California has extensive laws and regulations governing workplaces and labor. As of January 1, 2024, the minimum wage in California is $16 per hour. Additionally, employers are required to provide breaks for workers. When employees work more than five hours a day, a 30-minute meal break must be provided during that time frame.
Paid sick leave is another right workers have under state law. Sick leave must be made available to anyone who has worked at least 30 days within one year. Workers are also protected from harassment and discrimination. This includes age discrimination.
One of the most important protections workers enjoy in the Golden State is the right to overtime wages. Overtime is calculated at 1.5 times the worker’s regular pay rate, meaning anyone making minimum wage earns $24 per hour during overtime. Workers have the right to be fairly paid for every minute they work, including for any pre-shift and post-shift duties.
There are several situations in which you may need the legal help of an unpaid overtime attorney in San Diego, CA. One of the most serious violations that can occur in the workplace is an overtime violation. If a worker puts in more than eight hours of labor during a day or more than 40 hours during the week, that employee is entitled to overtime.
Sometimes, managers may make the mistake of not counting every hour worked. This may be done under the guise of off-the-clock work. One example is an employer expecting the worker to perform work-related activities outside of business hours. If you have been required to work outside of normal work hours, you may be entitled to overtime for those tasks.
Overtime violations may also result from improperly calculated overtime. Any time spent working in addition to eight hours per day or 40 hours per week should be compensated at 1.5 times the worker’s regular pay.
An employer may also violate overtime laws by misclassifying an employee as exempt from receiving overtime. If you have experienced any of the violations mentioned, you can consult with a California overtime lawyer to better understand your rights and potential legal actions under California’s employment laws.
Many workers may feel reluctant to speak up about overtime violations, but overtime laws are intended to protect all workers. Worker retaliation is illegal in the Golden State. Your boss cannot take retaliatory actions against you simply because you exercise your rights by filing a wage and hour claim.
Legal representation allows your attorney to act on your behalf and in your interests. Any employer who retaliates against you could be subject to penalties, meaning that misconduct could result in additional damages being awarded to you.
Hiring a California overtime lawyer is a critical step because overtime wages are a right and not a privilege. When a boss or employer fails to honor this right, the results can have detrimental consequences for the worker’s personal and professional life. If you seek the legal counsel of an experienced employment attorney, they can investigate your case and file complaints as needed.
In many cases, the complaints can be settled outside of court through monetary compensation and assurances that future overtime violations will not occur. If your case requires active litigation, an attorney can fight to protect your rights while seeking just compensation for your lost wages through the court system.
A: California’s overtime laws are clear, although there are exceptions. Most workers, both in the public and private sectors, are entitled to overtime wages if the worker puts in more than eight hours during one day or 40 hours during one week. Wages must be calculated accurately, and any tasks performed before and after regular work hours must be included in those calculations.
A: Effective January 1, 2024, the minimum wage was raised to $16 an hour. SB 616 enhances the state’s paid sick leave law. Employers must now frontload 40 hours or five days of paid sick leave at the beginning of each year. The previous laws required frontloading of 24 hours or three days per year.
A: No. Under the Fair Labor Standards Act, paid time off does not count toward overtime. PTO does not fall under the definition for hours worked, according to state laws and the Fair Labor Standards Act. Therefore, employers do not need to consider PTO when calculating a worker’s hours during a day or week.
A: No. Employers are barred from withholding overtime for any employee who works more than eight hours within one day. Any time spent working after eight hours must be compensated at 1.5 times the worker’s normal wage. Any work performed after 12 straight hours must be compensated at twice the worker’s wages.
The Law Office of Frank S. Clowney III is here to protect your work-related rights. Our legal team has successfully litigated on behalf of clients who were not properly paid for their time on the clock. If you believe you are not being paid fairly for your work hours and are possibly due additional wages, we can assist you.
