The post Is a Single Incident Enough to Constitute Harassment? appeared first on The Armstrong Law Firm.
]]>It is the right of any employee experiencing harassment to file a California employment law claim. Knowing who can file a claim and what laws apply helps protect your right to a work environment free of abuse, intimidation, or hostility.
Many workers feel they have no say in harassment matters when an action or comment is directed at someone else or these actions are generalized in the workplace. Your experience with harassment as an employee may come in an indirect form. Harassment is an undesirable action addressing:
These actions constitute harassment and are unlawful any time they:
In addition to federal law, California has ruled that any action, even after being committed only once (Cal.Gov. Code §12923(b)), is a triable offense. An action is harassment and illegal when:
Employers are responsible for immediate action to address any act of harassment in the workplace. The Fair Employment and Housing Act (FEHA) requires employers to have harassment policies in place. Report any incident of harassment involving:
There are steps each employee can take to address harassment. Employees are protected against retaliation for taking action against harassment in California.
It is never an overreaction to file a report with a supervisor and human resources, even after one incident of harassment. Filing a report is often necessary to prevent other incidents of harassment. When a supervisor initiates the harassment, speak with the next person in charge above them.
Legal guidance can help someone move forward with action and prevent offensive, unwanted acts in the workplace. Report any retaliatory acts taken against you after filing a claim involving a single incident of harassment. Retaliation may occur when:
Taking your claim to an unbiased source with experience and knowledge in harassment law can help you determine if a single incident in the workplace constitutes harassment. Complete protection under the law is each employee’s right. No employee should experience the downplaying of a single incident of harassment.
When you are ready to discuss your case:
Employment Law is complex and exists on the federal and state levels to protect employees from a single incident of harassment or prevalent harassment in the workplace. Discuss your case of workplace harassment with an experienced team in California.
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]]>The post What Are Sexual Harassment Victims Entitled to in California? appeared first on The Armstrong Law Firm.
]]>Sexual harassment victims may be entitled to specific damages or compensation when a sexual harassment case is proven in court, or a settlement is reached. Your compensation will depend on the particular facts relating to your unique California sexual harassment claim.
Filing a civil lawsuit for sexual harassment serves to restore the victim to where they were before the incident occurred. While compensation can never undo the damage of sexual harassment, it is a remedy applied by the law to try to make these actions right. In the age of telecommuting, sexual harassment may occur whether you work on-site or from home. A sexual harassment victim may recover damages or compensation for the following:
These remedies apply to each individual violating the law. In addition to these financial damages, other actions are required.
An employer must also take the following actions to prevent harassment and make changes to a company’s policies to implement the appropriate governmental requirements:
For many, going back to a workplace where sexual harassment took place may not be the option they choose. However, employees earning pensions and compensation correlating with their years of service are still entitled to perform their duties to earn these benefits.
Understanding how California sexual harassment law applies to your situation and allowing for a complete evaluation can give insight into your options and what works best for you.
Cases tried in court and found to be grossly negligent or egregious may also entitle a sexual harassment victim to exemplary damages. The actions must be found:
These damages are not common but do exist for situations where the court decides to make an example of particularly unacceptable behaviors. These damages serve to discourage and prevent others from acting similarly.
Determine if you have a California sexual harassment claim and what damages you may be entitled to. These illegal acts should never impact your livelihood.
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]]>The post California New Employment Laws Effective January 2024 appeared first on The Armstrong Law Firm.
]]>Most healthcare employees, with exemption given to California State Hospitals, outpatient facilities managed by federally recognized tribes, and tribal clinics exempt from licensure, will benefit from a minimum wage increase (SB 525). This bill is far-reaching, affecting employees in janitorial services to practicing physicians, offering a multi-tiered approach.
A new bill requiring a $20 per hour minimum wage will repeal the FAST FOOD Accountability and Standards Recovery Act on April 1, 2024. This assembly bill (AB 1228) supports an annual wage increase until 2029. A Fast Food Council will also be established and will likely advise on conditions in the workplace in California.
A bill supporting food handlers (SB 476), will require employers to pay for any costs associated with procuring a food handlers card. These costs can include expenses for training, testing costs, or any other expenses accrued by the employee.
