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Big changes have arrived in the state of California in the new year, many of which will have a direct impact on employers and their employees. employment laws

The San Francisco Chronicle recently documented a run-down of the biggest additions to state law and how they will change life in California in 2018 and beyond.

The list included everything from the new recreational cannabis laws, protections for women in the workplace, as well as employee rights for criminals.

While some of these changes have obvious and direct effects on the workplace, others are less clear, particularly the legalization of recreational marijuana, which quickly has turned into one of the biggest stories of the year. Continue Reading ›

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Last year, the California Department of Fair Employment and Housing put in place new regulations to protect employees from discrimination for gender transgender discriminationidentity and gender expression in the workplace, as outlined in the CA Code of Regulations, Title 2, sections 11030, 11031, and 11034. We are proud that California has always been on the forefront of such protections and our legal team continues to push for rights of groups vulnerable to workplace discrimination.

However, we know many people throughout the country remain a target for gender expression discrimination.

The attention of the nation is currently on Wal-Mart Stores Inc., which recently was sued by a transgender woman, who alleges she was fired after complaining to management about harassment she said she experienced on the job. She also filed charges with the U.S. Equal Employment Opportunity Commission.

According to an article from Reuters, plaintiff worked for 11 years at a Sam’s Club (owned by Wal-Mart) in North Carolina. She claims to have endured harassment in her supervisor position in the company, alleging employees called her numerous slurs and her boss made unwanted physical advances. She alleges she was fired in 2015 after she complained about the hostile work environment, which she said had been escalating for a number of years since she began her female gender expression in 2008. Continue Reading ›

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With the recent onslaught of sexual harassment and assault accusations across the country, ranging from Hollywood elite to politiciansLos Angeles Sexual Harassment Attorneys to top executives, awareness and reporting of incidents is at an all-time high.

While this has caused shock waves across many industries, it is also encouraging women to speak up about inappropriate behavior in the workplace, which is important as historically such actions are grossly underreported. It also is forcing employers to self-examine policies and accountability to prevent future incidents, which can only be a positive move.

One of the latest companies to come under scrutiny is Vice Media. An investigation by the New York Times revealed four settlements in the past ten years connected to sexual harassment at the company. Continue Reading ›

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It may be a brave new world when it comes to technology and communications, but some companies might be up to the same old tricks when it comes to ageemplyment age discrimination discrimination.

According to an investigation by ProPublica and The New York Times, dozens of top U.S. employers have been restricting the age group that can see recruitment ads posted on Facebook. These employers include business giants Verizon, Target, Goldman Sachs, Amazon, UPS, State Farm, and even Facebook.

These ads have spurred a class-action complaint recently filed in the United States District Court for the Northern District of California on behalf of the Communications Workers of America. Also included in the plaintiffs are all Facebook users 40 years of age and older, who might have lost job opportunities due to advertising restrictions based on age.

Facebook allows options to target specific demographics so advertisements can reach the most relevant audience possible. Filters include location, interests, sex, and age. Ads cost more the broader the audience and the more people they reach, so it benefits an advertiser to find a very specific niche.

This is fantastic for a retailer selling men’s tennis shoes or a community promoting a local seniors’ retreat. But it might spell big trouble for employers who use these restrictions to limit the age of the audience that can see job ads posted on the platform. Continue Reading ›

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This past year has proven that even highly respected institutions are not immune from perpetuating gender discrimination in the workplace. workplace gender discrimination

This particular conflict began with three lawsuits in the Superior Court of California County of San Diego separately filed last summer by female professors at the Salk Institute for Biological Studies in La Jolla, California. Plaintiffs describe alleged systemic discrimination against women in the areas of pay, job promotions and access to opportunities.

These lawsuits have led to a professor at the institute being put on temporary leave of his job as editor of the renowned Proceedings of the National Academy of Sciences journal as of Jan. 1. He was asked to step aside by the NAS Council.

