Articles

Common California Anti-Retaliation Statutes

California has an expansive number of statutes that were implemented to protect employees on such issues as workplace safety, the prompt payment of all wages due and a discrimination free work environment. Fortunately, there are a multitude of anti-retaliation statutes to protect employees from any form of retaliation because they either reported or complained about perceived harassment, discrimination or other workplace problems to their employer and/or a governmental agency. Without these statutory protections, it is quite likely that the mistreatment of employees would be even more rampant throughout California and in fact the entire country. Please read below for several...

Punitive Damages and the FEHA Claim

In a recent article, we discussed some of the remedies available to an individual who prevails on a retaliation claim under the Fair Employment & Housing Act. (California Government Code §12940 et. seq.) The article discussed the recovery of punitive damages against the individual engaging in the reprehensible conduct and potentially your employer for authorizing and/or ratifying the unlawful conduct. The remainder of this article will briefly discuss some of the issues that you can expect to encounter when pursuing punitive damages in a FEHA claim. Reprehensibility of Conduct As discussed in previous articles regarding the remedies available in a...

Remedies Available in Retaliation Claim

[caption id="attachment_925" align="alignnone" width="842"][/caption] Several of our recent articles involve the elements and difficulties involved in proving a retaliation claim under the Fair Employment & Housing Act (“FEHA”) and more specifically California Government Code §12940[h]. For more information about other essential components of a retaliation claim, please visit the article section of our website. The remainder of this article will provide a brief overview of the potential remedies available should you elect to pursue a FEHA retaliation claim. ECONOMIC DAMAGES One component of your claim involves economic damages. Economic damages include all of the wages and other benefits, such as...

Subtle Signs of Gender Discrimination

Despite the fact that federal and state anti-discrimination laws have been in the books for decades and numerous sexual harassment claims that are in the press, gender discrimination is unfortunately far too prevalent in the workplace even in the state of California which has some of the strongest regulations protecting employees. Part of the problem stems from the fact that discrimination has become far more subtle as employers have learned to conceal any bias that they might have with respect to hiring or promoting women in the workplace. The balance of this article will provide you with a few of...

Proposed Legislation Which May Expand Employee Rights in 2018

This year, over 2200 bills were proposed to the California Legislature before the February 16, 2018 deadline. Of course, as anyone familiar with the legislative process knows, many of these bills are going be dead upon arrival; however, a handful will pass and become laws, influencing the lives and livelihoods of millions of California employees. The remainder of this article will briefly discuss several of the proposed bills which hopefully will expand the scope of employee protections in California. Assembly Bill 1870 would extend the current statute of limitations governing the timeframe in which employees and tenants may file an...

The Subtle Side of Workplace Retaliation

Many employees are aware that workplace retaliation is against the law. Pursuant to such statutes as California Labor Code § 98.6 and California Government Code §12940[h], employers are prohibited from taking retaliatory action against an employee simply because that employee has exercised their right to protest or oppose discriminatory or other improper conduct in the workplace. What many employees do not realize, however, is that workplace retaliation can take many forms, some of which are not as readily apparent as one might imagine. Drastic actions such as firing an employee immediately after filing a Workers’ Compensation claim after an injury...

What is a PAGA Claim?

California’s Private Attorney General Act, first adopted in 2004, is a uniquely empowering law for employees, as it allows them to directly defend their rights in the workplace. The law effectively deputizes private citizens; allowing them to act on behalf of the California Labor and Workforce Development Agency (LWDA) in filing civil lawsuits for Labor Code Violations. The largest shortcoming of this law is the fact that many employees are simply unaware of the rights that PAGA grants them. Furthermore, some argue the fact that the LWDA is entitled to 75 percent of penalties lessens any incentive on the part...

Subtle Signs of Gender Discrimination

Have You Been a Victim of Pregnancy Discrimination?

