April 11, 2023
Workplace Retaliation: How California False Claims Law Protects You
Employees in California have certain rights and protections when it comes to retaliation in the workplace. California’s False Claims Law is one such protection. This law protects employees who report illegal or fraudulent activity in their workplace and suffer retaliation as a result of their reporting.
Workplace retaliation can take many forms, from a reduction in pay or hours to termination of employment. If an employee is the victim of retaliation in the workplace after filing a complaint, California’s False Claims Law may provide an avenue to recover damages suffered.
What does this law entail?
California’s false claims law applies to any employee who makes a good faith complaint against their employer for illegal or fraudulent activity. This law also protects employees who cooperate in a government or judicial investigation related to illegal or fraudulent activities in their workplace.
It is important to note that California’s false claims law does not protect employees who make false or malicious claims. To be protected by this law, an employee must have a reasonable belief that the reported activities are illegal or fraudulent.
Take action
If an employee believes that she has been the victim of retaliation in the workplace after filing a complaint, she must file a complaint with the California Division of Labor Standards within a specified time frame. If unlawful retaliation is shown to have occurred, the employee may be entitled to recover lost wages, benefits, and other related damages.
In general, the California False Claims Law is an important tool to protect employees who report illegal or fraudulent activity in the workplace. If you believe you have been the victim of workplace retaliation after filing a complaint, it is important to speak with a California employee attorney to explore your legal options.
March 27, 2023
Navigating California’s Wage and Hour Laws: Understanding Your Rights as an Employee
As an employee in California, it’s important to understand your rights regarding wage and hour laws. These laws dictate how much you are paid, when, and how you are paid, among other things. In this blog post, we will discuss some key aspects of California’s wage and hour laws and how they apply to employees.
Minimum Wage
Minimum wage is one of the most basic aspects of California’s wage and hour laws. Since 2023, the minimum wage in California has been $15.00 per hour for employers with 26 or more employees and $14.00 per hour for employers with 25 or fewer employees. In addition, some cities and counties in California have their own minimum wage laws, which may be higher than the state minimum wage.
Overtime
California’s overtime laws are more generous than federal overtime laws. Under California law, non-exempt employees who work more than 8 hours a day or 40 hours a week are entitled to overtime pay. Overtime pay is calculated at 1.5 times the employee’s regular pay rate. Employees who work more than 12 hours in a day or more than 8 hours on the seventh consecutive day of a workweek are entitled to double time pay.
Meal and Rest Breaks
California law requires employers to provide meal and rest breaks to employees. For every 5 hours worked, an employee is entitled to a 30-minute meal break, which must be uninterrupted. Employees who work more than 10 hours a day are entitled to a second 30-minute meal break. In addition, employees are entitled to a 10-minute rest break for every 4 hours worked.
Pay Stubs
Under California law, employers must provide employees with itemized wage statements or pay stubs that show hours worked, rate of pay, and any deductions made. The pay stub must also show the total gross and net wages earned.
Penalties for Wage and Hour Violations
Employers who violate California’s wage and hour laws can face severe penalties, including back pay, interest, and fines. In some cases, employees may be entitled to damages for emotional distress or other harm caused by the violation. In addition, employers who violate California’s wage and hour laws may be subject to civil and criminal penalties.
California’s wage and hour laws can be complex, but employees must understand their rights. If you believe your employer violated your rights, speaking with an experienced employment law attorney is essential. At Yeremian, we can help you understand your legal options and work to protect your rights as an employee.
March 7, 2023
When is a Denied Promotion Illegal?
If you’ve ever had a job promotion that you really desired denied by your employer, you know how badly it can hurt. It’s a serious blow to the ego and the wallet, particularly if you feel you were the most deserving candidate for the position. However, is it ever unlawful to be passed over for a raise at work? The response is no if the employer made a merit-based selection. However, if the decision was based on other factors (such as race, gender, age, military status, etc.), then the procedure may be illegal.
Some signs to look for
Situations where discrimination is a factor in the choice are some unlawful grounds for denying a promotion. Examples of this that are frequently used include
- Pregnancy
- Nepotism
- Retaliation
Women in the workplace are all too frequently passed over for promotions. This may occur as a result of outdated gender stereotypes. For example, a company might decide a female employee is the best candidate for a promotion but choose to give it to a man who is less qualified because they believe the woman won’t be able to devote the same amount of time to the position as she would to caring for her family. Pregnancy and gender discrimination are illegal in California under both federal and state law.
Another type of prejudice is reprisal or retaliation. Employees are entitled to a safe working environment. Employees have the right to bring something to their employer’s notice and pursue appropriate legal course if they have decided to contest something that makes them feel unsafe at work. In this instance, it is illegal to reject a promotion based on a prior involvement in an employment law investigation.
What to do next
- Talk to your boss about it.
- Keep your composure
- Make your viewpoint known.
- Ask how can you improve
When you discuss it with your manager, make notes of their answers in case you decide to file a complaint. In the end, speaking with an experienced lawyer should be your next move if you sincerely believe your boss has illegally denied you a promotion at work.
January 10, 2023
Your rights in case of sexual harassment at the workplace
In 2019, 33% of women and 28% of men reported experiencing sexual harassment at work, according to a research by the California Coalition Against Sexual Assault and the Center for Gender Equity and Health at the University of California San Diego School of Medicine. The figures are 10% higher for men and 5% higher for women in California. Sexual harassment at work is against the law, despite being widespread. With the assistance of a California employment attorney, you can obtain justice.
California’s Workplace Sexual Harassment Laws
Sexual harassment must be severe enough to foster a hostile work environment in order to qualify as such. The goal does not always have to be an individual. Witnessing sexual harassment of a coworker can make it more difficult for that person to perform their job duties.
Examples of such behavior might be:
- Hostile expressions/looks
- Explicit remarks that are viewed as rude and make someone feel unsafe
- Knowingly making sexually suggestive physical contact or brushing against another person
- Insisting on a phone number or a date even after being declined
- Quid Pro Quo: The practice of offering a promotion, raise in pay, or other forms of job rewards in exchange for sexual favors from a person in a superior position (supervisor or manager). The worker may face a promotion or dismissal if these favors are not given.
What should you do if the behavior continues?
The next step should be to report the harassment to Human Resources or management if, after calling out a coworker for their behavior, nothing changes or if it is impossible to speak with them. It is crucial to be able to present any supporting documentation, including any emails, texts, or diaries that document the bullying, as well as the names of any witnesses.
It is essential to speak with a California-based employee rights attorney if the firm refuses to take appropriate action or, worse yet, retaliates by firing the employee. Contrary to Title VII of the Civil Rights Act of 1964, which only protects businesses with at least fifteen workers, California law covers all private, public, and local employers, and it is still feasible to pursue compensation even if one’s employer is a tiny business.