California’s overtime laws are clear. Any employer who does not compensate workers for tasks performed before and after regular work hours may be in violation of overtime laws. If you are the victim of an overtime violation, don’t hesitate to protect your rights. You may be entitled to compensation for your lost wages. The Law Office of Frank S. Clowney III can fight for your rights, so contact our office today to schedule your consultation.
]]>To ensure that every California resident can gain employment without being mistreated, the wage and hour laws of the state were designed to govern all aspects of work and compensation. They have historically been pivotal in helping maintain a balanced and fair relationship between all employers and employees in the state. Some of the most critical of these laws include:
At the core of California employment law is the topic of minimum wage. This is the baseline hourly rate that an employer must pay their employees. As different factors change, such as the cost of living and economic conditions, the rate will change periodically to keep up. It’s crucial for employers to stay on top of when these adjustments occur, as paying an employee less than the minimum wage is cause for penalty.
Overtime compensation is another example of an important topic in wage and hour laws. California requires employers to pay their hourly employees 1.5x their traditional rate of any extra hours worked once they have hit 40. If the hours go beyond 50, it is then considered ‘double overtime,’ which comes with an even higher minimum hourly wage.
These rules are to make sure that employees are fairly compensated for all the extra work they have agreed to take on. This protects them from any instances of being exploited to work longer hours, which could lead to exhaustion and burnout.
Within the same vein as preventing exhaustion and burnout, the law also regulates meal and rest breaks. Employers in California are required to provide a combination of paid and unpaid rest breaks at specific intervals, depending on how many hours an employee is working on a particular day. If there is any evidence that an employer has violated this mandate, they could face penalties.
The state of California has introduced some exciting updates to the wage and hour laws that will begin in 2024. These changes are intended to make it easier for workers to file specific employment law violation claims by giving them more time to do so.
If you discover that your employer has neglected to pay for your overtime hours when they should have, you now will have four years to file the claim instead of just three. This extra year is an acknowledgment that it can be hard to know if you were supposed to actually get overtime pay if your work hours frequently change.
Just like missing out on overtime pay, an employee sometimes realizes years later that they were paid less than what their employer is legally required to pay. In these instances, employees now have four years to come forth and make a case to seek compensation for the missing wages.
The timeframe to hold an employer accountable for not providing adequate meal and rest breaks has been bumped up to three years. The most compelling evidence to prove that your employer has neglected this requirement is by sharing your time records.
Sometimes, an employer will purposefully label an employee as an independent contractor to avoid some of the traditional expenses that come with hiring a full-time employee, such as healthcare benefits. California employees now have four years to reclaim the benefits they lost from this unlawful behavior, which could have had a dramatic negative impact on their ability to support themselves in the past.
A: California employers are expected to correct any mistakes found in their payroll immediately upon discovery. There is no official law that mandates this, but the general guidelines suggest that the issue should be rectified by the next pay period upon notice.
If the employer realizes that the error results in a significant underpayment, it is advised to act quickly to avoid any scenario where it could seem like they were trying to cover up the mistake to avoid a potential claim. As an employee, be sure to report any payroll errors you notice as soon as you can.
A: Yes, California employees do have legal authority to sue their employer if they have compelling evidence to do so. This could include common issues such as not receiving minimum wage, unpaid overtime, or even being denied legally mandated break time.
Even if you are certain that you have a case, it is recommended to consult a wage and hour attorney. Depending on the severity of the accusation, they may either engage your employer directly or pursue an official claim. They can also help file a claim with the California Labor Commissioner’s Office. This can ensure that everything is documented properly, including the evidence needed to prove your accusation.
A: Hourly wages, salaries, commissions, and certain bonuses are all covered under California’s wage and hour laws. These laws ensure that employees:
They are also responsible for addressing issues like equal pay for equal work and the different rules for deductions from wages. Understanding the different wages and applicable employment laws can help you determine if your wage rights are being respected or violated.
A: Most employees in California have a legal right to obtain overtime pay for extra work, but not all do. In general, non-exempt employees must receive overtime pay for any hours worked over 8 in a single day or 40 in a week. Exempt employees who are paid on an annual salary basis, rather than hourly, do not qualify for mandated overtime pay.
