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March 2016 Archives

Former restaurant employee alleges sexual harassment in CA

Although the parameters of acceptable behavior in the workplace when it comes to sexual harassment are becoming more well-known in San Diego and across the country, this does not mean that all employment environments will adhere to them. Many people, both male and female, are still subjected to harassment at work leading to uncomfortable situations, problems doing the job and even losing the job by feeling compelled to quit or through being dismissed. It is with this in mind that an employee who believes that the person was a victim of harassment needs to understand how to file a sexual harassment claim.

Legal help for a California whistleblower in the workplace

In order for California workers to feel safe about exposing wrongdoing they might see during their employment, there are whistleblower protections in place. These laws are in place so an employee who is compelled to report illegal workplace discrimination, denial of benefits, harassment, illegal behavior and more will be shielded with protection for retaliation from the employer or the company.

What to do if an employee is denied breaks in California

An often confusing aspect of California law for employees is when they are allowed to have a break and whether it must be paid. The way this is determined is based on the amount of time the employee is working during the day and, in some cases, what the job is. Employers are expected to know and adhere to the law when it comes to allowing their employees breaks.

Former tech employee files wrongful termination lawsuit

Many California workers have experienced issues at work. In some cases, employees are dismissed for what they believe to be illegal reasons. This is why it is imperative for employees to have an understanding of what comprises a violation of the law against wrongful termination and how to go about filing a case to be compensated for wrongful termination. Wrongful termination does not occur solely when employees are vulnerable. It can happen at even the most progressive-seeming jobs.

Explaining ERISA for workers in California

Retirement is a common concern for workers in California and across the U.S. There are so many options and requirements in the world today that there can be a blurring of the lines as to what is required, what is optional and what employers are required to provide to employees. One method used to protect workers is ERISA. There are employees who are entitled to ERISA but do not receive it. If that is the case, it is important to understand details about what ERISA is and who should be getting it.

Law school employee files sexual harassment claim against dean

In spite of the increased focus on employees being protected from sexual harassment while on the job, the issue still arises with a troubling regularity in California and across the country. Surprisingly, these incidents even happen in workplaces where the employers should be acquainted with employment law and behaviors that can spark a sexual harassment claim. Regardless, those who believe they have been victimized by sexual harassment at work need to know how to pursue compensation through a legal filing.

Determining overtime based on hourly and commission salaries

Employees in California might occasionally be confused about the basis upon which overtime is given and how they become eligible to receive it. For example, there is a difference between workers who are given a set amount per hour, those who receive a salary, and workers who are considered "piece" workers or are paid via commission. Understanding this is imperative when there is the possibility that an employer is violating employee rights when it comes to the wage laws of the state.

EEOC breaks ground with sexual orientation discrimination suits

It would be hard to deny the fact that the cause of equal rights for the GLBT community has made significant progress - particularly in recent years. The U.S. Supreme Court's landmark ruling in 2015 legalized same-sex marriage nationwide; and many states have also passed laws banning employment and housing discrimination based on sexual orientation.

Parenting knows no gender but some employer's don't get it

The Federal Medical Leave Act purposely does not make a distinction about which parent should be the one that stays at home with a newborn. The wisdom that prevails under the law is that both parents are equally important and that the best interests of the child are served if both have parents can take the time they feel they need to bond with the baby.