Most Recent Posts
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.
Defamation: What Is It?
Defamation involves the making of a false statement of fact about another person. Specifically, defamation is “a publication that is false, defamatory, unprivileged, and causes injury or damage.”
Disability Discrimination – An Employee Must Be Able To Do the Essential Functions of Their Job
Because a claim for disability discrimination is a civil action, the burden is on the employee to prove each element of his or her claim.
Disability Discrimination – Ensure Employer Knows of Need for Accommodation
A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a reasonable accommodation.
Disability Discrimination – What is a Reasonable Accommodation?
Under California law, a disabled employee is entitled to a reasonable accommodation to allow the employee to continue do their job in spite of their disability. An employer must offer a disabled employee a reasonable accommodation, unless doing so would be an undue hardship.
Discriminating Against an Employee for Filing a Workers’ Compensation Claim Violates the Law
If an employee is injured while working, the employee deserves to receive the workers’ compensation benefits that they are entitled to.