This is why understanding your employee classification and ensuring that your employer has properly labeled you as such is critical for taking advantage of all your employment rights.
If you believe that your employer has violated wage and hour laws in California, contact our attorneys today. We take great pride in restoring justice for our clients and would be pleased to do the same for you.
]]>Before explaining how overtime is calculated, it is important to understand who is eligible to receive overtime pay in any capacity. Most employees with a traditional employment relationship with an employer are protected under federal and state overtime laws, with a few exceptions:
Independent contractors are not eligible for overtime pay and are not protected by either federal or state employment laws. However, it is important to understand your employment status because many employers will misclassify their employees as independent contractors to avoid paying them overtime or giving them mandated breaks. If you are unsure about your employment status and access to benefits, contact a wage and hour attorney.
Overtime is typically calculated as 1.5 times an employee’s standard rate of pay. This rate applies to any employee who:
In certain extreme cases, overtime pay is paid as double time, which is two times an employee’s standard rate of pay. This rate applies to any employee who:
In this context, a workweek is dictated by the employer. They are allowed to state what day a work week starts. If an employee has not worked every day in that work week, then they are not eligible for double time.
Some employers are allowed to dictate alternative workweeks in which their employees are allowed to work up to ten hours in a workday. This is common in the healthcare field.
In some cases, employees are allowed to receive paid time off instead of overtime pay. This is called compensatory time, or comp time. This is meant to be used in irregular circumstances. If an employee is eligible for overtime pay, their employer cannot force them to receive comp time instead of overtime pay, but the employee can request comp time instead if they want to.
In order for an employee to be eligible for comp time, they must be scheduled to work for at least 40 hours per week and cannot already have more than 240 hours of additional comp time. If the employee wants to request comp time, they must submit a written agreement to their employer before they work the hours that make them eligible for comp time. If this is approved, an employee is given 1.5 hours of paid time off for every hour of overtime worked.
A: Employees working more than eight hours in one day, over 40 hours in one week, or for seven consecutive days in a row during a work week are entitled to 1.5 times their standard rate. If an employee works for longer than 12 hours in one day or works for longer than 8 hours and has worked for seven consecutive days in a row during a work week, they are entitled to two times their standard rate.
A: Firstly, a worker must be considered an employee to receive protection from California’s overtime laws. This means that independent contractors do not qualify for overtime pay. Both salaried and hourly employees qualify for overtime pay unless they are an exempt employee. Certain employees are considered exempt, like executives, administrative workers, salespeople, live-in healthcare workers, summer camp staff, and nursing home managers.
A: The 8 and 80 rule specifically applies to hospital and residential care employees. These employers can use a 14-day consecutive work period instead of the standard 40-hour week. Under the 8 and 80 rule, an employee may receive overtime pay if they work over 8 hours in a workday and if they work more than 80 hours in a 14-day work period. An employee is beholden to one of these schedules and cannot change between the two.
A: Senate Bill 616, drafted by Senator Lena Gonzalez, was passed in California and goes into effect on January 4, 2024. Under this new law, employers are required to provide their employees with at least five sick days a year that are compensated. Before the new law, employers only had to provide them with three days. This law is unique to California and 15 other states that have required paid sick day laws in place.
Many workers do not understand their rights to overtime pay. If you believe that you are not receiving the overtime pay that you are entitled to, contact The Law Office of Frank S. Clowney III to review your legal options. Don’t let powerful businesses intimidate you into not pursuing the money you are owed.
]]>One of the distinct features of California’s labor law is how it prioritizes an individual being financially supported as they are forced to transition their career to another business. To ensure employees are protected even when they’re terminated, California law has requirements based on two factors.
This combination of promptness and flexibility reflects how, in its labor laws, California prioritizes the financial security of its employees throughout the state.
If an employee has decided to resign from their position at their own will, California also gives direction to this experience based on the timing of their resignation.
