In this article, you can discover… What to do if you are sexually harassed in the workplace. The evidence you should gather, if possible, to help your case. What to do if you are unsure whether an incident counts as sexual harassment. What Are The First Steps To Take When I Experience Sexual Harassment At Work? Be sure to document the incidents of harassment, whether they be physical contact, groping, inappropriate comments, or inappropriate requests for a personal relationship outside of work. This is true whether the behavior is a one-time event or part of a larger pattern of behavior. Note what happened, with whom, when, and where. Sending yourself an email or a text documenting the incident can verify…Read More
In this article, you can discover… How to document inappropriate behavior or comments at work. Whether text messages and emails can be used as evidence. How to document subtle or non-verbal harassment. How Should I Document Inappropriate Comments Or Behavior In My Workplace? Be sure to record when anything inappropriate, egregious, or uncomfortable happens to you in the workplace. Note the date, time, persons involved, and what happened. You can even text or email this information to yourself to give yourself an instant time stamp on the information. Noting this information as soon as possible after the incident can help ensure the memory is sharp, clear, and accurate. Next, consider if this kind of behavior is tolerated or seen as…Read More
In this article, you can discover… How California law can protect you from workplace retaliation. The types of actions that may count as retaliation at work. The damages you may be entitled to as a whistleblower in California. How Does California Protect Employees Who Report Workplace Violations From Retaliation? Whistleblowing is when you risk your job to bring safety violations or sexual harassment issues to the fore. California has very strong protections in place to protect employees who investigate or report wrongdoing or speak out in good faith with concerns about possible wrongdoing. In spite of those strong protections, employees still sometimes lose their jobs in retaliation when they act as whistleblowers. If you have concerns about possible impending termination…Read More
In this article, you can discover… How to protect yourself from retaliation during a workplace investigation. Signs of retaliation to be aware of during an investigation. When to consult an attorney, and the evidence you should gather. What Should I Do If I Fear Retaliation During An Investigation In Los Angeles County? If you are being investigated and fear retaliation, be sure to… Consult with employment counsel who can help you through the process. Document your concerns. Consider reporting your concerns to human resources. It’s important to allow an attorney to review your case first and foremost. Your lawyer will help guide you legally and advocate for your rights. What Are The Signs That Retaliation Is Occurring During A Workplace…Read More
Under California law, employees have the right to “a reasonable accommodation” for known physical or mental disabilities. Cal. Gov. Code § 12940 (m). This begs the question, what is a reasonable accommodation. At a minimum, a reasonable accommodation includes, but it not limited to, making a facility used by an employee accessible and usable; restructuring a job through means such as a modified work schedule or reassignment to a vacant position; modifying of equipment; adjusting exams, training materials or policies; and/or providing qualified readers or interpreters. Cal. Gov. Code § 12926 (p). Practically speaking, for an employee to ask for an accommodation, the employee must trust that the employer will listen to them. In an effort to encourage this dialogue, California law…Read More
As discussed in a July 8, 2020 blog post, Proposition 22, was a ballot initiative that changed the classification for app-based transportation and delivery drivers. On November 3, 2020 voters approved the passage of Prop 22. Since passing, companies such as Vons, Pavilions and Albertsons have moved to stop employing delivery drivers and instead work with gig delivery drivers like DoorDash. Albertsons has stated that the transition was not impacted by Prop 22. Ibid. In response to the passage of Prop 22, the Service Employees International Union (“SEIU”) along with several individual Petitioners—Hector Castellanos, Joseph Delgado, Saori Okawa, Michael Robinson—have filed an Emergency Petition for Writ of Mandate and Request for Expedited Review in the Supreme Court of the State of California. Castellanos…Read More
On September 17, 2020 Governor Gavin Newsome signed SB 1383, which expands job protection for individuals taking family and medical leave under the California Family Rights Act (CFRA). The law becomes effective on January 1, 2021. Under current law, employees at organizations with 50 or more employees can obtain 12 weeks of leave within a 12-month period once they have worked for at least 1,250 hours. Cal. Gov. Code § 12945.2. They may take the leave for the purpose of engaging in family care or medical leave. Family care and medical leave encompasses: leave to care for a newly expanding family with a child from birth, adoption, or foster care; leave to care for a parent or spouse; and leave due…Read More
In 2017, understanding that pay disparities were exacerbated as employees moved further into their careers, Jerry Brown signed A.B. 168 into law. Central to the bills’ purpose was reducing the gender pay gap which adds to “lifelong financial effects including contributing to women’s poverty.” The bill, later codified as California Labor Code Section 432.3, provided several protections as individuals attempted to negotiate their salary. First and foremost, employers are prevented from relying on “salary history” as “a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.” This is particularly important for employees who have a history of being underpaid, and have been unable to obtain appropriate salary increases at new employment due to…Read More
In Frlekin v. Apple, 2020 WL 5225699, the Ninth Circuit, in conjunction with the California Supreme Court, ruled that time spent waiting for and undergoing exit searches of bags qualified as “hours worked” under Wage Order 7 and, thus, required compensation. Apple retail stores had a policy in place requiring that all employees submit to a bag search prior to leaving the store. Although some employees reported wait times of up to forty-five minutes, the employees, who had non-exempt status, would typically wait somewhere between five to twenty minutes to be searched. The California Supreme Court accepted the Ninth Circuits’ certified question, after reformulating it as follows: Is time spent on the employer’s premises waiting for, and undergoing, required exit searches…Read More
On July 29, 2020, the Ninth Circuit in Ashley Judd v. Harvey Weinstein unanimously reversed the district court’s ruling that Judd could not proceed with her sexual harassment claim against Weinstein under California Civil Code section 51.9. Judd alleged that in late 1996 or early 1997, Weinstein invited Judd to have a breakfast meeting at the Peninsula Hotel to discuss future work opportunities. At the time, Judd was a young actor and Weinstein was a well-connected Hollywood producer. When she arrived to the hotel, she was told to go to Weinstein’s private room. When she arrived, Weinstein made sexual advances towards her. Judd refused the advances and left the room. In 1998, Peter Jackson and Fran Walsh were considering casting Judd in The…Read More