When you work, you should have a reasonable expectation that you are safe from violence and harm. Unfortunately, workplace violence is very real and needs to be taken seriously. In fact, employers have a duty under federal and state laws to maintain a safe workplace. In California, the legislature has implemented two major acts to specifically address workplace violence.
Workplace Violence
Family Members and Employment
What is "Piece-Rate" Compensation?
Can My Employer Make Me Sign An "Independent Contractor" Agreement?
New Family Leave Protections
Disabilities and the Workplace
Understanding Worker's Compensation
When Your Work Involves Travel Time
You work with the expectation that you will be paid by your employer. That's the deal, right? Otherwise, you are just volunteering. Unfortunately, there are some scenarios where you and your employer may not see eye-to-eye as to what constitutes work time. This can arise for employees who have to travel as part of their job, where an employer believes that you are traveling on your own time, while you believe that the opposite is true. Fortunately, you have legal rights which protect you.
Permissible Wage Deductions
Federal and California laws combine to protect employees from the most extreme types of employer misconduct. High up on the list of misconduct is unlawful wage deductions. You work hard for your money, and under the clearest of laws, the money you earn belongs to you. It is therefore important to understand the circumstances in which an employer can deduct from your wages, and when you should ask questions.
Does My Employer Have to Offer Health Insurance?
In 2010, the Affordable Care Act (ACA), also referred to as "Obamacare", was signed into law. To put it bluntly, the law is controversial and polarizing, and politicians across the country have been elected to office by riding the currents of anti-ACA sentiment.
Dress Codes and Uniforms
We live in a free country. Right? We value our individuality and the rights to express ourselves. This includes choosing how we dress, whether we have beards, and how we wear our hair. Unfortunately, this freedom does not always extend into the workplace, where we are often made to adhere to dress codes or to wear uniforms. A logical question, then, is whether employers act lawfully when they do this?
How Labor Laws Treat Bonuses in California
Bonuses are important to us. Whether these are bonuses that we make for hitting a sales quota, or a nice check that we receive at Christmas, we rely on this money to make ends meet. This is why it is important to understand how bonuses work in California and your legal rights when it comes to bonuses.
Inspecting Your Personnel Files
Whether you feel like you have continuously been passed over for promotions, that your employer has made unlawful decisions about you, or out of sheer curiosity, there are many reasons to want to look at your employee personnel file. After all, you work hard and your professional reputation is important to you. Under California law, you have a right to your records.
Your Holiday Rights
The holiday season is officially upon us. Thanksgiving, Hanukkah, Christmas, New Year's Day. What this means is excessive shopping, family gatherings, parties, and eating way too much. It also means arranging your work schedules to accommodate the holidays. In the midst of the seasons, you should be aware of your holiday rights as employees in California.
Employer Age Discrimination
In the workplace, older employees deserve to be valued and respected based upon their years of hard work, insight, and valuable experience. Unfortunately, what older employees and job applicants actually go through can be cruel, as some employers choose young job applicants over older ones, promote younger employees, and "encourage" employees to retire early.
Do I Qualify for Unemployment Benefits?
Unemployment is terrible. We all want to work, but the prospect of losing our jobs is terrifying. This is because we all have bills to pay and mouths to feed. If you lose your job, one of the first questions that must come to mind is how you are going to make ends meet. Fortunately for some, unemployment insurance benefits may be available to brace some of the financial impact of unemployment.
Your Right to a Safe Workplace
As an employee in the state of California, you have many legal rights and protections. One of these rights includes the right to a safe workplace. The California Labor Code Section 6400, which governs workplace safety, states that "Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein."
Addressing Sexual Harassment in the Workplace
The recent downfall of the once-powerful Harvey Weinstein has brought about a national conversation about sexual harassment and a "Me Too" movement of awareness with many women acknowledging that they too have been harassed. As employees in California, it is now relevant and critical for you to understand how sexual harassment laws work to protect you in this state.
Understanding the Computer Professional Exemption
Federal and state laws offer broad protections for employees. Generally, employees are entitled to minimum wage and overtime pay under the Federal Fair Labor Standards Act and the California Labor Code. There are several exceptions to these rules, which include several classes of exempt employees. California Labor Code 515.5 provides that computer software employees who meet a certain set of criteria are classified as exempt.
The FMLA and California Employees
The Family and Medical Leave Act (FMLA) is a Federal law that protects employees and provides for unpaid leave due to qualified family or medical reasons. Based off of President Bill Clinton's initiative, the FMLA was enacted in 1993 partially in response to a growing number of women in the workforce and an underlying belief that people