BEVERLY HILLS EMPLOYMENT ATTORNEYS PROVIDE LEGAL ANSWERS
Employment rights was founded on the principle of personalization of each case while providing honest answers. We know that people involved in employment law cases have many questions. For that reason, we offer answers to some frequently asked questions below to help you understand your case. We encourage you to read through the following information to help you gain a clearer view of the bigger picture. For further information and more personalized answers to your specific questions, speak with one of our Beverly Hills employment attorneys. Use the general questions and answers below to develop a foundation for your case and then get in contact with a member of our firm.
When is harassment illegal?
Harassment is illegal when it is founded on a protected characteristic of the employee. Some of the protected characteristics include age, race, nationality, sex, disability, or religion. Harassment must be pervasive for it to be considered a violation of the law. The law guards employees against abuse or hostility based on their membership in a protected group.
When is an employee’s work compensable under the age and hour law?
Under the wage and hour laws, any work that an employer performs is considered compensable. If an employee performs work that is done outside of his or her normal hours, the employer must compensate the individual for the time spent performing this work. The employer is permitted to discipline the employee for unauthorized work, but the employee must be compensated.
Do employers have limits as to why they can fire an employee? Employers cannot fire employees for discriminatory reasons, such as age, gender, or race. Neither can an employee be fired for performing a protected activity, such as complaining of harassment or discrimination. If an employer fires an employee based on the filing of a workers’ compensation claim or filing a lawsuit against the employer, it will be considered wrongful termination.
What is covered under the Family and Medical Leave Act?
Under the Federal and Medical Leave Act (FMLA), California employers will need to comply with the act if the company has at least 50 employees for a minimum of 20 weeks in the current or past year. People who are covered include employees who have worked for the company for a minimum of a year and have worked at least 1,250 hours during the past year.
What is a “whistleblower?”
Under California law, a “whistleblower” is an individual who threatens to make public or does make public the illegal activities of an employer or supervisor. A whistleblower also can bring to light illegal actions taken by their employer to retaliate, harass, or discriminate against an employee.
What connotes “sexual harassment?”
Under the Fair Employment and Housing Act (FEHA), sexual harassment includes unwanted sexual advances, offering of employment benefits for sexual favors, physical conduct, verbal conduct, and other sexually abusive behaviors. All harassment that is based on the desire to stimulate or gratify sexual urges within the workplace is considered sexual harassment.
How am I protected if I file a retaliation complaint?
If you are an employee in California, you are given the right to speak to representatives of the California Labor Commissioner or another government agency about the issues within your workplace. You are protected under the law from being fired, demoted, or even disciplined by your employer for providing information to a government agency. If you believe you were retaliated against by your employer, it is important to take legal action and ensure that your employee rights are protected.
Is there a time period for filing a discrimination complaint in California?
You must file a discrimination or retaliation complaint within six months after the date of the occurrence. There are a few exceptions to this rule, such as complaints filed under Labor Code Â§ 230(c) and Â§ 230.1. You must take immediate action if you are the victim of harassment, discrimination or retaliation.
DO YOU HAVE FURTHER QUESTIONS?
At employmentlawfirmca.com we do what it takes to help our clients fully know what to expect from their case. With an understanding that no two cases are alike, we are sure that you have further inquiries that need to be explained. We can use our education and vast experience to help you gain strong insight into your case. You can use the talent we offer to build a case that is aimed at effectively resolving the issue at hand. Rather than handling it on your own, get the answers you need by contacting us today!