Wage and hour law is explicit on what should be included in an employee’s final paycheck, whether they leave at their own will or have been lawfully let go. All wages earned up to the last day of employment must be included. This also includes any accrued vacation days or unused PTO that the employee earned through their employment but never took before leaving. Rather than having the time off, employees instead accept what they would have made for those days.
The only deductions that are allowed to be taken from this final paycheck are legally permitted deductions, like tax withholdings or anything that has been ordered by a court, such as child support or anything else ongoing in another legal case.
A: California employees have the right to receive timely wages while also working in a safe environment that is free of discrimination and harassment. They are also entitled to various meal and rest breaks during work hours, in addition to other benefits such as sick leave and overtime pay when applicable.
When being terminated from your position or formally resigning to move on, employees in California have a legal right to receive their final paycheck on time. Any violations of these conditions can be met with legal recourse by working with a Carlsbad employment attorney.
A: Yes, there are additional penalties an employer will face if they have delayed your final paycheck past the time it is legally due. This is called a “waiting time” penalty. It constitutes your daily wage rate for each day the payment is delayed up to 30 days. This rule is set in place to motivate employers to take the final paycheck law seriously by making it more expensive on their part to delay the process.
To ensure you collect every last dollar you are entitled to, having an employment lawyer review the scenario can possibly uncover other penalties you may be owed.
A: Depending on the specific nature of your role, there could be certain rules in place. For example, a commissioned salesperson may have a different timeline for their true final paycheck, given the nature of how much time is needed to calculate their final commissions. Within the union sector, valid collective bargaining agreements could also outline different terms of payment experience upon termination.
To ensure your employer is not taking advantage of the situation or overlooking how much and when you should be paid, share every detail with your attorney as the process is happening.
A: If you have not received your final paycheck within the required timeframe, first check in with the company’s Human Resources department. If you cannot resolve the issue in a timely manner through that channel, you can work with an attorney to file a claim with the California Labor Commissioner’s Office.
In collaboration with your legal team, that office will investigate the issue and strive to recover all unpaid wages you are lawfully owed. This will include any penalties the employer may face due to the delay.
If you have not received your final paycheck or believe your employer is trying to avoid penalties by not following these rules directly, contact The Law Office of Frank S. Clowney III as soon as you can.
Final paycheck laws are clear to follow and intend to preserve as much financial security as possible for California employees as they advance to their next job opportunity. You do not need to suffer alone from an employer unlawfully delaying money that is rightfully yours. Take legal action today.
]]>While this arrangement can sometimes be a win-win, offering flexibility for both parties, other employees are sometimes deliberately misclassified. This is usually done in an effort to avoid paying these workers the benefits that would otherwise be mandated by state law, federal statutes, collective bargaining contracts, or corporate policies regarding direct employees. Working as an independent contractor can unfortunately deprive workers of important protections and benefits.
If you suspect that you are being misclassified as an independent contractor at your California job, you’re unfortunately not alone. Thankfully, you have recourse, and the employment law team at The Law Office of Frank S. Clowney III can help you seek it.
In California, a method known as the “ABC test” is used to determine whether a worker is an employee or an independent contractor. Here are each of the three criteria and how they’re assessed:
The ABC test is a powerful rubric that can be used to help identify the misclassification of workers. It is important to recognize, however, that labor laws can be incredibly complex and are subject to the circumstances of each individual case. For help determining whether you are being misclassified at your job, contact The Law Office of Frank S. Clowney III to set up a consultation.
If you have considered the ABC test, or consulted with a California employment attorney, and believe that you are being misclassified, you may be able to seek legal recourse. You may even be entitled to a settlement or judgment to compensate you for any benefits that were illegally withheld from you. Here is an outline of how to hold your employer accountable for illegal misclassification and set yourself on the path to justice:
A: If your employer is found to have misclassified your work, they may be legally obligated to pay you for any overtime and other state-mandated benefits. The exact punishment for misclassifying employees will depend on which state agencies get involved in your case and the extent of your employer’s violations and any other misconduct toward you.