California’s previous sick leave laws entitled employees to three days or 24 hours of paid sick time. A new bill expands on this entitlement of paid sick days (SB 616) accrual and use, affording employees coverage for five days of paid sick leave or 40 hours. This bill does exclude some workers. Additionally, caps on annual sick use have been raised and accrual rates for sick days have been raised.
Employers must adopt plans addressing workplace violence (SB553) as part of established injury and illness and prevention programs or create separate documents. Employers will be required to record incidents of violence or threats in a log, provide training for all employees, and maintain workplace violence prevention plan records.
Eligible employees experiencing a reproductive loss event (SB 848), defined as a miscarriage, stillbirth, unsuccessful assisted reproduction, the final day of a failed adoption, or failed surrogacy, are allowed to take up to five days of unpaid bereavement leave.
Employers are prohibited from attempting to enforce or enter into noncompete agreements (SB 699) with employees. Any established non-compete contracts are void in California. Additionally, employers must notify employees who entered into noncompete agreements after January 1, 2022, that these signed agreements are void (AB 1076) as of February 14, 2024.
Employers who have lost civil suits (SB365) that seek to enforce arbitration in labor disputes with employees can no longer automatically freeze proceedings by filing an appeal.
Employers are no longer allowed to discriminate against employees (AB 2188) using cannabis away from work off-duty when hiring, terminating, or during any condition of employment. This law still allows employers to maintain a drug-free workplace and does not allow employees to possess or use cannabis at the worksite.
California’s Fair Employment and Housing Act will be expanded (SB 700), protecting individuals from discrimination based on prior cannabis use, a criminal history resulting from its use, or requesting information regarding a job applicant’s use.
For over 20 years, The Armstrong Law Firm has protected employees against unfair practices. Contact us if your rights as a California employee have been violated.
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]]>The post Guide to California Sexual Harassment Law appeared first on The Armstrong Law Firm.
]]>Whether the harassment is initiated by a coworker, supervisor, or client, documenting the incidents is essential, and speaking with an experienced Northern California sexual harassment attorney can help you protect yourself from inappropriate work practices. Kelly Armstrong, founder of The Armstrong Law Firm, is recognized for her authority and achievements in fighting against incidents of sexual harassment in the workplace.
An action or behavior creating an intimidating, offensive, or hostile workplace that is of a sexual nature is sexual harassment, regardless of whether the behavior occurred once or multiple times. These acts are a credible threat of unlawful violence that is used to harass, scare, or annoy another person.
There are multiple components to sexual harassment. The first is objective, recognizing that any person in the workplace of the harassed individual would interpret the actions as abusive, offensive, or hostile. A subjective component acknowledges the employee’s emotional suffering because of the behavior, with the potential of the weight of the actions impacting their health or ability to function in their work environment.
California law divides workplace sexual harassment into two categories. An employee may be subjected to one or both.
Inappropriate behaviors that are inescapable or severe in the workplace create a hostile work environment. These behaviors may present as:
These behaviors impact not only the workplace but also someone’s personal life.
This type of sexual harassment comes from a higher-ranking employee or supervisor who offers an improvement in a work situation in return for sexual favors. This individual must have the potential to enact the promised situational change.
In addition to existing laws, newer laws have been implemented to address California sexual harassment.
SHARE extends the time limits the harassed individual has to act, allowing them to file a complaint with the Fair Employment and Housing Administration (FEHA) up to three years after the incident occurs instead of one year.
This bill expanded on the AB 1978 and focused on preventing sexual harassment in the janitorial workforce sector. Training is required to prevent sexual harassment, as well as information about qualified organizations and peer trainers who can provide in-person or online training to non-supervisory staff.
Expanding this law requires employers with five or more employees to provide sexual harassment prevention training. This law extends to employee training but was initially directed at supervisory staff only.
FEHA is the leading law in California providing employees protection against harassment, with the provisions protecting against employee harassment applying to all employers.
Also provided under FEHA, employers are required to have policies in place (2 CCR §11023) that address sexual harassment. Written procedures should help employees identify these acts, how to file a report, and where filing should occur. Each employee should receive a copy of the policy.
Each employee is guaranteed certain rights under the law. Employees should never be discouraged from requesting help in incidents of sexual harassment. A sexual harassment attorney in Northern California will explain your rights and assist with legal action.
Retaliation for exercising your California employee rights is illegal, allowing for an employee to take action against improper firing actions, demotions, shift changes, benefits reductions, or any other act of retaliation that impacts your employment.
