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September 2016 Archives

Class action lawsuit filed for violations of employment law

California employees might be confronted with numerous issues at work that can lead to them losing the job or leaving due to treatment that they believe goes beyond what they are willing to tolerate. Included in that might be ethical factors or demands that employers make upon employees. If this is pervasive and ongoing, employees can look into employment law to see if they have the right to consider a legal filing based on various illegal acts.

Employee rights and safety for temporary agency employees

California workers who are not working for an employer directly and are considered temporary agency employees are often confused about whether state laws dictating their safety rights as an employee apply. While a person who works for a temporary agency works for a host employer, they will be on the payroll of a primary employer. The primary employer can be one of two entities: a temporary agency that does the hiring and then provides employers with staff, or a professional employer organization that has the host employer's workers on its payroll and considers them their own employees. In these situations, the host employer and the primary employer are responsible for the safety of the workers and must adhere to the regulations under the law.

Legal help with defamation from employers in California

When California employees are having problems at a job, the issues that result from it can go beyond simply being dismissed or leaving as a matter of choice. There is the possibility that negative statements can be made by the employers and harm the person's chances of getting a similar or better job. It can even hurt them in getting any job at all. If the victim suspects that this is going, that person should be aware that he or she has options of counteracting it.

Former college football star accused of sexual harassment

It can be a complicated situation when an employee in California finds him or herself dealing with sexual harassment. The person might not know whether or not it falls into the category of being a violation of employment law. They could also be concerned about a firing if they complain about it. In addition, they might not be aware of the process of filing a sexual harassment claim. Compounding the difficult nature of these situations is when the person who is allegedly committing the harassment is prominent in the community. Those who are faced with these questions should seek legal advice on how to move forward.

When is an employer liable in a sexual harassment claim?

Sexual harassment is a hot topic of conversation today. This is true in California and across the country with a large number of people alleging it is happening and disagreements as to how it should be dealt with. People should be allowed to go to their job without having to deal with lewd comments, seeing inappropriate materials, or having to face other behaviors that will make them a victim of harassment. Even with that, it can be confusing as to when an employer is liable under the Fair Employment and Housing Act (FEHA). Knowing this can help when considering a sexual harassment claim.

What is and what is not disability discrimination?

People with disabilities in California are accorded certain rights when seeking employment or if they are already employed. The Fair Employment and Housing Act (FEHA) precludes the employer from discriminating against a person because of their disability. However, it can be confusing as to what is considered disability discrimination and what is not. One factor that is important in this process is an independent medical examination to determine the extent of the disability. Understanding this in the context of the law is imperative when considering filing a case for workplace discrimination or employment discrimination based on disability.

Understanding how California views independent contractors

There can be confusion when it comes to classifying employees in California. If an employer views the employee as an independent contractor, it might be because the employer is trying to avoid giving the proper benefits and adhering to state wage laws. Workers should understand the difference between an employee and an independent contractor so that they know what their employment rights are.