A: The exact punishment for misclassifying employees can depend on which state agencies get involved and the extent of the violations in question. At the least, employers will be compelled by law to provide misclassified employees any back pay that would be equivalent to the benefits that have been illegally withheld.
A: Yes, but you may wish to consult with a reputable employment lawyer before proceeding. In some instances, filing one or more reports or claims with the state Labor Commissioner’s office, the California Department of Industrial Relations, and/or the Employment Development Department may be required before proceeding with a formal legal claim.
A: An employee who has been misclassified as an independent contractor by a California business has 3 years from the time of the last offense, i.e., their most recent date of work for that employer, to file a claim. If the case includes a written employment contract being breached, the statute of limitations can be extended to 4 years. Note that this is for filing a civil suit against your employer. Individual state agencies may have their own specific rules and deadlines.
If you believe that your employer is misclassifying you as an independent contractor to avoid paying you state-mandated benefits, protect your rights with powerful legal representation from the employment law team at The Law Office of Frank S. Clowney III. Contact us today to set up a consultation.
]]>Perhaps the single most important thing to remember is that the EEOC is a federal entity, established under the landmark Civil Rights Act of 1964. This means that the EEOC protects all Americans from being discriminated against at work based on protected characteristics like their race, religion, gender, or nationality–not just residents of California.
The DFEH, on the other hand, is a state-level entity existing in California. This means that they are in charge of enforcing applicable state laws (notably the Fair Employment and Housing Act, through which the agency was created) and pursuing enforcement actions against violators within the state of California.
Key Differences Between the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing
There are several important differences between these two agencies. Understanding these distinctions is crucial when you are attempting to pursue a claim against an employer who has violated harassment or discrimination laws.
The major differences between these two agencies include:
A: The most important difference between the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC) is that the DFEH is a state agency that has jurisdiction over California employers. In contrast, the EEOC is a federal agency that protects all American workers under the terms of the Civil Rights Act and other nationwide employment regulations.
A: The Department of Fair Employment and Housing, or DFEH, can be thought of as a “California version” of the EEOC. It is important to remember that there are differences between the two agencies, however. Some of the most important differences include increased protections for certain individuals, protections for people who work for smaller companies, and a longer statute of limitations.
A: Each employer is actually free to customize the language in their own EEO statement to suit the specifics of their operation. It typically includes language reinforcing the company’s commitment to being an equal-opportunity workplace free of discrimination. While employers can each draft their own EEO, they often include very standardized statements from one company to the next. One example would be a statement that reads, “Applicants will be considered for employment without attention to race, color, religion, sex, sexual orientation, gender identity, national origin, veteran or disability status.”
A: FEPA stands for Fair Employment Practices Agency. While this might sound like another federal agency (like the EEOC), there are actually multiple FEPAs operating throughout the country. Instead of asking how FEPAs and the EEOC differ, it may make more sense to understand how exactly they work together. The EEOC counts on the various FEPAs that they contract with to help them process claims and pursue enforcement actions against employers charged with violations.
Understanding the many nuanced differences between the federal EEOC and the state DFEH can be a daunting task, but it is essential for those seeking to bring claims against an employer. Thankfully, safeguarding your rights as a working Californian is not a fight that you have to enter into alone. At The Law Office of Frank S. Clowney III, we are ready to guide you down a path from discrimination to justice. With knowledge of both federal and California state employment laws, we’re ready to provide compassionate guidance and detailed legal strategies to the working people of California. Please contact our San Diego offices today to set up an initial consultation.
]]>You do not automatically have paid sick leave when you are hired by an employer in California. Rather, you must either accrue it or earn it through hours spent working with a qualifying Californian employer. In California, the accrual of paid sick leave hours is fairly straightforward and works as follows:
The combined effect of these two rules is that someone must be on the job with a company for at least 3 months, and work at least 30 shifts within those 3 months, to be eligible to use their state-mandated paid sick leave benefits.
