PRACTICE AREAS
Proper application of California’s various wage and hour laws is a common problem faced by California Employees - particularly those who work by the hour. Here are a few areas of wage and hour law California Employees often suffer from:
Overtime
Meal and Rest Breaks
Split Shifts
On Call Time
Onsite Residential Manager
Exempt vs Non-Exempt (Misclassification)
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It is illegal to discriminate against an individual because of their race, nationality, or ancestry. While these three all fall under the umbrella of discrimination they are 3 separate and distinct areas of law. Here are a few examples:
Blatant or subtle racial discrimination
Failure to provide equal pay or opportunities based on race
Steering employees in to certain jobs because of race, nationality, or ancestry
Disparate treatment - treating one race, nationality or ancestry different than another
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While California is an “At Will” State - meaning an employer can usually terminate employment for any or no reason at all - there are certain situations when the law determines a termination is illegal:
If Race/Gender/Pregnancy/Disability or other protected class was a motivating factor in the decision to terminate
If the employee engaged in a “protected activity” such as complaining about not being paid properly, a safety hazard, or some other illegal activity.
If the termination was because employee requested or took leave under the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or the American with Disabilities Act (ADA).
If the termination was because the employee requested to be paid properly including overtime and breaks
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California state law provides California employees with many protections when it comes to caring for themselves or a member of their family with a serious health condition. This could mean providing protected leave for an employee or an adjusted work schedule to accommodate the employees needs.
Failure to provide accommodations
Failure to engage in an interactive process
Failure to allow employee to take leave
Failure to hire or promote employee because of their disability
Termination after taking leave
Not allowing an employee to return to work with accommodations.
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Its is illegal to treat an employee differently because of their sex and/or gender. Here are a few examples of sex and gender discrimination
Sexual Harassment
Hostile Work Environment
Equal Pay Disparities
Steering
Gender-Based Harassment or Discrimination
Sex Stereotypes
Pregnancy Discrimination
Lactation Related Regulations
Quid Pro Quo
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California law provides rights to members of the LGBTQ community. This is a currently evolving area of law and is constantly changing - usually in favor of employees. Here are some areas that are afforded protection:
Sexual orientation: An inherent or immutable enduring emotional, romantic or sexual attraction to other people.
Gender identity: A person's innermost concept of self as male, female, a blend of both or neither.
Gender expression: A person's external appearance of gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors typically associated with being either masculine or feminine
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