A work environment must be from hostile behavior recognized as harassment. A safe work environment provides a written sexual harassment policy, is required by law, and is presented in understandable language.
Filing a report with the human resources division or a supervisor is your right and is recommended. Putting your statement in writing allows proof of the incident in your own words. A company’s policies should outline proper reporting procedures. After a report is filed, an employer is required to act quickly to stop the actions and protect the individual being harassed.
It is your right to discuss what will happen once a complaint is filed. You may also ask who will know about the complaint. The individual accused of harassment will likely be notified and interviewed about the complaint, along with coworkers who may have witnessed the event.
Employees can file a federal complaint with the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH). Even though time limits have been extended in California for reporting actions of sexual harassment, the statute of limitations differs for other agencies.
Employees are allowed to obtain a notice for the right-to-sue in California. Taking this route eliminates the state’s investigation process. Deadlines for filing a lawsuit also apply.
Each employee has the right to speak out against and about the harassment that has occurred. Voicing an opinion against policies that perpetuate harassment can be addressed. Additionally, you have the right to picket or protest against sexual harassment to demand better workplace conditions.
There is more support than ever for individuals who have suffered sexual harassment. The Armstrong Law Firm is a staunch advocate of employees’ rights to a harassment-free environment. Despite these support systems, you can navigate workplace harassment however you feel prepared.
Learn about the intake process and how The Armstrong Law Firm advocates for employees’ rights. We provide honest assessments, respecting your time and privacy. After reviewing our process, feel free to contact us to receive the respect and support you need.
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]]>The post Does My Employer Have to Accommodate Lactation Needs? appeared first on The Armstrong Law Firm.
]]>Under California law, your employer most certainly has to allow for this. If you feel your rights have been violated in this area, we encourage you to contact our employment attorney in Los Angeles for immediate help. We offer consultations with a San Francisco pregnancy discrimination attorney to answer these questions for you at The Armstrong Law Firm.
Lactation accommodation is the right that all nursing mothers have under Labor Code Section 1030. This allows for a reasonable amount of break time to be given to an employee who desires to express breast milk for the child’s needs. Each time the employee needs to express milk, this break must be provided. In addition to this, the break time should run concurrently with any break time already provided to that employee, but if that is not possible, the employee should be given other times to do so.
If an employer does not allow for this, the law states that a denial can result in the recovery of one hour of pay at the employee’s rate of pay for each violation of this.
While this falls under the state’s laws, it is also a federal law that falls under the Fair Labor Standards Act. Most employers are required to follow this act, providing nursing employees with reasonable access to breaks to express breast milk. Under federal law, this can continue for a full year after the birth of the child.
Here are a few specifications you should know about these laws in California:
There are some exemptions to this rule, many of which fall under the size of the employer or in situations where providing such breaks would cause serious disruption to the operations of the business.
Did your employer not accommodate your lactation needs? Learn how we can help you. Contact an employment attorney at The Armstrong Law Firm now to discuss your case and learn more about your rights to file for compensation if those rules were violated.
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]]>The post Is My Non-Compete Clause Valid in California? appeared first on The Armstrong Law Firm.
]]>If you believe your rights are being limited, The Armstrong Law Firm can help. Contact our San Francisco breach of contract attorney for immediate support.
The State of California does not allow employment contracts to include a non-compete clause. This falls under the California Business and Professions Codes. As an employee, this means that the court will not uphold an employment contract that includes any type of restriction on anyone who is engaged in a legal practice or trade within the state.
Such a clause can be detrimental to the overall well-being of the individual. It may limit where you can work and who you can talk to about the work you do.
It is not legal for an employer to demand that an employee sign a non-compete clause as a component of or in addition to their employment contract. If they were to require this, the employer could face steep fines in the amount of $100 per employee per pay period. With numerous employees over a long period of time, this can become a very expensive fine.
If you believe that there is a non-compete clause within your employment contract – no matter the age of that contract – you should contact our employment attorneys for help and guidance. It is possible to seek out compensation for your losses in these situations. This may be possible, for example, if the clause impacted your livelihood, perhaps restricting you from taking on a job that could have bettered your life.
