Employers have a duty to prevent and remedy toxic work environments, which are workplaces where harassment and inappropriate behavior run rampant, distracting victims from doing their jobs. What is an Illegal Toxic Work Environment? There is no legal claim for “toxic” work environments. However, state and federal law prohibit...
The California Fair Employment and Housing Act prohibits workplace discrimination or harassment based on actual or perceived ancestry, age (40+), color, disability, genetic information, gender identity or expression, marital status, medical condition, military or veteran status, national origin, race, religion, sex/gender, and sexual orientation. Most people know that blatant...
Title VII of the Federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act makes it illegal for employers to fail to prevent or remediate work-related sexual harassment regardless of where the harassment occurs. That means you may report coworkers’ sexual harassment that occurs inside...
People experiencing discrimination in the workplace are often isolated in a way that makes it difficult to understand exactly how they are being disadvantaged. Being excluded from workplace events and activities is a perfect example of this subtle discrimination. If you are repeatedly denied the opportunity to attend certain work or social events...
Diving into the complexities of employment discrimination lawsuits reveals a landscape of varied outcomes and substantial awards, shaped by nuanced legal strategies. Key Takeaways At King & Siegel LLP, we have helped hundreds of workers hold employers accountable through legal actions. If you believe you’ve been discriminated against at work,...
People often want to understand the rules regarding “classification” of employees. These rules determine whether you are subject to the employment laws, whether you are entitled to overtime, and whether you are entitled to meal and rest periods, among other things. You can be misclassified in several ways. First,...
What is the Difference Between an Exempt and Non-Exempt Employee? An exempt employee is type of employee that is exempt from many of California’s pro-worker laws, including the right to a minimum wage, the right to overtime pay, and the right to paid rest periods and unpaid meal breaks....
Exempt employees usually hold administrative, professional, or executive positions. They’re “exempt” from overtime regulations under the Fair Labor Standards Act (FLSA) and California law, so they are not entitled to overtime pay. Non-exempt employees are typically paid hourly and perform more manual or technical duties. What is the Difference...
Under state and federal law, non-exempt workers must be paid a minimum wage for all hours worked. California has enacted one of the country’s highest minimum wages, which will eventually hit $15 an hour for the majority of the State’s employees. In California, under nearly all circumstances, you must...
We often hear from temporary workers who believe they have fewer rights because they are hired indirectly through an agency. Fortunately, this is wrong. Temporary workers are generally entitled to the same legal protections as other workers, including the right to fair wages and overtime pay, and protection from...