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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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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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