Pregnancy should be a happy and exciting part of life for you and your entire family. Unfortunately, for many women in today’s workforce, that happiness and excitement is tinged with worry and concern. Perhaps you are nervous that your employer will not take the news well -- or perhaps you have already been treated unfairly because of your pregnancy. If this is the case, you should know that there are legal protections on your side. Both Federal and California state laws expressly forbid discrimination against women who are pregnant or who become pregnant during employment. The balance of this article...

What Every Employee Should Know About Meal and Rest Breaks in California

If you're an employee in the state of California, you need to know the regulatory protections regarding employee breaks. Employer responsibility in this area is two-fold, and there are penalties for non-compliance that as an employee you should be aware of. Employers must ensure that all non-exempt employees are aware of the legal requirements in the State of California concerning meal and rest breaks. Once your employer has communicated these laws to you, they must then provide you with breaks in compliance with existing California law. In this article, we'll look at California's meal and rest break requirements, as well...

Overtime & the administrative exemption

One of the more common ways that California employers attempt to avoid paying overtime is by way of the administrative exemption. Before you are a victim of wage theft by your employer by way of the improper use of the administrative exemption, please read the balance of this article which sets forth the critical factors utilized in determining whether you should be paid overtime compensation. REQUIRED SALARY THRESHOLD Preliminarily, it takes far more than a fancy job title or the fact that you agreed to be exempt for an employer to avoid paying overtime. As discussed in a previous article...

What is Quid Pro Quo Sexual Harassment?

Under California law, there are two types of sexual harassment that are actionable claims. The first type, quid pro quo sexual harassment, is the subject of this article. In a nutshell, quid pro quo sexual harassment involves a boss or supervisor requesting some type of sexual favor from a subordinate employee in exchange for some job benefit such as a raise, promotion or better work assignment. (Cal. Code Regs., tit. 2, § 11034, subd. (f)(1)) Alternatively, the supervisor suggests or implies some type of negative consequence if the employee does not provide the requested sexual favor. The second type of...

Protected Activity & Workplace Retaliation

Workplace retaliation is often difficult for an employee to detect. In a nutshell, retaliation involves your employer taking some form of negative action against an employee because they engaged in some form of protected activity that include, but are not limited to, protesting perceived discrimination, unsafe work conditions or discussing their wages with other employees. The remainder of this article sets forth common examples of protected activities which form the basis of a retaliation claim. - Filing an EEOC or DFEH claim against their employer. A common type of protected activity involves when the employee has filed a claim...

5 Common Myths About Overtime Law in California

There are many common misconceptions about overtime laws in California. Unfortunately, employers sometimes operate under such misinterpretations due to ignorance or intentionally cut costs by avoiding the payment of lawfully earned overtime. Preliminarily, employees are presumed to be entitled to overtime compensation and employer claimed exemptions are to be construed narrowly in favor of the employee’s right to receive overtime pay.(Abshire v. County of Kern[9th Cir. 1990] 908 F. 2d 483,485) The remainder of this article will explain some of the common misconceptions about California overtime law so that you receive all of the compensation to which you are...

How to Commence a Workplace Discrimination Claim in California

California provides numerous statutory protections for many types of workplace discrimination. The California labor code offers workers strong protection against many types of discrimination. If you have been treated unfairly because of your race, sex, disability or membership in a protected class, the first step towards remedying discrimination by your employer often involves filing a claim with the appropriate governmental agency. If you fail to timely and accurately submit the governmental claim, you will be deemed to have failed to exhaust your administrative remedies and precluded from pursuing a civil action as to certain discrimination claims. In light of the...

How California Law Protects LGBTQ Employees

Since the passing of the Equal Pay Act in 1963, federal employment discrimination laws have slowly expanded to include new protected classes. Unfortunately, the LGBTQ community has yet to be specifically included among those individuals who are entitled to protected status under federal law. Fortunately, California has specifically designated gender identity and sexual orientation as protected classes under FEHA. (California Government Code section 12940[a]). Furthermore, there are several statutory protections against hate crimes including California Penal Code §422.55. The balance of this article will briefly discuss the resources and legal protections available to LGBTQ workers in California. The...

