Category: Uncategorized

What does assembly bill 1066 do for agricultural workers?

In the United States, an 8 hour workday and a 40 hour workweek is considered standard, but that was not always true for agricultural workers. Agricultural work is grueling, and often takes more than 8 hours a day or 40 hours a week to complete. In 2016, the state of California officially recognized that the extra work being put in by agricultural workers wasn’t fair, and passed Assembly Bill 1066. Under this bill, farm workers become eligible for overtime pay after working 8 hours in a single day or 40 hours in a week. Prior to the bill passing, farm workers were only eligible for overtime pay after working 10 hours in a single day.

Imagine that you are an agricultural worker that is married to an hourly worker who works in an office. It is harvesting season, and you are expected/required to work until the job gets done, which is almost guaranteed to take more than 8 hours. You put in a 10 hour day of physically demanding work, and you are compensated for your extra time at your standard hourly rate. In comparison, the moment your spouse works an extra hour beyond 8, they are compensated at their hourly rate plus an additional half of their hourly rate. It is easy to understand how this arrangement can quickly get frustrating.

California Assembly Bill 1066 helps to level the playing field for agricultural workers. It does not lessen the load of the work they are expected to perform, but it does help to adjust their compensation accordingly.

What employees need to know about the “piece rate system”?

Most people work hourly or salaried jobs. Hourly workers are paid for their time spent performing job duties, and salaried employees are paid for a year of their labor. They get the same paycheck regardless if they work more or fewer hours in any given week. What many people do not realize is that there is another way that you can be compensated for your work – piece-rate system. 

The piece-rate system of wage payment compensates employees based on the units of something they have produced. Time is not considered. That way, the more productive you are, the higher your paycheck is. If you are considering the acceptance of a piece-rate system for payment, make sure to keep these advantages and disadvantages in mind:

Advantages:

• Ultimately, you determine your own paycheck. Quick, efficient work with little idle time is rewarded. 
• You will be more invested in your output since it determines your pay. 
• You are less likely to be micromanaged on your output efficiency.

Disadvantages:

• If you are sick or injured, you do not continue to make a paycheck.
• The quality of your output may suffer if you focus only on speed and efficiency.

This is certainly a different way to work. If you can manage yourself and your production well and have the ability to work quickly and efficiently, it may be a good set up for you! Before you take a piece-rate system job, make sure to do some deep and honest self-examination on whether or not your internal motivation is strong.

Differences Between CA and Federal Employment Law

California labor law heavily favors workers, and it is important for all employees in the state of California to understand where their rights within the state differ from federal employment laws.

The first major diversion comes from minimum wage. Currently, the federal minimum wage is $7.25/hour. In the state of California, minimum wage is nearly double that at $12.00/hour. The second major difference requires California employers to pay workers for all hours worked. Federal law is gray around work activities that are considered “ancillary” to regular job duties. California law also allows independent contractors who should have been classified as employees based on duties and expectations to recover penalties for that misclassification.

It is important to understand where your rights diverge from federal rights. We have seen cases in which employers try to use federal rights as a standard, and their workers have suffered. If you understand where you have an advantage under state law can help you to avoid unfair treatment.

For example, if you are not paid for all the hours you worked, it can be helpful to understand the term “ancillary task”. For example, if you are a teacher, picking up school supplies can be considered ancillary to your primary duties of creating lesson plans and teaching students. In California, you are entitled to payment for all ancillary activities.

If you suspect that your employer is not adhering to California state law, then call us to discuss the details of your situation. Our attorneys are experienced in handling labor lawsuits, and we can help shed some light on your situation.

What is a reasonable accommodation in the workplace ?

Under the Americans with Disabilities Act, employers are prohibited from discriminating against an employee based on any disabilities they may have. Employers are also required to provide “reasonable accommodations” to disabled employees to help them complete their job tasks. This does not mean that the employer is required to fulfill every single one of their employer’s requests – they are only legally required to supply “reasonable” adjustments.

So what is considered “reasonable” under the law?

A “reasonable” accommodation is anything that does not create undue hardship. Below are some examples of reasonable accommodations that you can make for disabled employees:

Provide an employee in a wheelchair a clear path to their desk. Remove any chairs or other furniture items that may get in their way.

