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January 2015 Archives

When is a California employer required to pay overtime?

Los Angeles workers who are not exempt from receiving added pay for extra work are entitled to overtime. Federal and state rules dictate whether a worker is classified as exempt or nonexempt from overtime. An employer's failure to pay overtime can be challenged through the state Division of Labor Standards Enforcement, a legal action in civil court or both.

What defines a hostile work environment?

While you may hate your job, and dislike some of the people that you work with, that doesn't necessarily equate to a "hostile work environment." In fact, even if you are the victim of sexual harassment, but it is an isolated incident within your workplace, it may not mean that your place of employment is a hostile work environment.

CenCal Saleswoman Wins Sexual Harassment, Retaliation Lawsuit

A jury awarded $1.2 million to Julie Fagundes, a former saleswoman for CenCal Beverage Company in Ceres. According to her lawsuit, Fagundes was sexually harassed in the workplace and despite complaining about the treatment, her supervisors did nothing to stop the unwelcome attention. Coworkers and supervisors called her names, groped her and subjected her to pornography.

Serious Wrongful Termination Claim Filed Against Largest Auto Retailer

The country's largest auto dealer, AutoNation, has been sued by two employees for a number of claims including wrongful termination, sexual harassment, retaliation, unfair business practices and wage and hour violations. Two men were fired from AutoNation for allegedly not participating in trips to the strip club, illicit drug use and other inappropriate acts.

Can an Employee Be Fired While on Medical Leave in California?

Many individuals have to take time off work due to an illness or medical condition. Employees are entitled to medical leave under the Family and Medical Leave Act (FMLA). In California, employees are also entitled to leave for a serious health condition under the California Family Rights Act (CFRA). Due to the current economy and uncertain job security, many workers question if they will have a job when they come back from leave, or if they should risk taking medical leave at all. Some employees worry that they will be fired while on medical leave.

Police officer sues for wrongful termination

Everyone has the right to work his or her job, regardless of industry or employer, without the fear of wrongful termination. Unfortunately, this is still a problem in today's day and age. It is not uncommon for somebody to be terminated from their position for all the wrong reasons.

Return dates can affect family and medical leave

Employees need to take family and medical leave for a variety of reasons. A father may need time to bond with a newborn baby daughter, or a mother may need time to take care of a sick son. Everyone who feels that they may need to take leave for some reason should become familiar with the laws and rules that govern the taking of leave. That way, they can make sure that they don't make mistakes that can jeopardize their time off.

Hostile Work Environment At L.A. Community Development Program

Ninoos Benjamin immigrated to the United States from Iran and considers himself Assyrian. But in a Los Angeles city department where African Americans have been pitted against Latinos for promotions, new hires and job perks, he was told to choose a side. "You are either with us or against us," Benjamin claims he was told by an assistant general manager in a harassment lawsuit he filed earlier this week against the City of L.A.

Mediator assigned in Family and Medical Leave Act lawsuit

Employees and employers may disagree about a whole range of issues that affect them in different ways. One of those issues is about taking leave. In some cases, employees may want to take leave, and their employers might deny them the right to or give them less than they should get. In other cases, employers might make their employees go on leave when the employees doesn't want to go or not keep their job for them. The latter is what allegedly happened to a school district employee.

How long do I have to file a whistleblower retaliation complaint?

Whistleblower lawsuits sometimes result in retaliation from the whistleblower's employer, even though such actions are specifically against the law. If you have been the target of such retaliation, did you know there is a certain number of days in which you have to file a complaint?

Is California an at-will employment state?

Many employers tell workers why they are being let go, just as many employees still include reasons for leaving in resignation letters. Labor laws in California and many other states permit employment "at-will," which means reasons aren't mandatory when a worker quits or an employer ends the relationship.

Kaiser Sued For Violating FMLA Leave Protections

A nurse formerly employed by Kaiser Permanente Medical Group is suing the California system for discrimination and retaliation for taking protected medical leave. Kirandeep Kaur had taken approved time off to help her mother recover from hip replacement surgery -leave that is protected under both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

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