Does Your Employer Owe You Overtime Wages?

Facts Every Employee Should Know Federally mandated overtime pay was first established in the United States by the Fair Labor Standards Act (FLSA) of 1938. As is the case with the laws prohibiting discrimination, California has significantly expanded upon the overtime protections established by the FLSA. For example, the FLSA only requires that an employee receive overtime compensation after he or she has worked in excess of forty hours in a work week. In addition to the forty hour threshold established by the FLSA, non-exempt California employees are entitled to overtime compensation for any work performed after eight hours in...

Fired? Here’s What You Need to Know About Wrongful Termination

Exceptions to At-Will Employment in the State of California California, like most states, uses an “at will” employment doctrine as the default relationship between employers and their workers. This policy is established in California Labor Code Section 2922, which states that “an employment contract of indefinite duration is generally deemed to be at the will of either party.” In simpler terms, this means that, unless you sign a contract explicitly defining how long your employment will last, both you and your employer have the right to terminate the working relationship at any moment without any legal repercussions. Of course, many...

Am I an Independent Contractor?

Your Employee/Contractor Status and Why It Matters If you are confused as to your legal status as an employee or an independent contractor, then you aren’t alone. Even the California Labor Code’s formal definition can be a bit difficult for lay persons, and frankly even attorneys, who do not work extensively in the field of employee rights. Per Labor Code §3353, an independent contractor is “any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which...

Is an Employment Discrimination Case Worth It?

Filing a lawsuit against an employer or former employer can be an intimidating experience, which leaves many workers wondering if standing up for their rights is truly worth the trouble. Here at Perrin Law Group, we have over a quarter century’s experience defending the rights of employees and employment discrimination in the state of California, so we know a thing or two about the topic. We have worked with employees of all ages and from diverse industries and distinct walks of life -- and we have seen, first hand, the positive and negative effects of employee/employer lawsuits. Whether or not such...

Unpaid Wages in the State of California

Across the US, the federal Fair Labor Standards Act (FLSA) establishes a set of minimum employee protections that must be followed by all employers in the country, and no state is permitted to take away these rights. However, states are allowed to create additional protections for their workers -- and California is widely considered to be one of the most employee-friendly states in the nation. Below, we have outlined a few important rights regarding the payment of wages and protection against unpaid wages in California. 1. Any legal and agreed-upon form of compensation can count as unpaid wages. The California...

Workplace Discrimination Overview

Knowing your rights is key to defending them! Below are a few crucial facts about workplace discrimination that you should know -- but for more complete or personalized information on the topic, we encourage you to try the Perrin Law Group online case questionnaire or contact our office today for a free consultation.. 1. The Age Discrimination in Employment Act forbids employers from discriminating against workers over the age of 40. Under this act, workers are legally protected against discrimination in hiring, firing, pay, promotions, benefits, work-related training, and layoffs. Moreover, the Fair Employment and Housing Act (FEHA) of California...

The California Fair Pay Act and the Wage Pay Gap

In addition to the statutory protections established by the Fair Employment & Housing Act with respect to preventing workplace discrimination, the California Labor Code offers an additional arsenal for employees with to insure that employees are treated equally with respect to the payment of wages. Although California has prohibited differential rates of compensation between men and women for decades, the California Fair Pay Act that went into effect in 2016 expands the statutory protections regarding wages to accomplish the laudable goal of eliminating pay gaps between men and women. The Act, since inception, has been amended to prohibit employers from...

2018 Employment Discrimination Law Updates

During the 2017 Legislative session, several important new laws were passed to provide additional rights and protections to California employees and help eliminate employment discrimination in the 2018 calendar year. In prior articles, we discussed the Ban the Box law that prohibits an employer from asking about a potential candidate’s criminal history in connection with a job application. Although an employer may ultimately decide not to hire the individual because of their criminal history, an employer must notify the applicant of the disqualifying conviction and thereafter provide the prospective employee with an opportunity to provide contrary or explanatory evidence about...

