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Sexual Harassment in the Workplace and Legal Rights of Employees

1. What is the law on sexual harassment in the workplace?  Under Title VII of the Civil Rights Act of 1964 the Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual harassment is a form of sex discrimination and it includes offensive remarks...

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Employee Tip

Q: When I pay gratuities to my employees, for the amount of gratuities that is paid by credit card, can I deduct credit card processing fees? A: No, an employer cannot deduct credit card processing fees from the amount of gratuities that is paid by credit card to an employee. According to California Labor Code § 351, “an employer that permits...

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#MeToo

Q: How does the recent #MeToo movement affect employers, employees, and victims in the workplace?   A: Due to the recent #MeToo movement, there has been heightened social attention towards sexual harassment issues in the workplace. The victims of sexual harassment have gained massive support to speak up against the harassers and the law is now headed into a new direction. Not...

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Troester v. Starbucks

Question: How should the small tasks before and after clocking in/out be accounted in hourly wages for hourly waged employees? Answer: Simply put, however simple the task, all tasks must be accounted for in the hourly wages for the employees. California Supreme Court heard and decided this issue in Troester v. Starbucks this past July 2018. The employees of a famous coffee...

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Are you Currently Misclassified as an Independent Contractor?

Are you currently misclassified as an independent contractor? If you are being misclassified as an independent contractor, you are losing important benefits and legal protections entitled to you, such as: Meal/rest breaks, medical or maternity leave, unemployment insurance benefits, disability plans. You’re not provided with a guarantee of continuing employment on return from a medical leave. The right applies if...

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How much Parental Leave am I entitled to?

Are you expecting a baby, or is there a sick family member who needs your care? Currently, businesses with 50 or more employees are required to provide up to 12 weeks of unpaid leave under the Family and Medical Leave Act to eligible employees for qualifying events such as childbirth, baby bonding, and caregiving. Federal law requires up to 12 weeks of...

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Dealing with Discrimination at Work

Discrimination at Work Both federal and California laws protect employees from being discriminated at work against their protected characteristics. California is especially protective of employee rights, and employers who willfully discriminate are strictly penalized. Employees are protected by law from discrimination at work against their ethnicity, religion, skin color, nationality, heritage, physical disability, mental disability, medical condition, marital status, sex, age,...

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What should I do when I get into a Car Accident?

WHAT SHOULD I DO WHEN I GET INTO A CAR ACCIDENT? We keep our guards up to prevent accidents, but unforeseen accidents do occur in our lives. Accidents of various degrees can cause injuries that lead to physical disability and loss of employment. When accidents occur, it is important that we have a proper plan to deal with the aftermath. It requires...

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