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 17, 2023
Are you entitled to paid sick leave?
While there is widespread support for paid sick leave, there is currently no federal law in the US about it. Fortunately, some state and local jurisdictions have taken action. California’s paid sick leave law–the Healthy Workplaces, Healthy Families Act of 2014 (or HWHFA) has been on the books since 2015.
Who is eligible?
According to the HWHFA, you are entitled to earn (or “accumulate”) sick leave if you work for the same employer for at least 30 calendar days within a year in California. This law covers most full-time, part-time, per diem, and temporary employees.
When can I use it?
You can use your accrued sick leave to receive payment while you are away from work for preventive care or the diagnosis, care, or treatment of an existing medical condition for yourself or a member of your family.
“Preventive care” includes, but is not limited to, annual physical exams and flu shots. Family members include parents, children, spouse, registered partner, grandparents, grandchildren, and siblings.
If your sick leave is planned (like a doctor’s appointment), you must notify your employer in advance. But if you need to be absent due to illness for an unforeseeable reason (such as an emergency or sudden illness), you only need to notify them as soon as possible.
How many sick days should I get?
The amount of sick leave available to you depends on your employer’s paid sick leave plan.
If you are confused or if you have questions about your employer’s sick leave policy, you should speak to your employer’s human resources department.
According to the HWHFA, most employees are entitled to at least 24 hours or three days (whichever is longer) of paid sick leave per year. Some local jurisdictions, like Los Angeles and San Francisco, have sick leave laws that require even higher benefits.
What should I do if my employer violates my right to paid sick leave?
The California Office of the Labor Commissioner enforces laws that protect workers from labor rights violations, including the HWHFA.
Under the HWHFA, your employer cannot deny you the right to use your paid sick leave. It also cannot retaliate against you.
January 3, 2023
Are you owed overtime pay?
If you work hourly in California, you are entitled to overtime pay when you exceed 8 hours in a single workday. Despite this, many employers challenge the legal obligation to make overtime payments to their employees. Some use complicated systems to count the hours worked to avoid paying overtime, while others lie by telling their employees that they are not entitled to overtime pay.
Overtime in California
If a worker works over eight hours in a single workday, they are entitled to 1.5 times their regular pay rate for each hour of overtime. If the shift exceeds 12 hours in a single day, the pay rate increases to 2 times the standard rate.
Similarly, California workers must be paid 1.5 times the regular rate if they come to work on a seventh consecutive day in a workweek for the first eight hours. The payment increases from the ninth hour to 2 times the regular rate.
What is your classification as an employee?
Whether or not you are entitled to overtime pay depends on how you are classified in your company (exempt or non-exempt employee). For example, if you are a manager or supervisor, you may not be due overtime pay even though your rate payment is by the hour. However, if you are paid a salary, you may be eligible for overtime pay if your total earnings are below a certain amount determined by law. Unfortunately, many employers mistakenly classify their employees as “exempt” or managerial to avoid paying overtime.
If you have questions about your eligibility for overtime pay and your rights as a worker, you should speak with an attorney specializing in employment law.
December 6, 2022
Employee Rights as a Disabled Person
If you’re disabled, your rights at work are protected under the Americans with Disabilities Act of 1990 (ADA). This legislation completely changed the way people with disabilities were treated in the workplace, and largely leveled the playing field for everyone. For you to qualify for ADA protection, you must have a qualifying physical or mental limitation that affects major life activities, but you must also be able to perform the duties that are essential to your job. For example, if you use a wheelchair you can still perform the essential duties of a teacher. Or if you are hearing impaired you can still perform the essential duties of an accountant. Individuals in these situations would be covered by the ADA.
Rights under the ADA
Anyone protected by the ADA is entitled to reasonable accommodations that make it easier for the individual to do their job, or that allows them to take advantage of workplace benefits that non-disabled people enjoy.
The accommodations may include:
- Modified training materials
- Flexible work schedules
- Modified or accessible equipment
- Providing interpretation
- Restructuring the job
- Reassigning the disabled individual to another position
For example, it would be reasonable for the teacher who uses a wheelchair to expect a white board or chalkboard that has been adjusted to their height, and the deaf accountant can expect American Sign Language interpretation for company meetings. Both of those accommodations help the employees to do their jobs better without causing undue hardship or financial difficulty for their employer.
If you are disabled, it is important that you understand your rights under the law. A lot of workplaces will not be well-versed on the specifics of your condition, and it is completely appropriate for you to ask for what you need. All of the accommodations you desire may not come to fruition, but reasonable accommodations are protected under federal law. So speak confidently, and be clear about what you need in order to perform your job duties at the level of your peers.
November 22, 2022
How to identify if you have been wrongfully terminated in CA?
Most of the people working in California are working “at-will”. That means your employer can terminate your employment at any time without cause. Many people who are terminated or laid off then falsely assume that they have no recourse with their former employer. That is not true. There are several ways in which you can be wrongfully terminated in the state of California. If any of the following situations sound familiar to you, you may have been the victim of wrongful termination and you should seek legal council with our law firm immediately.
