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Employment Law Tag

Preventing Unlawful Retaliation Claims in the Workplace

In the State of California, workplace retaliation occurs when an employer’s unlawful actions, or knowing permitting unlawful actions, by punishing a worker who has filed a complaint, aided in an official police investigation, or reported an illegal activity. California has a strong public policy over the protection of workers against workplace retaliation. Unfortunately, this policy has been abused in many instances by otherwise frivolous and/or meritless claims, often sparked by a disgruntled employee over misunderstandings and other disagreements.  If you are facing workplace retaliation claim by an employee, speak to an experienced employer rights attorney who can advocate on your...

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California’s Maternity Leave and New Parent Leave Act

In many states, new parents will need to rely on the Federal Family and Medical Leave Act in order to obtain time off work for their adjustments as new parents. In California, however, laws regarding pregnancy and parental leave are among the greatest in the nation. California’s New Parent Leave Act Starting this year, a new law took effect called the New Parent Leave Act. This law allows workers the opportunity to take a leave from work for a maximum of 12 weeks in order to take care of a new minor. The minor could be through foster care, adopted, or a...

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Different Types of Employment Harassment and How to Defend Your Rights as an Employer

There are many different forms of workplace harassment.  With the many different interpretations, it could be difficult for even HR personnel to easily identify the signs. With careful understanding, however, workers can identify the most common forms of workplace discrimination, which could help to minimize the persecution. Discriminatory Harassment Every form of workplace discrimination is considered discriminatory in nature; however, unlike physical or verbal harassment, discrimination is usually defined by the intentions of the aggressor instead of how the act is carried out. When it comes to discrimination, the aggressor usually harasses the employee because he or she is a member of a...

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File a Wage and Hour Complaint in the State of California

In California, an employee can enforce his or her wage and hour rights by filing a complaint through the California Superior Court, Federal District Court, or directly with the Division of Labor Standards Enforcement depending on various circumstances including the type of claims being asserted and whether there is an employment arbitration agreement. The wage and hours of an employee in California are protected under state and federal laws. Unbeknownst to many, these laws are not typically self-enforced and when a labor law has been violated, the worker will need to take action by filing a claim. Types of claims can...

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