Interviewing for a new job can be a nerve wracking experience. You want the job, you need the money, you are nervous, and you want to make a good impression. In essence, you know that you will do great if they just give you a chance. Something that makes the interview process takes a turn into uncomfortable territory, and you leave feeling disrespected and confused. Take, for example, when professional sports teams ask potential draft picks about their sexual orientation. The fact is, not only are certain interview questions offensive, they are also unlawful. Discriminatory Questions Prohibited First and foremost, state and federal laws protect numerous classes of people from employment discrimination based on their protected status. This includes sex, race, color, disability, age, national origin, sexual orientation, gender identity, HIV/AIDS status, political affiliation, military status, or status as a victim of domestic violence or sexual assault. It is unlawful for an employer to fail…Read More
For years, Uber drivers across the globe have been fighting for a legal determination that they are employees of the company. The company has fought this classification and argues that they are independent contractors. Why? Because employees have many legal rights and protections that independent contractors do not, and cost employers a lot more money. The classification of independent contractor versus an employee makes a world of difference. Employees are entitled to minimum wage and overtime, to breaks, to paid leave, and to insurance. And significantly, employees are also protected by worker’s compensation coverage and by strong anti-discrimination laws. Unfortunately, there are unscrupulous employers out there who try and take advantage of hard working people by improperly treating them as independent contractors. To take thing further, some employers will try to provide themselves some cover in this improper classification by asking people to sign independent contractor agreements. In 2010, the Ninth Circuit Court of Appeals…Read More
Harassment in the work place makes an employee miserable. Not only is it wrong, but it can have serious mental health repercussions and also result in ineffective or poor work. It can also be unlawful. This is especially true if you can demonstrate that your employer has allowed you to work in a “hostile work environment.” What Constitutes Harassing Conduct? California Government Code Section 12940 makes it unlawful form an employer to harass an employee “because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation”. In other words, to constitute harassing conduct, it must also be discriminatory based one of the aforementioned classifications. While there is no explicit definition of harassing conduct, the Fair Employment and Housing Commission regulations provide that it may include: Verbal harassment, which may include “obscene language, demeaning comments, slurs, or threats”; Physical harassment, such as “unwanted touching, assault, or…Read More
Being disabled is not a choice, nor should it ever be held against you. In reality, having a disability does not mean you cannot work, nor does it remove your qualifications in your career. In fact, people with disabilities are part of a protected class of people, who employers are legally prohibited from discriminating against. Under state and federal laws, employment discrimination occurs when an employer considers a person’s disability (actual or perceived) and exposes the person to adverse decisions or treatment based on the disability. California Offers Strong Protections California defines disabilities as conditions that limit a major life activity of a person and may include physical disabilities, mental disabilities, certain medical conditions, and age-related disabilities. This goes beyond federal law and therefore offers California employees greater protection from discrimination. Essentially, employers are required to evaluate applicants on their merit, on their qualifications, and not on their disability. In addition, an employer cannot ask…Read More
If you are a Technician for Terminix, then the following employer reviews from Indeed.com—from prior Terminix technicians—may sound very familiar: One summed up his experience with one word: “refuel” and described his job as follows: “check out my truck oil, brakes, tires, write down miles. meet a office 645am i am ALWAYS early. print my work orders for the day. load my truck with material for todays work order. call the customer to make sure the property is accessible. Another wrote: “They won’t work with you and they pretend to be your friends during your interviews and make you want to work with them, but once your in they work your to the bones . Go in at 8:00am to 8:00 pm . You don’t get to have a lunch cause you have stops back to back to back.” And another unhappy former Technician wrote: “They don’t care about you or what you got going…Read More
The state of California is a good place to be employed. This is because the law and the courts take the rights of employees seriously. The California Fair Labor Standards Act (FLSA) is a set of laws that builds upon federal wage and overtime laws of the same name. These laws provide the bare minimum when it comes to wages, hours, record keeping, and break rights. However, not all employees are protected by these rights. There are “exempt” employees for whom employers do not have to comply with minimum wage, overtime, and break laws. These include certain “executive”, “administrative”, “professional”, computer professionals, and outside sales people. To qualify, their actual job duties and responsibilities, their ability to make their own decisions, as well as their salaries, must comply with the relevant wage order. Far too often, employers misclassify employees as “exempt”. This benefits these employers as they are not paying the misclassified employees overtime, keeping…Read More
If you work in California, you are fortunate to have some of the strongest legal rights in the entire country. For most employees, this involves wage and overtime rights to stop employers from abusing workers with long hours and low pay. This includes a minimum wage, overtime pay when working over 40 hours, the right to take breaks, and the right to claim unemployment benefits. There are, however, exceptions to these laws, including a massive exception regarding people who are classified as independent contractors, or self-employed. These people are not considered employees under the law and therefore wage and overtime laws do not apply to them. Sadly, the line between an employee and an independent contractor is dangerously thin—and questions must be raised as to whether employers are skirting the law with people who are actually employees. There is, in fact, a whole lot of abuse when it comes to this classification, and employers rely…Read More
Life, liberty, and the pursuit of happiness are all part of one big package that define the American experience. The ability to make our own choices are part of what sets our country apart. Unfortunately, when we work for an employer, we voluntarily give up some of our choices and must follow our employers policies, work hours, and procedures. This is what we sign up for in exchange for getting paid. There are, however, limits to the control that an employer can impose on your choices. One question that we frequently get involves an employer’s ability to dictate what you do on your own time. Specifically, can your employer limit your ability to make money outside of your work hours? Moonlighting Is Generally Protected Activity Moonlighting refers to the act of working a second job on the off hours of your primary employment. This can include a really wide range of money-making endeavors, like self-employment,…Read More
In California, everyone knows at least one person who works for a startup company. Of course, we hear about the perks of working at these trendy companies: stock options, a celebrity chef on staff, nap pods, meetings on trampolines, and a chauffeur service. What we hear less of are the growing pains that come with these young, optimistic businesses. Specifically, just because a startup has big ideas, a CEO featured in Wired magazine, and a giant nest egg of venture capital funding does not always mean that the company is operating lawfully. In fact, whether born from ignorance, a desire to “do things differently”, or an effort to save money, startups can sometimes make significant mistakes at their employees’ expense: Employee misclassification. It is not uncommon to hear that a startup has classified its workers as independent contractors instead of as employees. In addition, startup companies may classify an employees as “exempt” when they do…Read More
No one wants to be known as the person who complains at work or who rocks the boat. We want to work hard, do our best, make money, and get promotions along the way. Unfortunately, there are employers and people in the workplace who engage in unlawful activities, such as discrimination, harassment, retaliation, breach of contract, and wage and overtime violations. In my experience as an employment law attorney in California, I have seen a full spectrum of employer misconduct and few things surprise me anymore. If you feel that your employer has violated your rights, your first call should be to an attorney. Consider the following: Employment law in California is some of the most employee-protective in the entire country. You have some legal rights and protections that no one else in the country has. Yet, many employees in California are unaware of their legal rights, which employers take full advantage of. Employment law…Read More