Adjust an employee’s schedule so that they may attend medical appointments. For example, have an employee work four 10-hour days instead of five, 8-hour days. Make sure all training videos are captioned so that Deaf/Hard-of-Hearing employees can easily receive the information. Install computer screen magnifiers for visually impaired employees.

The general theme is here making small considerations that allow your disabled employee to find success at work. It is common for disabled employees to negotiate the accommodations they may need. If you are disabled, make sure to clearly communicate what your limitations are and how they affect your work performance. Follow that up with a list of accommodations that would help you to reach your full potential. If you are an employer and are not sure whether the requests you receive would be considered reasonable or not, then call us to discuss. We are happy to provide legal insight in situations like these.

OSHA cites UPS for “Excessive Heat” Exposure

The Occupational Safety and Health Administration (OSHA) is responsible for the worker’s safety at a national level. They set and enforce safety standards along with providing workplace training and education. Under OSHA, employers have a “General Duty” to their workers. In OSHA literature, the General Duty is published as follows: ‘Employers have the responsibility to provide a safe and healthful workplace that is free from serious recognized hazards. This is commonly known as the General Duty Clause of the OSH Act”.

Excessive heat is considered a recognized hazard, as prolonged excessive heat exposure can lead to heat exhaustion, heat cramps, and even heat stroke. Since 2015, delivery company UPS has had more than 100 employees hospitalized with heat-related injuries.

This is when OSHA stepped in and penalized UPS with the maximum fine of $13,260. Very few UPS trucks are air-conditioned, and many of their warehouses also lack air conditioning. This results in internal temperatures rising as high as 150 degrees Fahrenheit. Those working conditions are uncomfortable and unsafe, and OSHA has let UPS know that it is completely unacceptable. 

If you work in a hot environment for prolonged periods of time, take the following steps to help ensure your own personal safety:

• Wear loose-fitting and lightweight clothing if possible
• Drink plenty of water (soda and other sugary drinks will not hydrate you effectively)
• Take breaks from the heat by finding shade or an air-conditioned area. 

Here are some common signs and symptoms of heatstroke:

• An elevated body temperature/flushed skin
• Confusion, agitation, slurred speech, and even seizures
• Nausea & vomiting
• Rapid breathing and a racing heart
• Throbbing headaches

Your Employer Cannot Retaliate if You Report Unsafe Conditions

A whistleblower is anyone who reports the illegal or fraudulent activity of their employer.  And under the law, an employee who reports on violations of laws, mismanagement, the irresponsible handling of funds, or any general threat to health and safety, is protected from retaliation. Retaliation can take the form of any negative action taken against the employee as a result of their negative disclosure. This applies to health and safety concerns. 

If you or a loved one report on unsafe conditions at work, it is illegal for your employer to treat you any differently based on your report. Unfortunately, legal violations do not always stop people from behaving badly, and retaliation is a very real possibility following any report of unsafe conditions. If you face retaliation, or if safety conditions do not improve, reach out to us for legal assistance. We are ready to fight on your behalf, and we are experienced in taking on large employers with resources and deep pockets. We will not let them get away with violating your rights. 

If you believe you are being retaliated against following a report on unsafe conditions, take the following steps quickly:

• Document everything. Document the unsafe condition, the date and contents of your report, and the form the retaliation has taken. 
• Be able to describe how your standing at work worsened following your report.
• Call us for help – we are here to help you sort out this difficult and complicated process. Do not face your employer alone.

How Do You Know You Have a Wrongful Termination Claim in CA

In the United States, most employment is considered to be “at-will”. This means that employment can be terminated at any time without cause or notice. Fortunately, in the state of California, limitations have been placed on at-will employment, so that certain employees cannot be terminated without just cause.

 Below is a list of employee types that are exempt from at-will employment:

•     Contact employees. If you have been hired under a written contract to perform work for a certain amount of time, you cannot be terminated early without just cause.
•     Employees who have faced discrimination. If you belong to a legally protected class, you cannot be discriminated against based on that class or your protected characteristics. This extends to the termination. Protected characteristics include race, color, national origin, religion/beliefs, age, disability, sexual orientation, gender identity, marital status, medical conditions, or veteran status.
•     Employees who refuse to violate the law. It is your right to refuse to take part in illegal activity in the workplace. If you are terminated for your adherence to legal practices, then your termination was unlawful.
•     Employees who have been retaliated against. If you are terminated in retaliation for refusing to break the law or for whistleblowing on your employer, it is illegal for them to terminate you based on that.