Once eligible, employees receive a minimum of 24 hours (or three full workdays) of paid sick leave per year. Workers who need to take a longer hiatus are also guaranteed 12 weeks per year of leave under the state’s recently expanded CFRA (California Family Rights Act), so long as they meet the minimum criteria for that program (12 months and at least 1,250 hours with the same employer). CFRA leave is unpaid, but it still protects your job when you need significant time off for extended illnesses or parental leave.
It is important to note that some companies may offer enhanced sick leave packages on a case-by-case basis as a way to attract high-quality candidates. If you are a member of a labor union, it is also fairly likely that your collective bargaining agreement contains expanded sick leave benefits. Senior full-time employees at some companies enjoy a week or more of flexible sick leave, so it’s definitely worth checking the specific terms of your employment–don’t assume that you only have the minimum 24-hour benefit available. The employment law team at The Law Office of Frank S. Clowney III can help you understand the exact terms of your employment contract. We can also determine if your employer owes you additional leave beyond what is promised by state law.
The specific procedures required to claim your paid sick leave hours will vary a bit from business to business, so check with your employer’s HR representative to go over the specifics of using paid sick leave. It should generally be a very straightforward process of simply notifying the correct resource at your employer that you are taking a paid sick leave day. If you feel that your employer’s rules concerning paid sick leave are overly restrictive, confusing, or cumbersome (or if they fail to pay you for a paid sick leave day) you may want to speak with an attorney. The Law Office of Frank S. Clowney III can help you determine if you have a viable case through a no-pressure consultation.
Paid sick leave can be used for a broad range of health-related issues, such as:
Understanding your rights (and responsibilities) concerning paid sick leave laws in California is crucial for every working Californian. While we don’t like to think about it, we all have health or family issues that need to be dealt with sometimes. When this happens, you should be able to easily access the rights (and pay) that you are guaranteed under state law. When this doesn’t go smoothly, you may need to explore your options for legal recourse. The Law Office of Frank S. Clowney III is here to help.
A: Some of the basic rules governing your guaranteed paid sick leave as a worker in California include:
Your paid sick leave benefit should be 24 hours (i.e., three work days) per year at minimum, though many employers offer more. If you have other, specific, questions about the rules for paid sick leave in California (or how to take action if your employer violates them) please contact The Law Office of Frank S. Clowney III for a no-pressure consultation at your earliest convenience.
A: There are two key changes to family leave laws in California in 2023:
A: Sick leave and other state-mandated benefits for workers are often a topic of debate among politicians and societal influencers. There have been bills introduced in the California legislature that would, among other things, expand paid sick leave to seven days. Although these important protections may be enhanced, it’s important to operate under the laws as they currently exist.
A: California’s Family Rights Act (CFRA) was recently expanded to cover many more employees. Previously, only employers with 50 or more workers were subject to this law. Now, any operation with 5 or more employees must offer up to 12 weeks of unpaid leave for things like the birth of a child, caring for a sick family member, or being called up for military service.
Trying to understand all the complexities and nuances of California’s Paid Sick Leave law can be incredibly confusing. Thankfully, you don’t need to go into this process alone. If you’re unsure about your paid sick leave rights or how to exercise them, or if you believe that your employer may be violating them, The Law Office of Frank S. Clowney III is available to help.
With a wealth of experience and a firm commitment to serving the working families of California, our team can guide you through the complexities of the paid sick leave law in California. We can ensure that you are able to use your state-mandated benefits and that you are fairly compensated for any violations by your employer. Contact us today to schedule an initial consultation and learn how we can help.
]]>This arrangement is necessary for many jobs with late or long shifts, and it does have flexibility benefits. However, it can also restrict an employee’s free time. In some cases, it restricts their time enough that they legally deserve compensation for on-call or standby time. This may even contribute to overtime hours. It’s essential that employees get the compensation they deserve for their time.
