Category: Uncategorized

Freedom of expression. How does it apply in the workplace?

The phrase “It’s a free country and I can express anything” is well known… and not entirely true. This is especially the case in workplaces.

While the First Amendment ensures that government employees do not suffer employment consequences for exercising free speech, this Amendment does not support or protect employees of private companies from being fired. Thus, an employee cannot file a lawsuit against a private employer if they believe they have violated the First Amendment, since it only applies to government employees.

If you want to pursue a wrongful termination claim based on free speech, there must be a legal basis to support it. For example, suppose an employee complains about working conditions and is fired or harmed. In that case, the employee has the right to make complaints (especially if there are dangerous situations in the workplace) and not suffer retaliation.

Political views

The laws provide some protection from political activities by employees. It is against the law for an employer to prevent employees from participating in political activities (either actively or simply expressing their opinions). This also includes when an employee wishes to run for public office. Likewise, it is illegal for an employer to attempt to coerce, by threat of dismissal, to follow or refrain from following a particular course of political activity.

However, some circumstances may prevent employees from expressing their political views as freely. For example, suppose the company’s dress code defines that employees cannot wear clothing with personal or political messages. In that case, the employer can proceed with a justifiable dismissal due to a dress code violation.

If you’re not sure if you can proceed with a lawsuit against your employer, get legal help from Para los Trabajadores.

Lactation Breaks in California: Are They Paid?

Returning to the office after maternity leave is difficult. In addition to being out of the office for months, you need to adjust to a new workflow while balancing breastfeeding. To help with that transition, your employee must provide accommodations. To understand your rights, the attorneys at Para Los Trabajadores explain what your employer must do and whether you are entitled to receive payments when taking time off to breastfeed.

Break times for breastfeeding

Your employer is not under the obligation to compensate you for time spent exclusively breastfeeding or expressing milk. However, if your employee already offers you paid general breaks, you can use that time. In other words, if your employer already gives you ten-minute breaks, but it takes you fifteen minutes to get milk, your employer is not required to pay you for the last five minutes.

Adaptations to consider

Even though your employee is not required to provide compensation for breaks taken to breastfeed or express milk, they are required to provide certain accommodations. The most important is to provide you with a private, safe, clean, and protected room so that you can proceed with the expression in comfort.

Starting January 1, 2020, the room provided by your company must be free from intrusions, whether by supervisors, other co-workers, or the general public. Also, the room should have a place to sit and a power source, so you can plug in an electric pump if needed. Please note that this room cannot be the bathroom.

Lastly, the employer must provide a cooling device for you to store your expressed milk.

When Your Employer Doesn’t Pay You Overtime…

Sometimes employees are asked to give a lot of effort to their work and achieve higher results. This can lead to employees working more hours than usual. If you have had to work longer than expected, should you be compensated for working overtime?

When should employees get overtime payments?

Employers covered by the Fair Labor Standards Act (FLSA) must pay overtime to all eligible employees unless they fit into an exception.

The FLSA does not apply to people working for private California employers. However, employees are covered by California’s labor laws. Therefore, all employees are considered to be non-exempt and should receive overtime payments unless they fall under exemptions from California overtime laws. 

What are the exemptions?

– Executives

– Administratives

– Professionals

– Outside Salespeople

Generally, non-exempt employees take direction from supervisors. However, there may be certain other fields in which California employees may be properly classified as exempt. To determine if you are exempt or not depends on a number of factors, and your best bet is to contact an experienced employment lawyer to receive the help you need. 

California overtime payment laws

The situations in which you, as a non-exempt employee, should get overtime pay can include:

– Working more than 8 hours in a day or 40 hours in a week

– Working more than 12 hours a day (you should receive the double of your standard pay)

– Working on a seventh day in a work week (time and a half for the first eight hours and double for additional hours)

What to do if you are not receiving overtime pay?

It is possible to file a claim with the Division of Labor Standards Enforcement, or even a lawsuit against your employer to recover the lost wages. These cases can be complex, and it is best to get the help of an employment attorney. For All Workers is here to help.

Can I Keep Working for my Employer… While I Sue Them?

Many people avoid claiming their employers for fear of losing their job. It’s important to know that suing your employer doesn’t always result in quitting or being fired. If you face a problem such as discrimination or sexual harassment, you can file a lawsuit without any type of retaliation.

What are examples of retaliation?

