Los Angeles Employment Law Blog

There are dozens of myths surrounding sexual harassment, but it is wise that people understand the reality. Sexual harassment can and does happen in workplaces. It doesn't only affect women, and it isn't as uncommon as some people may believe.

Here are three myths about sexual harassment you should understand. If you are sexually harassed on the job, understanding these facts can make it easier to recognize.

In most Family Medical Leave Act (FMLA) claims, employees sue their employers due to a denial of leave or for being wrongfully terminated for taking FMLA leave. However, in one recent lawsuit, the employee had a different kind of concern — privacy.

The FMLA allows employers to surveil employees whom they suspect are abusing their leave, but in this case, the employer went too far.

Not so long ago, workers in the United States were subjected to long hours with very little pay, and they didn't have much choice in the matter if they wanted to feed their families. These days, the rules are different. In the state of California, employers must pay their employees at least a minimum wage, and they must also pay overtime if the employee works over a certain number of hours in one day, or over a certain number of hours in one week.

Here's how the overtime rules in California work:

• Nonexempt employees shall not work over eight hours in one day, nor over 40 hours in one week unless they receive one and a half times their regular rates of pay for the extra hours worked. This applies up to the completion of the 12th hour in one day and up to the completion of the eighth hour on the seventh consecutive day.
• Following the 12th hour of work in one day, and following the eighth hour of work on the seventh consecutive day, the employee will receive double the usual rate of pay.

Women are protected against pregnancy discrimination in California workplaces. This means that if you get pregnant, you don't have to fear for your job, and you don't have to put up with any kind of harassing comments.

Here are a few comments you should never have to endure as a pregnant woman in California:

• You need to have a doctor's note in order to keep performing your job duties. It is unlawful to tell a pregnant woman that she can no longer perform her job duties. If there is a question as to a woman's ability to continue to safely perform her job, she must undergo the same kinds of abilities tests as other nonpregnant employees. An employee cannot be told to stop performing her job duties based on pregnancy status alone.
• You can't leave early to go to doctor's appointments. A woman who is pregnant receives the same rights and privileges of every other employee who requires medical care for non-pregnancy purposes. An employer must allow employees to go to the doctor when needed, no matter what their health circumstances happen to be. A pregnant woman who ignores her employer's refusal to let her leave early and leaves anyway will be protected from being fired and from other forms of retaliation.
• You can't have more than your usual number of bathroom breaks. A pregnant woman must be given certain types of reasonable accommodations, such as being able to go to the bathroom when needed.