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December 2017 Archives

Steps to take if you believe you were wrongfully fired

People in California rely on their jobs in order to earn an income and provide for their and their family's needs. They make decisions on what they can afford based on the fact that they expect the job to be there and the paychecks to continue to come in. However, people are fired from their jobs from time to time.

Protections for whistleblowers

The goal of most corporations in California is to make money. Some will do whatever it takes even if involves scandals that end up hurting many people involved with the company and beyond. When major scandals do occur, generally there is backlash and laws are created in order to try and prevent the same activities from occurring in the future. One of the laws is the Sarbanes Oxley Act, which was enacted in the aftermath of the Enron and WorldCom scandals and requires more transparency, among other things, from publicly traded companies.

Employers must train supervisors to correct sexual harassment

As people in California are aware, there has been a giant light shined on sexual harassment in the workplace recently. Many high profile people in the entertainment and media have been fired or resigned over allegations of sexual harassment and inappropriate workplace behavior. The allegations against these men go back numerous years as well and demonstrate that sexual harassment has been an issue for a long time and continues to be one as well.

What country an employee is from cannot affect their employment

There are people from all over the world who live and work in California. They come to California for many different reasons and work in many different types of jobs and professions. People from the same race may also come from different countries. Unfortunately though just like people have biases against people of a certain race, people also have biases against individuals from different countries as well.

The #MeToo movement hits the workplace

In recent months, the reports of sexual assault, sexual misconduct and harassment have swept the nation, highlighting just how much work is left to do in regards to putting a stop to the sexual harassment in the workplace that so many women must contend with. In the wake of the MeToo movement, new changes for the workplace are on the horizon - many of which are long overdue. However, not all of the changes to come are guaranteed to be positive, and there will certainly still be plenty of battles left to fight. Outlined in this article are just a few of the ways the revelations brought forward by the #MeToo movement may change rules and proceedings in the workplace for the better and the worse. 

New California labor laws for 2018

With 2017 in the books, it's time to welcome in the new year, and with it comes a new set of labor laws affecting workers in California workers. This year, there are several important changes that California employees need to be aware of. For your knowledge and convenience, we've taken the time in this post to outline some key changes workers should expect.  

Banc of California employee alleges whistle blower retaliation

Banc of California has been facing a number of different accusations recently. It started with alleged ties between the company's leadership and a financier who had been put in jail in New York. Then in August a former vice president alleged it was whistle blower retaliation that led to his firing after he voiced concerns about self-dealing and other conduct of the directors and officers at the company.

Retaliation against employee involvement with EEOC is prohibited

There are many different work environments in California. Some work in offices, some work outside doing construction or other types of work, some work in retail stores, restaurants, some drive doing delivery or transporting other products. Due to the unique requirements of each of these businesses, the job requirements and dynamics of each type of work will vary. However, no matter what type of work people do, they all have the same rights against discrimination or harassment at work.

Women with pregnancy disabilities must be allowed to take leave

There are many different types of injuries, illnesses and disabilities that can prevent people in California from being able to work. When this occurs, it can be difficult for both the employee who needs the income and the employer who need their employees to ensure the company runs smoothly. However, the employee is protected in these situations. The employer must allow the employee to take leave and still get their job back when they are healthy enough to return.

Protecting employees from whistleblower retaliation

People in California have many different types of jobs and work for a variety of different employers. Each company run their businesses differently, but no matter how they want to run it, every company must follow the law and regulations. Not all companies follow these laws though and some even force their employees to participate in the illegal activity. Many of these employees may not want to engage in this illegal activity, but may feel like they do not have a choice if they want to keep their jobs.

A mental health diagnosis must be recognized as a disability

Many people, especially those who don’t suffer from the often complex limitations of a mental health condition themselves, are often unaware that many commonly known types of mental health concerns are actually categorized as disabilities under the Americans With Disabilities Act (ADA) of 1990. The protections and coverage that should be applied to individuals who do suffer from a mental health condition in their workplace was the subject of a publication released in December 2016 by the Equal Employment Opportunity Commission, which is well summarized here. This information may be very relevant to many people who are entering or returning to the workforce with a severe and persistent mental or emotional health condition, including Post Traumatic Stress Disorder (PTSD).

Family medical leave for fathers

California outpaced the rest of the country in 2004 when they became the first state to put a Paid Family Leave (PFL) law into effect, allowing employees who meet certain qualifications to receive a partially paid, six week long period of time to care for either their newborn child, or for an ailing child, parent or spouse. This type of leave is very uncommon in the United States for providing eligible employees with any amount of pay during their period of leave.

What rights do at-will employees have in California?

There are many different types of employment in California and many different employers. Most employers require that their employees perform the tasks of the job adequately, but beyond that each employer has their own rules about conduct, expectations, benefits and other aspects of the employment. However, most employees in California are also known as at-will employees. This is true in most circumstances even if the employee signs an employee agreement and agrees to abide by a number of different covenants.

California legislature under fire for sexual harassment culture

Recently many allegations of sexual harassment have come to the surface in California and throughout the nation. Many people within the entertainment industry and politics have been exposed for their behavior towards women. Many of the complaints have come in the work environment and involve subordinates in those situations. The California legislature is now under fire as well.

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