Archive for the ‘Discrimination, Harassment & Retaliation’ Category
NATIONAL ORIGIN DISCRIMINATION CLARIFIED
New California Regulations Take Effect July 1, 2018 California law prohibits discrimination against employees and applicants for their membership in any protected class, including national origin. The California Fair Employment and Housing Council (FEHC), which enacts regulations to protect employees and job candidates from unlawful discrimination, harassment and retaliation, recently issued greater national origin protections. Effective […]
MAN’S BEST FRIEND
How to Handle Customers’ Service Animals On Tuesday afternoon a customer walks in your restaurant with his giant Deerhound and starts ordering lunch for both of them. The waitress, surprised and unsure about this arrangement, asks her supervisor if the customer needs to leave because of the “no pets allowed” policy. May the supervisor promptly […]
CAN I BRING MY MONKEY TO WORK?
How to Handle Assistive Animals in the Workplace Upon arriving to work on Monday morning your customer service manager asks if she can bring her monkey to the office. Must management grant her request? It depends. If she needs the monkey to reasonably accommodate her disability, then the employer will most likely have to grant […]
DON’T FLUNK THE REASONABLE ACCOMMODATION TEST
Compton School District Failed to Accommodate Disabled Teacher The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process” with a worker requesting accommodation of a disability. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably […]
CORRECT PAY STUBS SAVE BUCKS
Learn California’s Specific Pay Stub Requirements to Avoid Penalties Attorneys for employees alleging underpayment or other wage irregularities will regularly add a pay stub violation claim to the mix. By definition, if an employer has erred in wage calculations, it has messed up the earnings statements. California law on the specific information that must be […]
FOR WHOM THE PHONE RINGS
Anti-Harassment Agency Randomly Surveys California Employers On April 10, 2018, California’s Department of Fair Employment and Housing (DFEH) Task Force on the Prevention of Sexual Harassment in the Workplace (The Task Force) announced that it will telephonically interview randomly-selected California employers on their anti-harassment policies including employer-sponsored training and other anti-harassment complaint procedures. Formed in […]
BETWEEN A ROCK AND A HARD PLACE
When It’s Time to Call Your Lawyer No-one likes lawyers … until you need one. Experienced and knowledgeable business managers are usually capable of handling basic employment issues. Yet, laws governing the workplace tend to change frequently and companies can face formal complaints, liabilities and large attorney bills if significant employee disputes or decisions are […]
THE BASICS OF OVERTIME
Five Rules for California California law requires most non-exempt employees to receive overtime pay for time worked beyond forty hours in any one workweek or after eight hours in one workday. A workweek is any seven consecutive days, starting with the same calendar day each week beginning at any hour, so long as the cycle […]
EMPLOYEE TERMINATIONS
Firing Low-Performing Workers While Limiting Repercussions Mary manages a customer service department in a large company. Other employees and customers have complained about Brad, one of the employees Mary supervises. Most of Brad’s co-workers handle calls without requiring assistance. Yet, for a few months now, as many as 20% of Brad’s calls have had to […]
GENDER DESIGNATIONS IN THE WORKPLACE
“Non-binary” will Join “He” and “She” in California California law prohibits discrimination against employees for their membership in any protected class. This includes gender identity, defined as “each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male […]