Discrimination is a very real and very serious problem for people who have been identified in a protected class under state and federal laws. California happens to have one of the most expansive sets of protected classes, which include unlawful discrimination based on race, nationality, age, disability, sex, sexual identification, military service, and status as a domestic violence victim (to name a few). When you experience discrimination from your employer, you often know what it feels like and what it looks like. Unfortunately, there is much more to proving discrimination than your gut feeling. You have the burden to link your employers decisions and actions to the unlawful consideration of your protected class. Long story short, you will need an attorney and you will need to help build proof of discrimination through documentation. Before you consult with your attorney, consider gathering the following: If you have already lodged a discrimination complaint within your HR department…Read More
Bullying has been trending on social media and in the news for years. The focus has been on young children through their teenage years and the impact that bullying has had in driving young people to suicide or developing significant mental health issues. Unfortunately for some, bullying doesn’t end at high school and a surprising many people actually find themselves the victim bullying in the workplace. And the impact of bullying can be just as devastating as an adult. What Workplace Bullying May Look Like Bullying from a supervisor or co-worker(s) in the workplace can take on many different forms. To illustrate, this may include: Vandalism. An employee’s personal property is destroyed, stolen, or hidden. Persistent “pranks”. A person is singled out and subjected to unwanted pranks and jokes. Insults. An employee is the subject of constant insults and criticisms that are personal or professional and are meant to degrade the employee’s self-esteem. Acts of…Read More
The difference between right and wrong. It is something that we’ve been taught since we were toddlers. As we have grown to adulthood, we’ve aspired to be our best and to live right. Part of that is making hard choices of staying silent or speaking up when we see wrongdoing. This is a common and terrifying prospect in the workplace. Sometimes we pick our battles. An example is when we see a coworker take a pen or printing personal documents with company paper. Is this worth reporting? Probably not. However, the dilemma becomes very real when you see your employer engaging in illegal conduct. Whistleblower Protections Under the Federal Occupational Health and Safety Act (OSHA), employers are prohibited from retaliating against “whistleblower” employees who report illegal activity to the proper authorities. This includes when the employer is believed to be breaking the law, or when the employer is ordering an employee to commit an unlawful…Read More
When you have proudly served this Nation, you deserve respect. Employers who discriminate against service members not only violate the law, but they offend us. Unfortunately, this has been a very real problem for veterans. In fact, there are numerous Federal and State laws that exist to protect service members from employer discrimination. Under Federal law and the California Military and Veterans Code, it is illegal for an employer or potential employer to discriminate against an officer or enlisted member of the armed forces when it comes to employment-related decisions. This means that employers cannot engage in the following conduct as because of a person’s (or family member’s) military service: Make an adverse hiring decision, such as denying or disqualifying an applicant based on their service. Take employment action against a person, including demotions, denial of promotions, changes to their job status, and termination of employment. Create company policies that disproportionately affect service members. Terminating…Read More
It seems that every single day, we hear allegations of sexual harassment against a new celebrity or politician. Many have had their day of reckoning and the people of the #metoo movement have been named Time Magazine’s Person of the Year. Unfortunately, whether this powerful movement will truly have an impact on everyday people remains to be seen. If you have experienced sexual harassment in the workplace, please read the following. You Have a Right to Work Free of Sexual Harassment First and foremost, California Labor Laws under the Fair Employment and Housing Act (FEHA) protect employees from sexual harassment. The California Government Code makes it an “unlawful employment practice” for “an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” What this means is that employers must take a sexual harassment complaint seriously, or they are…Read More
In California, people with disabilities are in a protected class of persons. This means that if you are qualified and able to work, an employer is prohibited from discriminating against you and must make “reasonable accommodations” so that you can work with your disability. Analogous to this is drug addiction, which is a terrible disease that often requires some form of intensive substance abuse treatment. Unfortunately, there is a legitimate balance between an employee’s right to privacy versus an employer’s right to employ effective, safe employees. The state of California has enacted numerous laws in an attempt to navigate this balance. In fact, California has many laws that protect employees beyond federal labor laws. This includes a freedom from discrimination due to the disabling condition of drug addiction. However, it is important to know that this freedom is not absolute. California Labor Code Under the California Labor Code, employers with more than 25 employees are required…Read More
We live in a modern, post-industrial civilization. Laws have been developed to take us out of the days when employees (adult and children alike) would face constant safety hazards, have to work nights and weekends, and were literally worked to death. Compounding the problem, employers had all the power and employees didn’t even have any right to complain. Things have obviously changed over time, and in California, employees enjoy the country’s broadest protections from employer abuse. For “non-exempt” employees, this includes a minimum wage, getting paid for every hour worked, and overtime pay. In addition, employees are entitled to rest breaks and meal breaks. How Rest Breaks Work Non-exempt California employees are entitled to a ten-minute, paid rest break for every four hours worked. Significantly, you get a break for the majority of each four hour interval worked. For example, if you work 3.5 hours, you are still entitled to one break, if you work…Read More
When you screw up at work, you expect to experience consequences. This is simply a matter of fairness, as employers should have the ability to hold employees accountable. However, there are rules that employers are required to follow when it comes to employee discipline, and I have seen many instances of employers acting unlawfully when doling out punishment. Progressive Discipline Policies Generally, employees in California work “at will”, meaning that the employee can quit and the employer can fire an employee without a reason. So if an employee can be fired at will, then why do many employers have discipline policies? This is because it is expensive to recruit, hire, and train employees. It would be incredibly disruptive to business to constantly fire and hire people for the smallest of infractions. In addition, the companies have an investment in their employees which makes it worthwhile to try to rehabilitate, rather than outright fire an employee.…Read More
Employment Discrimination Federal and state laws protect employees from discriminatory decisions and behavior by employers and potential employers. These protections extend to numerous classifications, including race, sex, age, disability, status as a new parent, citizenship or immigration status, crime victim, domestic violence victim, and military service. Federal or State Complaint If you believe that you have experienced employment discrimination, your first step is to consult with an employment law attorney. Do not delay. This is because there are strict statutes of limitations to raise an employment discrimination complaint ranging from six months to a year, depending on the type of employer. Failing to file a complaint by the deadline can bar you from getting any kind of relief. The next step in formally complaining about employment discrimination is to decide whether to file a federal complaint with the Equal Employment Opportunity Commission (EEOC) or a state complaint with the California Department of Fair Employment &…Read More
The Family and Medical Leave Act (FMLA) is a Federal law that protects employees and provides for unpaid leave due to qualified family or medical reasons. Based off of President Bill Clinton’s initiative, the FMLA was enacted in 1993 partially in response to a growing number of women in the workforce and an underlying belief that people should not have to choose between bonding with their children and their job security. Under the FMLA, an employee is entitled to 12 weeks of protected, unpaid leave over each 12 month period for events such as: Medical leave due to a serious health condition Leave to care for a relative with a serious medical condition The birth of a child or the placement of an adoptive child; or (4) qualifying exigent circumstances related to active military duty. The California Family Rights Act The California Family Rights Act (CFRA) is California’s adoption of the FMLA, and offers substantially…Read More