Age Discrimination in the Workplace

The concept of workplace age discrimination is relatively straightforward: it can be loosely defined as the unfair treatment of an employee based upon his or her age rather than their professional merits. Legal definitions and the corresponding protections offered to employees over the age of 40 are far more complex than what overall society perceives as age discrimination. The following Q&A will provide information about the available federal and state statutory protections against age discrimination, and will identify several subtle indicators that have been found to evidence ageism in the workplace. Who Is Protected From Workplace Age Discrimination? The most...

Whistleblower Protection Status FAQ

Through the hard work of countless civil rights advocates, employees and concerned citizens, the American workplace has slowly but surely become an increasingly safe, ethical, and accepting environment. However, a considerable amount of work still needs to be done to insure that today’s workplace is a safe and non-discriminatory environment. Regardless of the industry in which you work, it is highly probable that you will either experience or witness some type of workplace injustice. Although reporting misconduct to human resources or your supervisor can help, the truth is that more drastic measures, such as filing a complaint with the appropriate...

6 Facts About Racial Discrimination in the Workplace

One reason why access to legal representation is so crucial when it comes to protecting your rights is that Workplace discrimination is not always transparent, and a facially neutral action or policy by an employer may, in fact, constitute unlawful conduct. Below, you can learn more about six important yet surprising facts about racial discrimination. Discrimination protection includes association with protected groups. For example, if an employer who has a history of racially discriminatory policies against African-American job candidates passes up a highly qualified white job candidate simply because that person is married to an African American, there would exist...

Gender Discrimination: What You Need to Know

Do you suspect that you may be the victim of gender discrimination? Looking to learn more about this all-too-common workplace phenomenon? In this article, we discuss a few of the most common forms of illegal gender-based discrimination -- from unfair hiring practices, to harassment, to unequal pay, and much more. Along the way, we will also present a basic overview of your legal rights and the steps you can take to defend yourself from such unlawful conduct. Hiring Discrimination. Under a truly fair system, job candidates would be chosen on the basis of their talents, professional preparation, and their potential...

Sexual Harassment in the Workplace

The issue of sexual harassment has dominated the news and social media with numerous claims made against Harvey Weinstein, Al Franken Kevin Spacey, Matt Lauer and many others. Unfortunately, workplace harassment, specifically sexual harassment, has become far too common and often goes either unreported or ignored by the employer. There are, however, both federal and state protections against sexual harassment in the workplace. In California, the Fair Employment & Housing Act (“FEHA”) prohibits sexual harassment and requires that an employer take the reasonable steps necessary to prevent harassment. Similarly, Title VII of the Civil Rights Act provides the analogous protections...

Interactive Process in Disability Claims

California’s Fair Employment and Housing Act (“FEHA,” Cal. Gov’t Code §§ 12940, et seq.) prohibit employment and disability discrimination on numerous grounds including unlawful treatment based on mental disabilities, physical disabilities and medical conditions. (California Government Code section 12940[a]). In fact, FEHA prohibits discrimination of an employee premised on a perceived disability or medical condition. If an employee is temporarily unable to perform duties essential to their job because of a disability or medical condition, an employer is required to provide reasonable accommodations. (California Government Code section 12940[m]). The employer’s obligation to provide accommodations arises when the employee makes a request...

Is Language Discrimination Illegal?

At first blush, the answer to the above question appears to be that language discrimination is not illegal under the Civil Rights Act or the Fair Employment & Housing Act (FEHA) . Although both of the above acts are specifically designed to prevent discrimination based on race, sex, disability and numerous other protected classes, neither FEHA nor the Civil Rights Act specifically mention native language as a protected characteristic. However, you should be aware of the fact that, under certain circumstances, language discrimination is considered a subset of national origin discrimination which is specifically designated as a protected class under...