The professor was named in one of the lawsuits (Lunblad v. Salk Institute for Biological Studies) as someone at Salk who made it challenging for women to succeed. For his part, he has denied culpability and says the lawsuits have nothing to do with his work at the journal, according to an article from The San Diego Union Tribune. Continue Reading ›

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The current movement of women challenging the status quo and dragging sexual harassment into the spotlight famously started in sexual harassment lawyers in Orange CountyCalifornia with accusations against top Hollywood producer Harvey Weinstein. These revelations have caused a ripple effect, not only through Hollywood, but across the country in all industries.

Recently California has become the center of discussion once again, with state Democrats coming under fire amidst a storm of sexual harassment allegations and rallying cries among party members for internal investigations and accountability, according to an article from Politico.

While evidence of wrongdoing has led to public hearings, the hiring of two law firms to investigate accusations, and the resignation of two state assemblymen (with more under investigation), it also has caused turmoil among the party. Democrats in California will lose their Assembly supermajority temporarily this year due to the resignations, and while those seats are expected to go to new Democrats, all eyes are on the 2018 elections and how this will affect the state legislature’s future.

Some party members are quick to point out the good some of the accused have done for women’s rights through policy and advocacy, while others are adamant it is time to clean house and make a loud and clear statement that there is no room for sexual harassers and assailants among the state’s top leadership. Continue Reading ›

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For many California residents, employment discrimination is an all too common part of life, with experiences ranging from subtle biases to outright threats, violence or loss of opportunities to advance.Employment Dsicrimination Lawyers

Certain groups receive the brunt of this treatment more than others: Women, the elderly, people of color, LGBTQ community members, those from certain foreign nations or followers of some religions. But the discrimination compounds for people who fit more than one of these categories. This inter-sectional discrimination can be seen in particular among people in a racial minority group as well as the LGBTQ community.

According to a recent poll by the Harvard T.H. Chan School of Public Health, NPR, and the Robert Wood Johnson Foundation, people of color said they had been discriminated against at twice the rate as white respondents for being LGBTQ when applying for jobs, as well as in police interactions. Continue Reading ›

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“Gig” employment, also known as the, “sharing economy,” has exploded across the country, with increasingly more services following in the footsteps of the likes of Uber and Grubhub. These businesses often use appsCalifornia Employment Attorney to connect workers with customers for one-time services. These companies amass an eager base of workers who sign up for shifts as able, delivering groceries, transporting passengers, and more.

Many workers view gig employment as a flexible and easy way to earn extra money, while employers view it as a cheap way to staff a robust labor pool.

However this dynamic has led to a growing number of employee misclassification lawsuits as the debate comes to a boil as to whether these workers are independent contactors or employees (with all the rights that employees receive). Continue Reading ›

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The increase of the presence of the marijuana industry in California and states around the country has boosted economies and bolstered tax revenues. The potential for big profits has caused dispensaries and other marijuana-related businesses to pop up everywhere it has become legal.sexual harassment

This surge of new businesses has some potentially negative ramifications, though, mostly in regards to proper employee relations and the potential for more sexual harassment incidents.

According to a survey by New Frontier Data, 27 percent of people surveyed said they have witnessed sexual harassment in some way in the cannabis industry. And 18% said they had personally experienced harassment. Further, a third of respondents said that they knew someone who had been sexually harassed in the industry. Continue Reading ›

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California is an at-will employment state, which means employees can be fired for any reason and with no warning. There are however some exceptions to the rule that would categorize such dismissals as a wrongful termination.wrongful termination

Some examples include if there was an agreement that required good cause for termination or if there was discrimination against a protected class. According to the California Labor Code Section 1102.5, an employer is also forbidden from firing an employee for refusing to commit an illegal act. Likewise, it is illegal for an employer to retaliate against an employee by terminating them for reporting such illegal activities. Such exceptions are essential to maintain laws and to protect whistleblowers who risk their livelihoods to come forward.

Whistleblower retaliation can be difficult to prove without proper guidance. If this sounds like something you have experienced on the job, it is important to seek assistance from a knowledgeable employment attorney who can counsel you on your rights and if there is a case for a lawsuit. Continue Reading ›

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