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April 2016 Archives

CA law provides extra protections for workplace discrimination

Given the prevalence of claims of illegal workplace discrimination in California and across the U.S., it is no surprise that attempts are being made to clarify the law and provide additional protections to workers. With that in mind, a new law related to the California Fair Employment and Housing Act has instituted the need to have a formal policy to prevent employees from being subjected to discrimination and harassment. On April 1, the new law went into effect. There are certain requirements that must be adhered to in order to be in compliance.

What are eligibility requirements for unemployment compensation?

A mistake that California employees often make is believing that they will automatically be accorded unemployment compensation if they are out of work. This is not the case. The person must meet the eligibility requirements of the Employment Development Department to be granted benefits. When filing an Unemployment Insurance claim, the person must meet the following criteria -- have received enough in wages during the base period, be unemployed on a partial or total basis, be unemployed through no fault of their own, have the physical ability to work, be available to work, be willing and ready to take work if it is available, be looking for work and be approved to receive training prior to training benefits being paid.

University diving coach found to have committed sexual harassment

Although it might seem to be unusual, there are cases of a sexual harassment claim in California that are not "by the numbers" as one would see in a televised docudrama of a male superior harassing a female underling. Sexual harassment can involve a member of any sex or sexual orientation. Because of the stigma attached to being sexually harassed especially if it is the opposite of what is generally perceived as the common manner in which it is perpetrated, many might not even be aware that they have the right to seek compensation for a violation.

Former legal assistants move forward with sexual harassment case

Employees in California who believe they have been subjected to sexual harassment must realize that these acts can fall into a wide range of categories and even incidents that they do not believe to have violated the law might be the basis for a legal filing. No one should be subjected to harassment at work no matter what form it is. Sexual harassment is particularly egregious. Anyone who has lost a job or simply believes that the person is a victim of harassment should understand how the law works and what recourse there is.

How does the OSHA protect a whistleblower?

Many employees in California might see various violations in their workplace that warrant being reported, but they are reluctant to do so for fear of being retaliated against. Those who do become whistleblowers are shielded by protection for retaliation laws. When there is a violation for which it is applicable to complain to the Occupational Safety and Health Administration, employees must be aware of how the determination as to whether retaliation took place is made and what protections are accorded under the OSH Act.

How to deal with unsafe work conditions in California

Regardless of whether a job in California carries with it inherent risks or is considered to be relatively innocuous and safe, all workers are entitled to be protected from unsafe work conditions. So too are they accorded protections if they are put into an unsafe situation and choose to complain about it to the proper authorities. Unfortunately, there are times when employers will put employees at risk and, when there is a complain lodged about it, the employer will also take steps to commit acts of retaliation. That can range from various punishments while still on the job to a wrongful termination.

How is a whistleblower protected for reporting ACA violations?

Since the Affordable Care Act is still relatively new and the legalities surrounding it can be confusing to California employees, there are often gaps between its implementation and what employers are required to do. When there are violations to the ACA, an employee who feels compelled to report it might fear for the person's job. This is where whistleblower protections come in. Employees are accorded protection for retaliation if they report a violation and can be compensated if these are violated.

CA service industries leave women vulnerable to sexual harassment

Certain industries in California are found to place women at risk. A recent study has indicated that those women in the property services industry in the state are facing the danger of being subjected to violence and sexual harassment. There are several factors that cause these issues and the study asserts that little is being done to stop it. Those who are in this industry need to know that they have rights under the law to be protected from a hostile working environment.