Employment Law Articles

Discover and learn the latest valuable employment law articles for ideas, practical information, and DIY from a network of leading business and corporate lawyers.

Learn more about: Business | Corporate | Employment Law

EEOC Complaint Process

Before filing an EEOC complaint, employees should understand the entire EEOC complaint process. This article answers many Frequently Asked Questions on the EEOC complaint process.

Do guys get paid paternity leave?

A father is eligible for paternity leave if three conditions are met: 1) welcome a new child within the first twelve months; 2) Paid into the State Disability Insurance; 3) Has not taken more than eight weeks of paternity leave in the past twelve months.

California PTO Payout Law

California law declares vacation time to be earned wages, and vacation time is accumulated as work is performed. So, an employee who has the right to ten days of vacation per year will after six months of work earn five days of vacation time.

Suing For Unpaid Wages California

It is totally unfair for an employee to work and not get paid; employees have bills and rent to pay. Employees suing for unpaid wages in California can get help from an employment attorney.

What is a demand letter?

A demand letter is a letter that is commonly written by a lawyer on behalf of a client setting forth facts supporting a demand for money. A demand letter is usually the first step in resolving a dispute between two opposing parties.

EEOC Discrimination

Learn about the various types of EEOC-prohibited discrimination. The EEOC protects employees from discrimination based on gender, race, ethnicity, gender, religion, national origin, age, disability, etc.

Standard PTO Policy for Small Business

A standard PTO for small businesses depends on the years an employee worked for the company. On average, the standard PTO for one to five years is ten days and six to ten years averages fifteen days.

Retaliation for Reporting Harassment at Work

An employer who punishes an employee who reported sexual harassment in the workplace violates state and federal law and is liable for retaliation. Examples of retaliation include demotion, fewer working hours, segregation, or termination.

Obscene and Sexual Gestures a Work

We're not talking about the ubiquitous middle finger that says fuck you. Obscene and sexual gestures at work may include two fingers in a V shape, with a tongue in between. 

What Is Quid Pro Quo Sexual Harassment and Hostile Work Environment?

Quid pro quo harassment involves job benefits tied to sexual favors. A hostile work environment stems from severe, unwelcome sexual conduct. Both disrupt work via unwanted sexual behaviors. However, quid pro quo is an exchange of work favor for sex, while hostile environments are broadly abusive.

Reporting Time Pay

Wages are what we mean when we use the term "reporting time pay." If employers do not pay all of this at the moment of an employee being terminated, there may be waiting time penalties involved.

What Are the Signs of a Toxic Coworker?

The 8 identifying traits of of a toxic coworker are: 1. The toxic coworker is often sarcastic. 2. The toxic coworker often insults and mock others. 3. The toxic coworker is selfish...

Two-Week Notice Letter: 9 Tips and 2 Templates

If an employee decides to resign from his or her job, it is normal and expected to provide their employer with two weeks’ notice. Regardless of why a person is leaving their job, it is considered professional to give their employer enough time to make plans to cover the absence.

6 Things to Know About At-Will Employment

“At-will” means that an employer can fire an employee for any reason at any time without getting into legal trouble. The exception is that the reason cannot be illegal in nature.

7 Things Women Should Know About Sexual Harassment

Sexual harassment is an umbrella term covering many forms of unwelcome verbal and physical sexual attention. Sexual assault, meanwhile, is physical sexual contact or behavior that happens without the consent of the victim.

How Long Is Maternity Leave in California?

Under California law, companies with at least five employees must provide new parents with 12 weeks of unpaid maternity leave. Similarly, companies with at least five employees must also grant up to four months of unpaid pregnancy-disability leave to workers who are unable to work due to pregnancy or childbirth.

10 Tips on California Law Expense Reimbursement Time Limit

Under California labor law, employers are required to reimburse employees for business expenses made during the course of their employment, so long as they are necessary and reasonable in nature. This means that an employer must pay an employee back for any financial losses the employee accepted as part of doing his or her job.

How to Find an Employment Lawyer

Often referred to as work lawyers, employment lawyers are attorneys who specialize in employment law and represent workers in all positions across many industries. In California, employment lawyers understand workers’ rights according to the state’s labor laws and can help wronged employees sue and seek damages for improper or unlawful treatment at a workplace.

4 Tips on Work Uniform Law

Any employer who does not reimburse employees' for work uniform expenses may result in an employee's lawsuit and over $100,000 in damages.

Do You Get Paid for Pre-Employment Training?

Employers are frequently sued for not paying employees for pre-employment training. There is no such thing as "pre-employment." All training are considered employment training.

4 Good Reasons for Missing Work and 3 Bad Reasons for Missing Work

Illness, family emergencies, and important appointments can happen without warning, and are legitimate reasons for missing work. There are also some bad, and unadvisable, reasons to miss work without notice. These reasons can appear unprofessional and irresponsible and may lead to consequences.

5 Steps on How to Call Off Work

Now and again, and employee will run into situations where he or she needs to miss work. Generally, employers understand when one of their workers needs to clock out early or miss a day on account of personal affairs, medical problems, or emergencies.

Can I Use My PTO Whenever I Want?

When it comes to using PTO, employees can generally use it whenever they want. That said, they must receive the approval of their supervisor first. At some companies, there are “blackout” periods, when no one at the company may take a vacation.

Can California employers force you to take PTO?

In industries that have seasonal business dips, it is common practice for employers to use forced vacations. Employers can also use forced vacations if they know that layoffs are approaching. They might do this to avoid paying out laid-off workers who still have unused vacation time.

Can an Employer Make You Use Vacation Days for Sick Days?

Under California law, workers are granted paid sick time that allows them to recover from illness or injury, get diagnosed, seek treatment or care, or to care for an ill family member that may need treatment, diagnosis, or care. Sick leave also applies to workers who are victims of sexual assault, domestic violence, or stalking.

6 Tips on Misclassification of Exempt Employees

Exempt employee misclassification occurs when an employer treats a non-exempt worker as exempt in order to deny that worker overtime, meal breaks, and rest breaks. An employer might misclassify an employee in order to save money while increasing productivity.

California Workplace Surveillance Laws

While it is common for California employers to use surveillance cameras in the workplace, certain kinds of surveillance are illegal under state law. The legality of surveillance cameras mainly depends on the location of the cameras and the purpose for their use.

What Happens if My Paycheck is Late in California?

Late paycheck law in California can be daunting, but understanding your legal rights can help. This article delves into the repercussions and solutions when faced with delayed wage payments in the California.

6 Tips on Verbal Abuse in the Workplace

Verbal abuse does not by law create a toxic work environment. Yelling about a protected group of people, such as women, Muslims, or Asians, could result in a lawsuit.

Can Your Employer Spy on You at Home?

Currently, the California Consumer Protection Act requires businesses to be transparent about the information they’re collecting on customers, how they get it, and how they plan to use it.

Can My Employer Deny My Vacation Request?

In general, an employee is required to provide basic information about his or her time off: When the employee will return to work; If the time off is related to vacation or illness.

How to Calculate Daily and Weekly Overtime in California

Most employers and employees do not know that an employee must be paid 1.5X their regular pay for standby time, unauthorized overtime, and working six per week. An employer who doesn't correctly pay employee overtime wages can be liable for millions of dollars in a lawsuit.

7 Tips Women Must Know About Sexual Harassment

A sexual harassment lawsuit can expose an employer to millions of dollars from an employee's lawsuit. If a situation occurs in which an employee is a victim of sexual harassment or witness it, it is essential that the employee file a written complaint as well as notify their managers/supervisors plus the human resources department.
2,409
© Copyright | Nakase Law Firm (2019)