employer commits […]
You have received an official diagnosis regarding your suspected PTSD, depression, anxiety or another mental health condition. Now, you worry your California employer could hold your mental health against you. The U.S. Equal Employment Opportunity Commission offers information regarding protection surrounding harassment or discrimination linked to your mental health. Learn your rights to better understand if your […]
Sexual harassment in the workplace may be illegal, but it is a persistent problem. In fact, a recent survey shows that 81% of women are victims of sexual harassment. This is unacceptable because you should never need to deal with sexual misconduct at your job. Thankfully, you can report inappropriate behavior and take legal action to protect yourself. […]