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January 2018 Archives

Most common EEOC charges in California in 2017

Most people in California are at-will employees and are somewhat at the whim of their employer in terms of their employment status, but do have some protections. Employers generally make decisions based on what is best for their business and therefore keep good employees regardless of their age, sex, race and other factors. However, people in management just like anyone else could have biases and base decisions on these biases as opposed to basing the decision on work performance.

Workers can refuse to do dangerous work

There are many safety regulations in California to keep the workers safe while performing job tasks. Some jobs do require people to perform more dangerous tasks than others though and others expose workers to dangerous chemicals or noises. However, there must be appropriate safety equipment available for the workers to keep them safe while performing these tasks.

Process for filing sexual harassment complaint in California

There many things that annoy people while at work. It could be an over bearing boss or a co-worker who bothers one throughout the day. It could also be certain policies that the employee does not like. However, there are some things that go beyond simply being annoying. Sometimes certain actions fall into the category of harassment. One type of harassment that is very common is sexual harassment.

Racial discrimination lawsuits against Tesla are adding up

Tesla, the well known manufacturer of the popular Tesla Model S, Model X and Model 3 electric cars, is now under scrutiny in the wake of a class-action lawsuit claiming that several of the African American employees at the company’s main auto manufacturing facility in Fremont have been the victims of racial discrimination and harassment. Although Tesla has already responded to these claims with a lengthy denial of wrongdoing on the company’s blog, this type of response is common for large companies and more often than not is not a reliable way to gauge the actual experiences of the employees. While a denial of wrongdoing may be in the best interest of the company as a whole, the increasing number of allegations claiming that employees are facing discrimination and harassment at the Fremont plant are beginning to add up to a broader cause for concern. 

What are the laws for laying off employees in California?

There are many expectations that employers have of their employees. The basic one though is that they do their job and do it well. For the most part as long as the employee is doing their job, they will be able to keep it. However, some things are out of an employee or an employer's control such as a downturn in the market or a specific business. In these situations the employer may simply no longer have the money to pay all their employees and need to lay them off.

Police officer claims whistleblower retaliation against LAPD

When people are at work in California they should be analyzed based solely on their work performance and nothing else such as their sex, race or age. They also should not be subjected to harassment of any sort. However, these types of things do happen in all kinds of workplaces throughout the state. It is important that this behavior is dealt with properly though to ensure that the victims are protected.

Justice Department files lawsuit to protect military reservists

One of the many important rights that members of our armed forces should be able to count on when they return from a period of service is a reliable measure of job security. This protection comes from the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which provides members of the National Guard and Reserve with the right to reemployment following an absence for military service. USERRA was enacted with the intention of helping prevent the discrimination of and retaliation against service members by their employers as a result of their reserve duty related absences. When an employer is thought to have violated these rights, the Department of Justice can and will take action in aid of the service member, if this is deemed necessary. 

Protecting the rights of those who are wrongfully terminated

California is known as an "at will" employment state. This means that there are very few set term contracts and people do not have absolute guarantees that they will have their job for set period of time. It also means that people can be fired for unfair reasons on the whim of their employer. In many instances there is nothing illegal with doing that even though it is not fair. However, employees do have protections and if they are fired because of an employer's biases and discrimination, the employee may have a wrongful termination claim.

Hotel workers may soon have protections from sexual harassment

People in California are put into many different situations depending on the type of job they work. Most are in fairly public places though with many other people around during the day. If something happens to them or there is inappropriate behavior, there are generally other people around who may be able to help them. This is not true for all jobs though. One of these jobs is hotel workers. Many of these workers need to go into the rooms for various things and are isolated in the room while they work.

Employees are protected if they file a wage and hour claim

Employers in California can set many of the conditions of employment and compensation for the work. Employers can set the hours that they would like the employee to work, they can offer certain benefits, they can provide certain amenities at work or decide not to. However, there are certain laws that they must follow and cannot choose to not provide them. One of these laws is minimum wage. The employer can decide how much to pay their employees, but they must at least pay them minimum wage.

What one should do if they are being sexually harassed at work

There are many forms of sexual harassment in California. It is also not just limited to the entertainment industry or politicians either, even though most of the publicity is centered on those to areas of society. Sexual harassment is present in many different types of employment settings and affects many people each year. There has now a big movement to shed light on the problem, but the victims of the harassment still need to know how to properly address their individual cases.

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