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California Laws Against Harassment at Work
California Constitution Article 1, Section 8
The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and national and ethnic origin.
Harassment – What Damages May an Employee Be Able to Recover?
An employee who is subjected to unlawful harassment is entitled to recover damages under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.
Independent Contractor or Employee?
Are You Really an Independent Contractor?
Employer’s regularly violate California law by categorizing individuals who work for them as independent contractors when in actuality, the individuals are employees. Such misclassification is a violation of the law and a misclassified individual can recover significant damages from his or her employer.
On-Duty Meal Periods – Are They Legal?
Generally, an employer cannot employ a non-exempt employee for a period of more than five hours without providing that employee an off-duty meal period of at least thirty minutes.
Vacation Pay — What To Know
Under California law, employees have no legal right to vacation pay. As such, employers do not have to provide their employees with any vacation pay.
While employers do not have to provide their employees with vacation pay, it is standard practice for employers to do so. Employers often grant employees vacation pay by way of the employer’s policies and practices, an employee’s employment contract, or a collective bargaining agreement.
Sexual Harassment – Hostile Work Environment Harassment
The California Supreme Court has defined “harassment” as “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives.”
Sexual Harassment – Quid Pro Quo Harassment
Sexual harassment can take the form of an economic “quid pro quo,” that is where an employee’s engagement or non-engagement in sexual behavior is linked to the granting or denial of a tangible job benefit.
Age Discrimination: What Does an Employee Need to Show?
California’s age discrimination laws are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.” Thus, an action for age discrimination can be based upon discrimination against a single individual or based upon discrimination against a group of individuals.
An Employee’s Wage – Information to Know
California law defines a wage as “all amount for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard for time, task, piece, commission basis, or other method of calculation.” California Labor Code Section 200(a).
Are Cell Phones a Reimbursable Business Expense?
The use of cell phones has become commonplace in today’s business environment. Employees in a myriad of different industries performing a wide variety of jobs use cell phones every day to carry out their job duties.