The work environment can get a bit awkward, but you don’t have to leave your job after starting legal proceedings if you don’t want to. Federal and California laws prohibit employers from retaliating against workers who choose to sue them because of wrongdoing. Retaliation is demotion, lower salary, mistreatment, etc. Anything that appears to be hostile treatment towards you without any justification. Some retaliation is more dramatic and obvious than others. For example:

– Dismissals without justification
– Disciplinary actions for no reason
– Negative ratings about their performance that do not correspond to reality
– Increased supervision after filing a lawsuit
– Set it aside in meetings, projects or other tasks
– Denial of training
– Denial of promotions
– Salary reduction or bonuses
– Increased workload

Get legal help

Making a case against a company you continue to work for is difficult. Para Los Trabajadores can help you file claims and guide you from start to finish.

Value of a claim for wrongful termination

Wrongful termination lawsuits can fetch awards of $500 to millions. The objective of compensation is to stabilize an employee’s financial situation, and reduce the impact that has caused him to be fired without reason and illegally. Many factors contribute to the final amount determined. Generally, the affected person will be entitled to lost wages, but financial responsibility for emotional damages, costs of finding a new job, or medical expenses could also be added to determine the compensation. They may also be considered punitive damages.

Lost wages

These consist of three parts:

– Past Lost Wages: Amount you would have earned had you not been laid off, including benefits. This amount is calculated from the time of dismissal to the trial date and must be adjusted for inflation.
– Future Lost Wages: From the date of the verdict to the date the job would have been contractually completed. Benefits are also included.
– Any other income lost due to the employer’s action.

Emotional damage

Experiencing a discharge for discrimination or retaliation can cause stress, depression, anxiety, or other mental health issues. Recovering can take time and money, and victims should never be held responsible for recovery costs. A lawsuit may seek to have the employer take over these.

Job search costs

Expenses may include fees for CV assistance, time spent on interviews, and travel expenses for interviews. Therefore, those affected must keep the receipts with the expenses related to the job search.

Punitive damages

Punitive damages serve as a “punishment” for illegal activities, such as a fine. Punitive damages are made to discourage employers from committing wrongful acts against their employees.

Give careful consideration to the attorney helping you recover damages, as effective representation can influence the amount you end up receiving. At Yeremian, we can help.

Two California wage and hour bills to keep track of

#1 Four-Day Workweek Bill faces a stop

The four-day workweek bill, named under Assembly Bill 2932, looked to shorten the workweek. Currently, California employment laws require that if an employee works over 40 hours during a workweek must earn a rate of one and one-half times its current rate of pay for those excess hours, observing some exceptions. The new bill proposes that employees should receive one and one-half times a regular rate after 32 hours per workweek. 

If the bill is enacted, it would also prevent businesses or employers from reducing an employee’s regular rate after the reduced required hours are put into effect. This bill would not apply to businesses with less than 500 employees. 

Unfortunately, the proposal did not meet committee deadlines in order to be considered and processed this year. However, the bill could be amended and presented again in 2023. 

#2 FAST Recovery Act to give food service workers bargaining power

FAST (Fast-Food Accountability and Standards) Recovery Act, also named Assembly Bill 257 looks to set a new body that would set wage and workplace standards for people working in the fast-food industry in the state of California. This implicates establishing a Fast-Food Sector Council, with 11 representatives positioned by the Governor and state legislators. The Council would be integrated by five representatives from state agencies who would handle health and workplace safety, two employee advocates, two workers, a representative for franchises, and a representative for corporations.

Hearings would take place every six months and in-person meetings every three years to negotiate standards for work conditions, payments, and training. Any fast-food chain with thirty or more locations in the US would be subject to decisions made by the Council. 

Last June, the bill fell short by three votes.  This year, the bill passed the state Assembly and is now sitting with the California Senate.  The Senate Judiciary Committee’s hearing on AB 257 is set to take place at the end of the month. 

Three things to consider in the case of wrongful termination

Unjustified dismissal or wrongful termination is a problem that happens quite frequently in companies. The problem is so common that government departments are dedicated to reviewing and regulating this type of action, such as the Equal Employment Opportunity Commission (EEOC). However, there are certain things to consider if you find yourself in this situation.

#1 At-will employment is not an excuse for wrongful termination

California is an employment-at-will state, which means that an employee has the ability to fire an employee at any time. However, there are regulations in place to prevent people from being fired for discrimination. For example, an employer cannot fire an employee because of race, gender, or age or as part of retaliation if the employee complains or reports unethical behavior.

