The Right to Second Meal Period for Shifts Over Twelve Hours
California Labor Code section 512(a) generally allows an employer and employee to agree that if that employee works between ten and twelve hours in a day, the employee may waive his right to a second meal period, as long as the first meal period was not waived. This law was intended to allow employees the Read More …
The Basics of Making a First Amendment Case for Retaliation
First Amendment cases in the context of employment and wrongful termination cases are highly technical. In order to make a claim against a government employer for violation of the First Amendment, an employee must show (1) that he engaged in a protected speech; (2) that the employer took “adverse employment action”; and (3) that speech Read More …
Three Tips for Complaining About Discrimination / Harassment
It is important that you follow a three simple rules when complaining about discrimination, harassment or retaliation that you believe you or your co-workers are being subjected to: 1. Complain in writing. Oral complaints are often forgot or misunderstood. You would also be surprised how often the employer denies the very fact that an employee Read More …
When Employer Lies About The Reasons for Your Termination
It’s not uncommon for employer to change the story about why they terminated an employee. We have seen over and over how the employer would tell the employee that he is being laid off because the employer’s business needs have changed, and later – they challenge that employee’s unemployment benefits application, arguing for the first Read More …
Complaining About Discrimination / Harassment Anonymously
Although there are some benefits to complaining about discrimination, harassment, retaliation, safety violations, etc., anonymously, whether internally or by contacting an outside governmental agency, consider the significant disadvantage of complaining without using your name: even if the employer later finds out somehow that you were the one who complaint, they can take action against you, Read More …
Anti-Retaliation Laws Protecting School Employees (Teachers)
California Education Code Sections 44113(a) and 44114(c) are part of the Reporting by School Employees of Improper Governmental Activities Act. It prohibits “an employee” from using his or her official position to retaliate against “any person” to deter that person from making a disclosure protected by the Act. A “person” includes any individual. An employee Read More …
Requesting Reassignment as a Disability Accommodation
One kind of reasonable accommodation that an employee who has qualifying disability may be entitled to under ADA or FEHA is reassignment to a vacant position. This typically happens where an employee suffers a serious injury that prevents him or her from performing the physically demanding parts of his existing job, but where an employee Read More …
Retaliation And Oral Complaints About Unpaid Wages
In 2011, the US Supreme Court held in Kasten v Saint-Gobain Performance Plastics Corporation (2011) that even oral complaints by employees about not being properly compensated constitute a protected activity within the meaning of anti-retaliation laws. In that case, the plaintiff brought a retaliation lawsuit against his employer under section 213(a)3 of the Fair Labor Standards Read More …
Your Rights as a Disabled Worker in California
A qualifying disabled worker has the following basic workplace rights under ADA (Americans with Disabilities Act) and FEHA (California Fair Employment and Housing Act): 1. The right to not be discriminated because of disability. An employer cannot treat you differently in terms of conditions and privileges of your employment (including wages and compensation) because of your Read More …