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Employee Rights Blog

Coronavirus Layoffs: What Do Workers Do Now?

Posted by Eric Kingsley | Apr 14, 2020 | 0 Comments

The economic impact of the coronavirus pandemic has been devastating not just for California or the United States, but also at a global level. In the United States, more than 16 million people have filed for unemployment in the last three weeks. Economists are predicting that at least 20 million ...

Continuing Violation

Posted by Eric Kingsley | Jan 25, 2020 | 0 Comments

The type of discrimination most people know about is discrimination based on sex, race, national origin, disability, sexual orientation, age, religion, marital status, and pregnancy. To pursue a claim protesting this kind of discrimination, a person must file a claim with an administrative agency...

Family And Medical Leave In California

Posted by Eric Kingsley | Dec 09, 2019 | 0 Comments

Life isn't always predictable. Be it the birth of a child or being hampered by an illness or disability, workers in California can feel vulnerable and helpless in such situations especially with questions over finances and continued employment hovering over their heads. There are a number of ques...

Do’s And Don’ts Of “On Call” Scheduling

Posted by Eric Kingsley | Nov 03, 2019 | 0 Comments

If you are an employee who is expected to call or text to learn on short notice whether you are needed for work (“On Call” Scheduling), the following information applies to you and your employment rights. What most employees think of as “on call” scheduling is also referred to as “predictive sche...

Wages For Employee Training

Posted by Eric Kingsley | Oct 29, 2019 | 0 Comments

If you are a California employer that uses interns, or provides training to individuals that could lead to employment, you run the risk of having these individuals qualify as “employees”. And with “employee” status, it may require you to comply with Labor Code requirements dealing with minimum wa...

When Travel Time Counts As Paid Time

Posted by Eric Kingsley | Oct 17, 2019 | 0 Comments

The principles applied when determining whether or not time spent traveling is considered “hours worked” depend upon the kind of travel involved. Daily Commute Typical employment requires an employee to commute from home to work, and back home at the end of the workday. The U.S. Department of Lab...

What You Need To Know About Implied Contracts

Posted by Eric Kingsley | Oct 15, 2019 | 0 Comments

One of the ways to prove wrongful termination is with an implied contract.  When an employer does not abide by the terms of implied or oral contract and terminates an employee without “good cause”, it could be considered wrongful termination and you can take legal action in California. What is an...

Piece Rate Compensation In California

Posted by Eric Kingsley | Sep 20, 2019 | 0 Comments

Assembly Bill 1513 created California Labor Code Section 226.2, which requires employers to pay employees who are compensated on a piece-rate basis for rest and recovery periods and “other nonproductive time” separately from any piece-rate compensation. Employers are required to compensate employ...

Overtime And Holiday Pay Under Prevailing Wage Law

Posted by Eric Kingsley | Sep 08, 2019 | 0 Comments

How is overtime and holiday pay affected by California Prevailing Wage Law? Under California Prevailing Wage Law, minimum wage standards are regulated for all workers performing on construction projects of $1,000 or more funded in whole or part by public funds. Wages are based on trade, craft or ...

Protections Against Employment Discrimination

Posted by Eric Kingsley | Aug 06, 2019 | 0 Comments

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and ...

FHCN Settles Wrongful Termination Lawsuit Filed By EEOC

Posted by Eric Kingsley | Jul 29, 2019 | 0 Comments

Visalia, California-based Family HealthCare Network (FHCN) will pay $1.75 million and provide other relief to settle a claim filed by the EEOC. The plaintiff's wrongful termination lawyer claimed the health care network failed to provide reasonable accommodations to its disabled and/or pregnant e...

The Facts About Race Discrimination In The Workplace

Posted by Eric Kingsley | Jul 24, 2019 | 0 Comments

Race discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their race or characteristics associated with race such as hairstyle, skin color or facial characteristics. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing A...

Pregnancy Discrimination Act Q & A

Posted by Eric Kingsley | Jul 22, 2019 | 0 Comments

On October 31, 1978, The Pregnancy Discrimination Act was approved as an amendment to Title VII of the Civil Rights of 1964. This amendment outlines that discrimination on the basis of pregnancy, childbirth and related medical conditions is considered unlawful sexual discrimination.  Under this a...

What To Do When Sexual Harassment Occurs At Work

Posted by Eric Kingsley | Jun 04, 2019 | 0 Comments

Certain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is against the law. California and Federal law generally defines sexual...

What Is Religious Discrimination?

Posted by Eric Kingsley | Jun 02, 2019 | 0 Comments

Religious discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their religious beliefs or practices. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit religious discrimination in the workplace.  Th...

Sexual Discrimination During The Interview Process

Posted by Eric Kingsley | May 30, 2019 | 0 Comments

Interview Questions That Are Illegal The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit employers from asking certain questions while vetting job applicants. These laws are in place, in part, to protect you against sexual discrimination duri...

Pregnancy Discrimination Law Facts

Posted by Eric Kingsley | May 28, 2019 | 0 Comments

Pregnancy discrimination occurs when an employee or female applicant is treated unfairly due to pregnancy, giving birth, or a medical condition due to pregnancy or childbirth.  Every year, thousands of women file pregnancy discrimination charges.  To help you, we will provide the basic facts that...

Same-Sex Harassment Protections In The Workplace

Posted by Eric Kingsley | May 19, 2019 | 0 Comments

Does gender matter in a workplace sexual harassment lawsuit? The answer is no. Sexual Harassment is not confined to male-female interaction.  It can also occur between members of the same sex, even when the perpetrator and the victim are not homosexual.  In recent years, a sharp increase in same-...

Sexual Emails & Workplace Harassment

Posted by Eric Kingsley | May 13, 2019 | 0 Comments

Digital harassment is becoming increasingly prevalent and can range from a short, one line text message to sexually explicit videos or photographs. Today's technology allows for fast and easy delivery of these messages.  A sexual harasser can easily use a cell phone, tablet, laptop, or desktop co...

Time Restraints On Sexual Harassment Reporting

Posted by Eric Kingsley | May 12, 2019 | 0 Comments

When you are a victim of sexual harassment you may feel overwhelmed and unsure of what to do.  It is wise to consult an attorney immediately for advice and guidance. California and Federal law protects you; however you must file a complaint within one year of the harassing behavior. How Long Do I...

Employer Responsibility In Sexual Harassment Prevention

Posted by Eric Kingsley | May 08, 2019 | 0 Comments

It is your employer's responsibility to take practical steps to prevent sexual harassment. Whether sexual harassment has already occurred, or an employer does not follow prevention laws, they can be held accountable for their violations. When Sexual Harassment Occurs When harassment does occur, t...

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