Our readers in California are used to seeing news reports about gender and race discrimination occurring in Hollywood by now. But, these prominent news stories can easily drown out discrimination cases that have originated from other sources during the same time period of the last year or so.
The Employee Retirement Income Security Act, or ERISA, is a federal law that was passed in 1974 and took effect in 1975.
As an employee, most people are probably aware that they have some very basic rights and if their employer violates these rights they may take legal action. However, if you are now, or have ever, searched for a job, you likely know that one of the very important factors to take into consideration is benefits. What benefits does your employer offer? What benefits are employers required by law to offer all of their employees?
"Whistleblowers" are employees who report violations of the law by their employers. The nature of the legal violations reported could be violations directed against the employee, such as if the employee has been the victim of sexual harassment, as discussed recently on this blog, or a violation of other laws, such as environmental regulations that apply to the activities of the company the employee works for.
As an employee, you hold many rights that you are probably not even aware of. These rights are enacted and protected by various state and federal legislation. It is important to know your rights so that you can be sure that these rights are being protected in your workplace.
Employees have certain rights and protections that are provided by both State and Federal laws. Some of these rights include fair wage laws, rights to be protected from discrimination and harassment and rights to a safe work environment, just to name a few. If an employer violates any of these rights the employee may have a variety of remedies, which could include filing a formal complaint or even bringing a lawsuit.
As an employee you have certain rights and benefits that you may not be fully aware of. In the State of California one of these employee rights includes access to workers compensation. California requires every employer using employees for labor to carry a workers compensation insurance policy. So, if you're injured at work, are you eligible to receive benefits through workers compensation? And if so, what is it that you will receive?
A previous post on this blog discussed the rights pregnant women have at the workplace. Unfortunately, despite the fact that employers really should no better, many companies in San Diego and throughout California still choose to put profit over doing the right thing and therefore may be reluctant to give pregnant women the rights they have under federal law and the laws of California. In really bad cases, they may even fire or other mistreat a pregnant employee.
A previous post here discussed our law firm's efforts to protect "whistleblower" employees in private California businesses. While the post applauded the bravery of workers who come forward and report their employer's violations of the law, it might be worth clarifying further who qualifies as a whistleblower under California law.
California and the federal government have all kinds of laws telling companies in San Diego and throughout the state what they can and cannot do. These laws are usually there to protect the public, individual employees and other people who either count on that company or, at least, expect a certain standard of behavior.