#2 Go to the EEOC

To file a wrongful termination claim, you need to go to the EEOC. State and federal law allow 180 days from termination for an employee to file a complaint with the EEOC. Once the corresponding claim is made, the EEOC will follow up on it and validate it. After this, the employee will be given the green light to sue, which may result in restitution and/or monetary compensation.

#3 Get help from experienced lawyers

Wrongful termination and discrimination cases are complicated. The paperwork is extensive, there are statements to coordinate, and you have to look for evidence that helps the accusation of discriminatory behavior. However, getting legal help can mean getting compensation for:

• Recovery of lost wages
• Court costs and legal fees
• Damages for pain and suffering
• Possible punitive damages

Contact “For All Workers” for help with your wrongful termination case.

Is it possible to sue your employer for firing you under false accusations?

Many wrongful termination cases happen when a co-worker makes false accusations against an employee, and someone is fired based on those accusations. Unfortunately, there are also cases where an employer invents bogus reasons in order to fire someone. If this is your case, you must know that you have legal resources to help you in your situation.

Claim process through the EEOC

It is possible to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating any claim involving harassment, discrimination, and wrongful termination. The agency will evaluate your case and determine if your termination was caused by an illegal reason. This typically happens when the EEOC concludes that there is reasonable cause to support your claim and will issue a right to sue notice allowing you to take legal action against your employee. This process becomes much easier when you have the professional help of an employment law attorney.

After a successful claim, it is possible to obtain the reinstatement of the person who has been fired, along with other benefits such as monetary compensation for lost wages. In addition, if there is emotional distress, the affected person may also qualify for additional compensation.

How can a wrongful dismissal be proven?

In case you want to proceed with a claim for unjustified dismissal, it is mandatory to prove that the reason for which you have been dismissed is false. For example, suppose your employer invented a reason to justify your termination. In that case, you must prove by all means necessary that such information is not true to argue that there was unfairness in the process.

If you have been in a similar situation, you may feel alone and isolated. The legal mechanisms are challenging and often complicated, but this should not impede exercising their rights and defending your work, livelihood, and honor. Contact For All Workers for help with this process.

Are your working conditions so intolerable that you are considering quitting?

If your boss/employer is taking intentional actions that make your job difficult to bear, chances are you are contemplating quitting. However, before making this decision, identify whether your case is similar to a wrongful termination (or in this case, a fabricated termination).

In many cases, if you quit your job, you are forfeiting unemployment benefits that could hurt you financially while you are looking for a new job. Similarly, you may not be eligible for other rights reserved for those who find themselves involuntarily out of work, such as filing a wrongful termination lawsuit. Fortunately, California law provides for the case where your employment situation becomes so unbearable that you have no choice but to quit.

How to test this situation?

You must present evidence of the situations your employer created or allowed, bearing in mind that a reasonable person would not tolerate the situation and would resign. Some examples of intolerable conditions may be:

• Bullying
• Humiliation in front of your peers
• Discrimination for reasons protected by law (gender, age, race, etc.)
• Retaliation after having filed a claim defending your rights
• Unjustified salary reduction
• Assignment of unpleasant tasks or change of schedule to a shift that is very difficult

If you are not sure if your situation qualifies, it is recommended that you seek legal advice before making any decision, especially if you are considering leaving your job.

On the other hand, if you have already resigned, asserting your rights may be in jeopardy. Therefore, you would do well to contact an attorney who can evaluate your case and help you take the appropriate next step as soon as possible. Our experienced team of employment lawyers is here to help.

California update on laws related to wages and employment

The ordinances will make it much more difficult for employers to resist paying workers what they are owed under California law. 

SB 572 now covers the collection of wage and hour awards 

The update made to SB 572 makes it easier for employees to collect what they are owed under the wage and hour law. Under this new law, the California Wage Commissioner can intervene on behalf of workers and impose an asset lien when an employer violates employees’ wage and hour rights. 

This same law will also make it possible to place a lien on assets to recover an amount equivalent to the fines that the company owes to the Labor Commissioner. 

Now wage theft can lead to criminal liability

A recently passed California law, known as AB 1003, has gone into effect as a measure to criminalize employee wage theft. This takes into account that an employer has intentionally underpaid. AB 1003 also covers gratuities or tips that are not fairly distributed among workers who are required to receive them in addition to their base wages. 

AB 1003 defines wage theft as the intentional withholding of wages, gratuities, benefits (such as meal and rest breaks or vacations), or other forms of compensation through the use of illicit techniques. If this law is violated by an employer, the penalty may be considered under the category of grand theft if more than $950 is stolen from a single employee or $2,350 in total from two or more employees.