If you have been terminated in any way that relates to the reasons on this list, you have been wrongfully terminated:
Termination based on your protected class status. There are both federal and state laws in place to protect you from being terminated based on your status within a protected class. At work, you may not be discriminated against based on race, religion, color, national origin, physical disability, medical condition, genetic information, marital status, sex, gender, gender identity/expression, age, sexual orientation, or military/veteran status. If your employment is terminated based on anything on this list, you have been the victim of wrongful termination.
Termination based on retaliation. If you complain about workplace harassment or discrimination and are then terminated, you are likely the victim of retaliation, which is illegal under both state and federal laws.
Termination following a worker’s compensation claim. If you are injured on the job, but are then terminated after filing a worker’s compensation claim then you have been wrongfully terminated.
Essentially, employers cannot discriminate against you based on characteristics you cannot control, nor can they punish you for behaving morally within the workplace. Termination based on any of these attributes is not lawful, and at-will employment does not give your employer carte blanche. Anyone who treats their employees wrongfully deserves to be brought to task with a lawsuit.
If you or a loved one have been wrongfully terminated, then call us for help and representation. We can help you to stand up to your employer and secure the justice and compensation that you deserve.
Call us today to discuss the details of your termination. We can advise you on the most advantageous next step and represent you in a lawsuit.
October 18, 2022
What to do if You’ve Been Misqualified as an “Independent Contractor”
Employers often prefer to classify their workers as independent contractors rather than employees. This is because working with independent contractors saves employers a lot of money. With independent contractors, employers do not have to contribute to Social Security and Medicare taxes, they do not have to pay unemployment insurance for the contractor, and they will not have to pay for worker’s compensation insurance for the contractor. Also, independent contractors do not enjoy employee rights like minimum wage, overtime pay, or sick pay.
If you have been classified as an independent contractor but would prefer to receive employee benefits, it is important to determine whether or not you have been misclassified. You more than likely should be classified as an employee if the following criteria have been met:
- You have received instruction on how to do the job and/or detailed training.
- You have been provided with work equipment at no expense to you.
- You have been reimbursed for business or travel expenses.
- You have no written client agreement.
- You perform services that are part of the hiring entity’s core business.
If your employment status meets the criteria above, but yet you are still classified as an independent contractor, there are several steps you can take:
- Talk to your employer about reclassification. Once these items have been brought to their attention, they may choose to reclassify you without a battle.
- Upon your employer’s refusal to reclassify you, file IRS form SS-8. This will involve the IRS in determining your worker status for federal employment taxes and income tax withholding. Their determination may force your employer’s hand.
- If all else fails, call a labor attorney to discuss the details of your situation.
We may be able to help you make things right.
August 10, 2022
Romantic relations in the work environment
In work environments, love interests can arise between colleagues. This leads employees to wonder if they are allowed to go out with one of their co-workers without getting in trouble or being fired.
Are romantic relationships allowed in California workplaces?
Some users prefer to avoid romantic partners due to various reasons, such as favoritism or conflicts of interest within the company. Despite this, the California Labor Code protects an employee’s right to privacy, and gives you the freedom to engage in any (legal) activity outside of business hours and outside of the workplace. This also includes being in a romantic relationship with a co-worker.
Exceptions
However, there are certain dating relationships between co-workers that are not protected in California. This is because there are partners who could jeopardize the work of supervision, efficiency, morale, or safety and/or affect the legitimate business interests of employers. For example, if a person in a supervisory position dates someone in a supervised or subordinate position, it can create an imbalance of power and there may be unfair treatment or favoritism. In cases, users have reasons to limit these romantic relationships.
Employee protections
As a California employee, you cannot be fired solely because you are dating a co-worker. While employers can implement anti-fraternization policies in the workplace, your employer’s control over your life outside of work hours should be limited. If your employee legitimately wants to fire you, there must be another reason beyond your romantic relationship. If your romantic relationship does not present a conflict of interest to your employer, and you and your love interest conduct yourself professionally while at work, then your employer is unlikely to prevail if you seek a wrongful termination lawsuit.
August 3, 2022
How long can you wait to sue for wrongful termination after your employer fired you?
In many cases, people don’t realize that their employer fired them for an illegal reason right then and there. Or maybe they are afraid to file a lawsuit because of the complexity of the process. But remember: the best advice is to act as quickly as possible when filing a case, but what to do if some time has already passed?
Statute of limitations
“Statute of limitations” means the amount of time a person has to file a lawsuit after an employee has committed an alleged crime. Some crimes have short statutes of limitations, while others can last for years.
However, these are only general guidelines. If you have been affected by a labor law crime, you should contact an attorney to obtain advice specific to your case. In addition, an attorney must determine whether or not the statute of limitations has passed, as your case may have special circumstances or other laws to consider.
How long can you wait to sue for wrongful termination?
The US Equal Employment Opportunity Commission states that an employee can sue up to 180 days after the termination or 300 days after the illegal act. Please note that companies with more than 25 or 50 employees may have different standards. For example, in California, victims may have more coverage under the Fair Employment and Housing Act.
To answer the question “how long can I wait to file my wrongful termination lawsuit?” our recommendation is: don’t wait. Talk to a lawyer as early as possible, which is when you think you have a case. For All Workers is here to help.