An on-call employee is legally entitled to pay if they are engaged to work and their time is subject to their employer’s control. An employer is not required to pay an employee their standard rate for on-call compensation, but the pay can’t be less than the minimum wage.
An employee may be engaged in personal activities during their on-call time, but this doesn’t automatically mean they don’t deserve compensation for that time. Whether or not an employer has significant control over an employee’s time depends on several factors as determined by the court:
Determining when an employee’s time is compensable depends on the specifics of their situation. If on-call time should be compensated, then it must be paid at least minimum wage and included in overtime calculations. However, on-call time that is not compensable does not count toward these hours.
On-call and standby times are often necessary in fields with unusual hours or long shifts. For example:
In most of these situations, employees are not able to use their time for what they want, so their on-call time must be compensated.
A: When an employer has a significant amount of control over what an employee does with their on-call or standby time, then the employee deserves compensation for those hours. Significant control is determined based on how much of the time the employee has to complete personal activities, whether they are required to stay on-site or if they have to stay within a certain distance from the job site. Though the employee doesn’t have to earn their regular rate of pay for standby or on-call time, they do have to get at least minimum wage.
A: On-call workers are generally employees who work odd hours. They may not be actively doing work, but they have to be available at any moment for work-related duties. On-call professions include healthcare workers or firefighters who must remain on the job site when they’re not working. It also includes nurses or professionals who have to remain nearby and available in case they are called into work. If an employee must remain on-site or has a short time frame in which they have to be available, they may deserve pay for their on-call hours.
A: California labor laws in 2023 raised the state minimum wage to $15.50 for both large and small employers. It also expanded retaliation protections for employees in emergency conditions. New laws also changed how overtime pay was calculated for agricultural employees, added bereavement leave as a form of protected leave, and increased the required pay reporting transparency for employers.
A: An employee who is on-call or on standby is doing the same thing under California employment law. Each refers to an employee who works odd hours and must be available to work at any moment, but they are not actively working. However, employees who are unable to use their on-call or standby time as their own are owed compensation for that time.
If your employer won’t pay you the wages you have earned, a San Diego employment attorney can protect your worker’s rights. Contact The Law Office of Frank S. Clowney, III today to see how we can help you.
]]>At both the federal and state levels, there are many different laws that have been established to protect pregnant employees. If you are pregnant, it is vital that you know your legal rights under these laws.
The federal Pregnancy Discrimination Act does not allow anyone to fire or treat an employee differently because they are pregnant, have given birth, or are experiencing a related medical condition. Also, the Family and Medical Leave Act gives employees as much as 12 weeks of job-protected, unpaid leave per year for these same pregnancy-related conditions. It is a comforting protection that many expecting and new parents rely on.
There are even more laws in place for California residents that protect pregnant employees. The California Fair Employment and Housing Act echoes the PDA by prohibiting pregnancy discrimination but also requiring employers to reasonably accommodate pregnant employees. For example, employers may need to modify work duties or provide more frequent breaks. The California Family Rights Act (CFRA) supplements the FMLA by also offering 12 weeks of job-protected leave. This time can be used for baby bonding.
Being fired for missing work due to pregnancy can be distressing. It is also unlawful, and you are entitled to fight back. If you think you might be fired:
A: In 2024, California offers two types of leave related to pregnancy: Pregnancy Disability Leave and California Family Rights Act leave. PDL offers up to 4 months (17 1/3 weeks) if you’re disabled due to pregnancy, childbirth, or related conditions. After childbirth, if you’re no longer disabled, you can take CFRA leave for baby bonding, which is an additional 12 weeks. This means you could have up to 7 months of leave. It is a generous and comforting protection that gives parents enough time to set their families up for success with their new addition.
A: To qualify for pregnancy disability leave in California, you must work for an employer who has five or more employees on the payroll. That is just the bare minimum requirement. You may also be facing some sort of impairment from your pregnancy or any new condition from childbirth. This could be because of a complication due to pregnancy or a need for prenatal or postnatal care. Once your doctor’s note is received, your employer must grant you PDL. To many people’s advantage, there is no minimum hours worked requirement to qualify for PDL. However, your healthcare provider will be required to certify the duration and reason for your leave.
