In California, there are typically two types of sexual harassment claims. The first is commonly referred to as “Hostile Work Environment Sexual Harassment.” The second is commonly referred to as “Quid Pro Quo Sexual Harassment.
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Wrongful Termination in violation of public policy is a tort claim that an employee may bring against their former employer when the termination violates a fundamental public policy. This law protects employees from terminations that violate...
In California, under the Fair Employment and Housing Act, employers with five or more employees can't fire or mistreat workers because of a disability, unless the worker can't perform essential job duties even with accommodation...
Pregnancy discrimination is typically a form of disability, sex, and gender discrimination when an employee experiences a pregnancy-related disability. Common examples of pregnancy discrimination may include termination or forced leave of...
Under the Fair Employment and Housing Act, employers with five or more employees can't fire or mistreat workers because of their age being 40 years or older. An employer has the duty to ensure that opportunities are based on abilities and not...
Pursuant to California law, there are generally four distinct types of whistleblower retaliation claims: (1) Whistleblower Retaliation (Labor Code 1102.5); (2) FEHA, CFRA, FMLA Retaliation; (3) Wage Complaint Retaliation...
Pursuant to the California Labor Code, a non-exempt employee is entitled to overtime pay of 1.5x their regular hourly rate for all time worked over 8 hours in a single workday or for all time worked over 40 hours in a workweek. Further,...
There are generally three types of “white collar” exemptions under the California Labor Code and Wage Orders: the Administrative Exemption, the Professional Exemption, and the Executive Exemption. Each exemption has narrow duties...
Pursuant to the Labor Code, a worker is automatically presumed to be an employee unless the employer can prove that the worker was properly classified as an independent...
Under the Fair Employment and Housing Act, it is unlawful for an employer to refuse to hire, terminate, or discriminate against a worker in compensation or terms, conditions, and privileges of employment because of the worker’s race,...
Under the Fair Employment and Housing Act, employers can’t discriminate against workers due to their sex, gender, gender identity, gender expression, or sexual orientation. It is unlawful for an employer to refuse to hire, terminate, or discriminate...
An employer has the legal duty to provide a minimum of 12 workweeks of job protected leave (meaning they cannot terminate your employment) for the purpose of a worker to care for their children, parents (including in-laws), spouses,..
Pursuant to the California Labor Code, non-exempt employees are entitled to a 10-minute uninterrupted rest period free from the duties of work for every four hours or major fraction thereof of work. If an employee works over 3 ½ hours, they...
In California, if an employee has been terminated from their employment, they may be entitled to unemployment insurance benefits. A claimant for unemployment benefits is unqualified if they voluntarily resigned from their employment or if they...
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