 Losing employment is stressful and can create a lot of hardship. This is why it is vitally important for California employees to understand their rights. If you have been terminated based on one of the characteristics or situations described above, please call us today. We are dedicated to protecting your rights and seeking the compensation and damages you deserve.

What Qualifies as Sex Harassment in the Workplace?

Sexual harassment is a serious offense and is completely inappropriate in the workplace. Sexual harassment can take many forms, but the unifying theme is the fact that all sexual harassment is unwanted. Essentially, sexual harassment is any sexually related behavior that is unwanted, and that interferes with someone’s employment, work performance, or mental well-being. Sexual harassment can take the form of an off-color comment and/or unwanted physical contact. For example, a handshake is appropriate in the workplace, but a lingering hug, a hand on your back, or touching someone’s face or hair can all be considered harassment.

Sexual harassment I actually considered a type of discrimination. According to the Civil Rights Act of 1964, gender is considered a protected class. Sexual harassment is generally related to someone’s gender/gender identity and is therefore considered discriminatory.  Sexual harassment can happen to anyone, regardless of their gender and/or gender identity. Also, it is important to note that the aggressor does not need to be of the opposite sex in order for their behavior to be classified as sexual harassment.

Here are some examples of what could be considered sexual harassment in the workplace:

•     A coworker or supervisor asking for intimate details about someone’s sex life
•     Unwanted physical touch like a hug, handholding, kissing, arm around the shoulder, brushing up against             someone, etc.
•     Sharing sexual content like photos, stories, or jokes with coworkers, managers, or subordinates.
•     Any sexually offensive facial expressions or hand gestures.

 The list goes on, and the line between what constitutes sexual harassment and what is just odd behavior can be blurry. If you are unsure about your experiences, call us to discuss today.

To Employers: Not all Physical Disabilities are Obvious

When most people picture someone with a physical disability, they picture a person confined to a wheelchair or with missing limbs. Essentially, most people assume that if someone needs a handicap placard on their car, that they should be able to see that person’s disability with the naked eye. However, there are many physical disabilities that are not immediately obvious, and discriminating against employees and/or coworkers with an invisible disability is just as serious as ignoring an obvious disability.

Many conditions can cause chronic yet invisible pain that limits someone’s motion or ability. For example, Lyme Disease can cause chronic joint swelling, muscle pain, and severe fatigue. Lupus targets the immune system and can cause chronic fatigue, and Fibromyalgia causes widespread and sometimes debilitating pain.

It is important for employers to be aware of these invisible disabilities, and to understand the protected rights of their employees. For example, if someone is applying for a job, employers cannot legal ask about the applicant’s disability. All the employer can ask is whether or not the applicant can perform the job with or without reasonable accommodation. More invasive questions are not only uncomfortable, they are illegal. That being said, in order for an employee to be protected under the ADA, they need to have record of substantial impairment, and qualify to perform the essential duties of the job.

As an employer, you are required to provide accommodations for all disabilities, regardless of whether they are immediately visible or noticeable.

What Can I do if I Have Proof I was Passed Over for a Promotion due to my Gender?

Gender discrimination is an unfortunate reality in today’s workplace. In fact, according to Pew Research Center survey data, 42% of women report facing discrimination at work based on their gender. Workplace gender discrimination often takes the form of unequal treatment, such as reduced pay, fewer accolades, and being overlooked for raises and promotions.

If you have been passed over for a promotion at work due to your gender, the first step is gathering proof. Discrimination is insidious in that it can be difficult to pin down, but if you have solid examples such as direct evidence (i.e. an email in which a boss says something like “These business trips will be all boy’s talk, you wouldn’t want to come’), or strong circumstantial evidence (i.e. someone with fewer qualifications than you being awarded a promotion in your stead), you may have a case against your employer.

Once you have proof, your next step should be filing a complaint with the Equal Employment Opportunity Commission (EEOC). In order to enforce EEOC laws, you must file a complaint before you are able to sue. At this point, you should contact an employment attorney to help protect and preserve your rights.

Our attorneys are well versed in protecting your employment rights, and in guiding you through gender discrimination cases. Call us today to discuss the details of your working environment. We can help you collect proof, file an EEOC complaint, and eventually go after your employer for the compensation you deserve.