In situations where this can be proven, it may amount to you receiving 25% of the imposed penalty on the employer. That can be a significant amount of money. Keep in mind that you will need to prove that this was in place and that the employer did not remove the clause in subsequent signings of an employment contract as laws in the state changed.
When your rights are violated, you need a trusted attorney by your side to help you. The Armstrong Law Firm is ready to do that. Let us help you navigate your rights and the limitations of non-compete clauses in California, whether they are older or new. We can fight for the compensation you are owed in situations like this. Do not wait to contact us for a free consultation to learn what your rights are.
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]]>The post Are There Protections for LGBTQ+ Employees in California? appeared first on The Armstrong Law Firm.
]]>In every situation, your first step is to reach out to our San Francisco gender discrimination attorney at The Armstrong Law Firm. Let us provide clear guidance on the rights in your specific case.
An employer cannot discriminate against a person for being LGBTQ+ in any way. This falls under the federal Civil Rights Act and the California Fair Employment and Housing Act. Under both of these laws, your employer cannot make any employment-related decisions based on being LGBTQ+. That means they cannot:
Any type of harassment related to this status could be a violation of either of these laws, and that could mean that you have the right to take action.
To be clear, an employer cannot discriminate against you in any way (paying you unfairly, hiring you, denying your benefits, or otherwise) on any grounds of gender identification, gender expression, or sexual orientation. Also notable is that California law also recognizes gender non-conforming and non-binary identities as well as all other gender identities.
There are some scenarios when limitations exist in these areas. For example, there are some religious entities, such as mosques and churches, where employees may be exempt from these laws. Also notable are very small companies that have under five employees, as the laws do not apply to those organizations directly.
In California, the law reads that all employers who provide a health care plan must cover gender-affirming care. This law requires that these types of care needs must be treated in the same way as other medically necessary care provided by the plan.
No, in the state of California, a job applicant’s sexual orientation, gender expression, and gender identity cannot be considered, and therefore, employers may not ask directly or indirectly about it.
Under California law, you have the right to access safe and appropriate facilities, and the employer cannot provide specifications on which restroom you can use.
It can be very difficult for employees to prove that discrimination occurred. However, if you are feeling harassed in any way, we encourage you to reach out to our employment attorney to discuss your case. At The Armstrong Law Firm, we are committed to helping you through this legal matter. Contact us for a consultation now.
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]]>The post Do I Get Paid Sick Leave in San Francisco? appeared first on The Armstrong Law Firm.
]]>If you are facing any type of disciplinary pressure from your employer for missing work because you are ill or you are hoping for compensation and did not get it, contact our legal team. At The Armstrong Law Firm, our San Francisco employment law attorney works to protect your rights to fair employment.
The Paid Sick Leave Ordinance in place in San Francisco is a powerful tool to support employee needs. This law requires employers to provide their employees with paid sick leave if they perform work in the city. Under this law, employees earn 1 hour of paid sick leave for every 30 hours of time they work for the company. It applies to both part-time and full-time employees as well as temporary employees.
Under this law, there is a cap on the number of sick time hours that must be paid. If an employer has under 10 employees, the employer can cap the amount of sick time paid to 40 hours. For those who have 10 or more employees, employers can cap it at 72 hours.
The Paid Sick Leave Ordinance was passed by the city in 2006 and made it the first city in the country to require this employee benefit. The law went into place in February of 2007. It was amended in 2016 through a vote to better align it with the Healthy Workplace, Healthy Families Act of 2014.
This law aims to make it possible for employees to take time off so they can care for their medical needs. If your employer refuses to provide you with paid sick time, they could be in violation of the law, and that could amount to significant fines. This law applies to most businesses that operate in the city or employ people in the city.
If you were not paid for the sick leave you took and you meet all requirements under the city’s law, we want to hear from you. At The Armstrong Law Firm, we strive to provide our clients with exceptional support as they face challenges in the workplace. With over 20 years of experience, we know how to ensure your rights remain protected. We are passionate about helping people and ready to guide you.
Set up a consultation to discuss your case with our team today. Call The Armstrong Law Firm. Your rights are protected. You cannot lose your job by speaking to our attorney about your employment. Call us now to learn how we can guide you.
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]]>The post Can I be Fired for Using Cannabis Off the Clock? appeared first on The Armstrong Law Firm.
]]>How will this new law affect employees who use cannabis off the clock, and can an employer fire a worker for their use? Reviewing each job’s description to understand its classification and if new laws will protect an employee is critical.