Job Hunting While Living With A Disability

Job Hunting While Living With A Disability Finding work in today’s economy can be quite the challenge -- and this issue is oftentimes magnified for those suffering from a mental or physical disability. However, you should know that there are laws on the books, both nationally and in the state of California, that offer you protection from unfair discrimination due to your disability. Many of the protections can be found in the Americans with Disabilities Act and the California Fair Employment & Housing Act. Regardless of any health or disability issues that may affect you, you deserve a fair shot...

Performance Reviews and Workplace Discrimination and Retaliation Claims

Proving workplace discrimination and retaliation claims can be difficult as it is a very rare occasion wherein a supervisor will readily acknowledge that a termination or other adverse action was based on the employee’s sex or race or due to their complaints about perceived unlawful activity. The annual performance review is often a fertile ground for the discovery of circumstantial evidence in support of a discrimination or retaliation claim. Preliminarily, employers have yet to design a perfect performance review form that accurately assesses each employee’s performance on a consistent basis. However, the performance review should be conducted in a non-discriminatory...

Workplace Investigations and Employment Discrimination and Retaliation Claims

The following scenarios have unfortunately become far too common in the current workplace environment. In the first, several female employees make complaints to human resources against a male supervisor for inappropriate comments and unwanted sexual advances. The employees never hear from human resources with respect to their complaints and the supervisor continues his reprehensible conduct. Similarly, a female minority employee is terminated shortly after she complains to human resources that her supervisor treats her differently because of her race. Human resources advised the employee that her complaint would be investigated. The company’s policy specifically requires that all complaints of discrimination...

Are You A Victim Of Workplace Retaliation?

Organizational accountability starts and ends with you, the employee. Of course, in an ideal world, management will be ethical and third-party investigations will be rigorous and fair. But the hard truth is that management sometimes lacks the incentive to be accountable and third party investigations are sometimes lax or nonexistent. The bottom line? If you see something, say something! Workplace harassment, discrimination, and safety violations are all preventable problems -- as long as you’re willing to take the initiative needed to eliminate these issues. Reporting workplace unfairness One important fact you should know: if you do choose to report harassment,...

4 Subtle Signs of Workplace Discrimination

From excluding certain job candidates from genuine consideration, to denying certain employees their justly owed benefits and compensation, to unjustified pay gaps, to wrongful termination -- workplace discrimination can take many diverse forms. And the worst part is: many studies show that it is still surprisingly prevalent in the American economy. Now for some good news: if you have been treated unfairly due to your race, religion, age, national origin, or other protected statuses, then you have legal recourses at your disposal in order to demand fair treatment, gain recompense for harm caused, and protect yourself and your fellow workers...

Ban the Box: What You Need to Know

On Saturday, October 14th, 2017, California Governor Jerry Brown signed into law Assembly Bill 1008, known casually as Ban the Box. This type of legislation has been a hot topic across the nation ever since 2015, when then-president Barack Obama banned federal government job applications from inquiring regarding the conviction history of potential employees. In the months and years since, several states and hundreds of cities enacted similar legislation -- joined this October by the state of California. The idea behind these laws is creating a path for former offenders to reintegrate smoothly and successfully into society. With over two...

Employee Discrimination Laws That Protect Employees

3 Employee Protection Laws That Changed US History

Regardless of what industry you may work in, you are protected by numerous laws designed to insure that your employer keeps you safe and treats you fairly in terms of both compensation and the absence of any form of employee discrimination and/or harassment on the state, national, and local level. Unfortunately, in spite of all this protection, most employees do not know about many of their rights and are often unclear about the basic protections that must be provided by an employer. To be certain, these laws can sometimes be complicated, which is one reason to contact experienced employment law...

Employment Rights & Employment Discrimination

The 5 Most Common Employee Rights Violations

You work hard every day, contributing to the ultimate success of your employer’s business. One would think that your efforts would result in the company respecting your fundamental rights. Unfortunately, employers far too often are not looking out for your best interests which may negatively impact the bottom line. Every year, tens of thousands of workplace regulations and employee rights are violated, so as to negatively impact the lives of employees and often their families. Fortunately, there are resources at your disposal to defend your rights -- and standing up for yourself can help create a more positive workplace experience...