Archive for the ‘Discrimination, Harassment & Retaliation’ Category
PRIVATE OR SOCIAL?
Employee Privacy on Social Media California law prohibits employer access to the personal social media accounts of its employees. “Social media” is defined as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet […]
DRESS FOR SUCCESS
HOW TO ADDRESS THE EMPLOYEE DRESS CODE A well-written dress code and personal appearances policy clearly instructs employees on what type of business attire the company finds appropriate. Depending on the nature of the business enterprise or industry, employers may require employees to wear formal business attire every day. Some implement a more casual dress […]
WHEN IMAGE IS THE THING
Required Uniforms are Employer’s Responsibility Under California Labor Code section 452, employers may require workers to wear uniforms of a specified color, quality, texture, style and form so long as the employer provides and maintains them. See, Dress to Impress (July, 2011). Unless the clothing is commonly worn within a particular occupation and can be […]
PAST PAY IS PASSÉ
California’s Ban Clarified On Applicant Salary History Intended to eliminate traditional disparities in pay levels for the same or similar work, new California Labor Code section 432.3 prohibits employers from seeking an applicant’s salary history. See, What’s New 2018 – Salary History (December 2017). On the other hand, such employers must disclose a job position’s […]
KNOWLEDGE IS POWER
Changes to California’s Mandatory Workplace Notice and Pamphlet on State Benefit Programs California employers must conspicuously display required labor posters or notices where all employees may view them in each company location. The posters cover a broad array of topics including minimum wage requirements, safety and health requirements, workers’ compensation information, and whistleblowing protection. California […]
PLEASE STANDBY
When Employees Earn On-Call Pay Some employers require workers to remain “on-call” or on “standby” outside scheduled hours, either at the worksite or off the premises. Depending on the circumstances, a company may be required to pay an hourly employee for on-call time, including all resultant overtime at the correct overtime rate. See The Basics […]
WAKE UP CALL
Call Center Accused of Ignoring Sexual Harassment Complaints Settles Suit for $3.5 Million The U.S. Equal Employment Opportunity Commission (EEOC) has announced court approval of a $3.5 million payment to resolve a sexual harassment lawsuit against Irvine, California employer Alorica, Inc., a call center and technology services business. The government alleged the company had condoned […]
ADDITIONAL PROTECTION FROM SERIAL HARASSERS
California Employers May Disclose Sexual Harassment Allegations to Prospective Employers Defamation refers to the laws that make someone accountable for harming another’s reputation through the spread of falsehoods either verbally (slander) or in writing (libel). Alleged sexual harassers have sued employers and sometimes victims for defamation in connection with statements made in a sexual harassment complaint […]
OH NO YOU DIDN’T!
What to Do When an Employee Refuses to Sign a Disciplinary Notice Businesses must discipline their employees fairly and consistently in accordance with company policy. An employer should keep proper records of poor performance and misconduct in the worker’s personnel file, including text messages, emails, and formal warnings, along with documentation of the employer’s attempt […]
CAUTIONARY TALES EPISODE 10
$10 Million in Citations Against Seven Restaurants For Wage Violations On June 7, 2018, the California Labor Commissioner announced citations totaling $10 million against seven San Francisco bay area restaurants that failed to pay proper wages to a total of 431 workers. Citations against Kome Japanese Seafood & Buffet in Daly City exceeded $5.16 million […]