On January 1, 2024, AB 2188 will take effect, protecting against discrimination for workers who choose to use cannabis away from the workplace while off duty. There will still be industry workers who are exempt from this protection. The law will provide protection against punishment by employers for workers who:
While protecting workers off the clock for cannabis use, it is vital to point out that this bill does not protect employees:
Employers will still possess the right to enforce a drug-free work environment.
Certain employees will be exempt from the protections offered by this law. Reviewing a job’s requirements ensures that employees are meeting all company standards. If your job does not meet exemption specifications and you are unfairly targeted, it is imperative to seek the help of a Northern California employees’ rights attorney.
Employees in the following fields exempt from the protections of AB 2188(c)(d)(e) include:
This may not be a complete list of employees exempt from protection. However, discrimination is prohibited in the workplace, and wrongful termination should be addressed.
Employers can still require pre-employment drug testing after AB 2188 goes into effect, but employment decisions based on the presence of nonpsychoactive cannabis metabolites will be unlawful. Metabolized THC is stored in the body as nonpsychoactive metabolites. While their presence indicates exposure to cannabis, it does not offer proof of the dose or pattern of use (Clinical Significance) and that an employee is impaired.
Employers seeking to continue using drug tests will now have to access and apply testing that complies with new laws. Urine tests have been standard for drug testing for years, identifying the presence of cannabis in the body for days and sometimes weeks after its use. This test will now be inadequate because it does not indicate impairment.
Compliant drug testing should be in place before January 1, 2024. Employers wishing to use impairment tests may do so. Until this law takes effect, employees may still be fired for failing a drug test in California.
As an employee, individuals have the right to protection against discrimination in the workplace. Speak with a California discrimination attorney if your right to privacy has been violated. The Armstrong Law Firm offers free consultations to explain how we can help you pursue action against an employer for discriminatory practices.
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]]>The post Can I Sue My Employer for Not Using My Preferred Pronouns? appeared first on The Armstrong Law Firm.
]]>Purposefully addressing someone by the incorrect pronoun, particularly in the workplace, is unacceptable. Have you spoken with your boss or employer about your pronoun preference only to be ignored? If so, then you may be dealing with workplace discrimination, and this practice is against the law.
The Fair Employment and Housing Act (FEHA) outlines the basis of discriminatory acts in the workplace. Employers are prevented by law from discriminating against employees based on gender, gender identity, gender expression, sex, and sexual orientation. Choosing to misgender an employee is a form of harassment.
Discrimination in the workplace may look like the following acts:
Discriminatory workplace actions occur daily, and discrimination occurs from base wage jobs to higher-level company positions. It will be up to you to take action.
Taking action against an employer for discriminatory behavior will require a complaint to be filed with the Department of Fair Employment and Housing (DFEH), the state employment agency in charge of addressing employment laws and employment claims. DFEH will investigate the occurrences to determine if an employer violated employment laws. If evidence exists of violations, then DFEH will take action.
Possible outcomes of their investigation can lead to changes in company policies and retraining for an employer with the possibility of monetary recovery for any lost income.
Employees experiencing discrimination also have the right to file a civil lawsuit. Choosing this option still requires the employee to go through DFEH, requesting the right to sue. A knowledgeable Northern California workplace discrimination attorney can build a solid case for a discrimination lawsuit.
One of the most critical factors in establishing any wrongdoing is documentation. Documenting the dates, times, and actions involved in any incidents is imperative. Write down the names of co-workers or other individuals present when the interactions took place because they can corroborate a worker’s account of discrimination practices.
Any emails containing insensitive information or alluding to discrimination in promotional or assignment opportunities should be saved. The stronger the documentation an employee possesses, the more likely it is to prove discrimination.
Contact The Armstrong Law Firm immediately if you are fired for asking an employer to use your correct pronouns. Our team is a leading authority on wrongful termination, and we do not take these incidents lightly.
Discrimination in the workplace is illegal. When employees take action to correct these behaviors and employers fail to change their actions, it is an individual’s right to take legal action. For over two decades, The Armstrong Law Firm has been at the forefront of employment issues in Northern California, fighting aggressively for the rights of all employees and equal treatment. A prompt response can be expected when you contact us about your employment matter for a consultation.
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