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Which companies are exempt from family leave laws?

There are many different companies in California. Not only do they vary greatly in the services or products they provide, they also vary greatly in size. They range from companies with just one sole owner who runs the whole company to multinational corporations who have thousands of employees. However, no matter the size of the company it is important that employees are treated fairly and every employer is prohibited from sexually harassing their employees.

Many employees also enjoy other protections based on their sex as well. However, these protections depend on how many employees work for the company. For instance discrimination protections only apply to companies with five or more employees. Companies with five or more employees are also prohibited from retaliating against employees for sexual harassment claims or other protected activity.

There are further protections for employees at companies with 50 or more employees. These companies are required to follow the laws regarding family leave after the birth of a child or an adoption. Companies this size are also required to provide sexual harassment training to supervisors within the company.

Employers who are required to follow these laws must do so and if they do not then the effected employees may be entitled to compensation. This can include back pay, future pay that they lost because of the violations, reinstatement to their job or being hired if they were discriminated against in the hiring process, punitive damages, legal costs and others.

Every employee in California has certain rights, even though most employees are at-will employees. However, which protections an employee may have is based on the size of the company. Generally the employees at bigger companies have more rights. It is important that employees who feel they were sexually harassed or discriminated against know their rights and ensure that they are protected. These can be very complicated matters though and an experienced attorney may be a useful resource.

Source: www.dfeh.ca.gov, "Employees and job applicants are protected from bias" accessed on March 13, 2018

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