The #MeToo movement and numerous high profile workplace-relations lawsuits prompted new California employment laws that took effect on January 1, 2019. California employers and employees alike should take note of four notable sexual and workplace harassment laws detailed below. Don't hesitate to ...
Discrimination comes in many forms and occurs in different patterns. Some kinds of discrimination are direct, while others are unintended on ancillary. At times, discrimination accompanies or integrates harassment and victimization. Many individuals are treated unfairly at work, school, public pl...
Wage theft occurs when employers fail to pay employees the full wages to which they are legally entitled. This is a widespread and deep-rooted issue not only in California but also around the country, which causes serious harm to millions of workers each year. It is not just unethical for employe...
We all expect to be treated fairly and equitably at work. This not only means that we have a basic expectation of being treated with dignity and respect, but we also operate with the belief that all employees will be afforded opportunities for pay raises, promotions and other opportunities based ...
Sexual harassment is a form of sex discrimination, which is a violation of Title VII of the Civil Rights Act of 1964. The U.S. Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a se...
Our experienced employment law attorneys at Kingsley & Kingsley are frequently asked if California employers can legally withhold an employee's earned bonuses and commissions. In this blog, we will delve a little deeper into how commissions and bonuses work and what your rights as an employee are...
Working remotely or working from home has been on the rise. It's a trend that had been observed even as we were leading up to the global coronavirus pandemic. However, when businesses were forced to close their worksites and offices, working from home became even more common and necessary for bus...
Under California and federal laws, overtime pay is not a privilege granted to workers. Rather, it is the right of employees to get paid for the work they have done. Employers are required under the law to pay overtime wages. California law is very clear when it comes who should receive overtime p...
Determining who can or cannot receive overtime pay in California can be tricky due to the complexities in individual workplaces. The law states that non-exempt employees in California are eligible to receive overtime if they go over their scheduled work hours. However, exempt or salaried employee...
Using an employment lawyer can be costly. Even when employees face discrimination, harassment, retaliation or other mistreatment at work and have a solid case, hiring a lawyer and incurring expenses relating to litigation can be cost-prohibitive. In addition to the money issue, there is also the ...
Wrongful termination is said to have occurred when an individual has been fired for reasons that are illegal such as those pertaining to discrimination or harassment. In other words, an employee who has been terminated illegally, in violation of state or federal laws, can file a wrongful terminat...
Employment law covers a range of rights and responsibilities that make up the relationship between an employer and employee. Employment law applies not only to current employees, but also former workers and individuals who are applying for a job. A number of the legal disputes that involve compan...
Harassment in the workplace is illegal under California as well as federal laws. It is a form of discrimination that exhibits a pattern of unwelcome behaviors toward employees, creating a hostile work environment. Often, workplace harassment is behavior that targets employees based on their rac...
Discrimination in the workplace is more common that we might think it is. An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof. In other words, he or she must show evidence that there was discrimin...
Unfortunately, We Cannot Assist With Unemployment Claims. Those Who Have Been Wrongfully Terminated Are Encouraged To Contact Us. The coronavirus pandemic is shaking the entire nation to the core as no other event has in recent history. Employees are facing significant and frightening challenges ...
FMLA stipulates that covered employers must allow an eligible employee to take up to 12 weeks of unpaid, job protected leave for specific family or medical reasons. Here are several questions and answers that will help you to gain a better understanding of The Family and Medical Leave Act. What A...
Federal and state laws prohibit harassment in the workplace on the basis of protected characteristics such as race, color, religion, sex (including gender identity and pregnancy), national origin, age, sexual orientation, color, or genetic information. Under Title VII of the Civil Rights Act of 1...
Wrongful termination has occurred when a person has been illegally fired or laid off. California is an at-will state, which means employers can terminate an employee without providing cause or justification. Similarly, an employee may also quit anytime. Wrongful termination is when an employee is...
Wal-Mart will pay $40,000 and provide additional training to its managers to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to a Tulsa World news report, the lawsuit involved an employee who was born with a congenital amputa...
Self-Audit For FLSA Violations On March 6, 2018, the U.S. Department of Labor (DOL) announced that it would soon be implementing its Payroll Audit Independent Determination (PAID) program. The PAID program will permit employers to self-report potential Fair Labor Standards Act (FLSA) violations w...
California employers face an ongoing challenge in keeping up with federal and California wage and hour laws that regularly change. Large employers may face stiff penalties for seemingly small violations or claims for unpaid wages increasing exponentially since wage and hour claims often accrue on...
California employers are obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. In Industrial Welfare Commission Orders 4 and 5...
As the use of part-time employees and independent contractors continues to grow in California, it is critical for employers to understand the differences in types of employment status. One tool at an employer's disposal is the IRS 20-factor test, used to determine whether sufficient “control” is ...
If you can successfully prove that your employer wrongfully terminated you, you may be able to recover damages for your financial loss, future financial losses, punitive damages, and suffering. There are several key questions that must be answered to determine if you have a legitimate claim again...
Whether you are a survivor of sexual assault or sexual harassment in the workplace, coming forward with your story can be one of the most difficult things one can do in life. A reluctance or hesitation to come forward with allegations is a common reaction from someone who has endured sexual haras...
You do not have to go through this alone. Contact our Los Angeles Employment law firm for a free case evaluation. We represent our clients on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation, and you will never have to pay out-of-pocket. California-only. We are unable to help those outside of California. Call (818) 990-8300