A: You can’t be fired for being sick due to pregnancy. This is a normal response to being pregnant, and each individual’s sickness during the process varies. If your pregnancy does cause an illness that completely prevents you from continuing to work, it could be considered a disability under the Pregnancy Discrimination Act. At this point, your employer must provide a reasonable accommodation that respects your condition. This could include allowing you to take time off work.
A: While you’re on a legally protected leave, you can feel comfortable focusing on your family while knowing that your job is protected. This means your employer must return you to the same or comparable position when you’re ready to return to work. While you are away, it is common practice for your employer to assign someone else to perform your duties in the interim. This should not cause any concern. They need to keep operations running while you are away, and the job should be waiting for you upon your return.
If you have any lingering confusion or concerns about pregnancy discrimination, you should contact The Law Office of Frank S. Clowney III. We have been dealing with the traditional fears that come with pregnancy discrimination for many years. Contact us today.
]]>An example of logical reasoning would be to award a promotion to one sales representative who reached their quota over the others who missed the mark. This would not be a disputed decision, as you can clearly lay out the expectations of their role and show how only people who reach pre-determined metrics will be granted a raise.
However, there would be a concern for favoritism if the sales rep who reached their quota did not get a raise and, instead, a different rep was promoted who missed their quota but had a close relationship with the supervisor. This is when the situation can get suspicious and be flagged as an act of favoritism over merit.
Being able to identify and report any acts of favoritism in the workplace can have a huge influence on maintaining a positive corporate culture. When it goes unnoticed, or is purposefully allowed, it can create a toxic work environment that lowers employee morale and hurts organizational performance. Here are some ways to address the issue:
A: Any major company needs a variety of reputation management tactics in place to keep employees satisfied with their work while also attracting new talent to the organization. When word spreads that favoritism is prevalent in an organization, and it goes unaddressed, it can have a dramatic effect on the people of the organization. You could start to see a dip in new applications for roles, or people who have traditionally outperformed in their roles begin to care less and just move through the motions, as they no longer see a viable connection between their ability to outshine in the company and being recognized for their effort.
A: Favoritism that goes unchecked can create serious psychological burdens for those who are in the unfavored pool. It can lead to different symptoms that are similar to those seen in cases of workplace bullying. For example, an employee can feel a sense of constant stress and anxiety when they are trying to perform well but are still being overlooked for either large-scale promotions or even the daily “good work” comment from a supervisor. This dramatic reduction in satisfaction with their role can even spiral to a level of depression that can lead to burnout and eventually their decision to leave the company. This is not an effective talent management strategy and can cost the company time and money in the long run.
A: No law directly calls out favoritism by name, but that does not mean it is unaddressed by the law. For example, Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act offer protection from discrimination. These laws do not allow an employer to make personnel decisions based on protected characteristics such as someone’s race, national origin, or sexual orientation. When someone is favored in the workplace, it could be because the supervisor making those decisions is operating from their own biases and favoring someone who looks or acts like them. This is not appropriate and has the support of these laws to protect the employee.
A: Reporting the alleged incident with evidence is the most compelling way to start proving unfairness at work. This is the information that corporate leaders and attorneys will rely on to investigate the situation. They can investigate these documented accounts to see if they can find other areas within the business where this pattern exists. Drawing connections between these incidents can help make the case that favoritism was occurring. If there are any internal witnesses to the act of favoritism who agree with your accusation, you will want them to be vocal about their account of the situation as well. The more people who can speak to the same experience, the stronger the accusation will be.
If you are suspicious of favoritism at your workplace today, and would like to explore filing a complaint, connect with the employment law attorneys at The Law Office of Frank S. Clowney III today. We have spent years uncovering these unfair practices and supporting those who have been wronged by their employers. Let us help restore your trust and faith in the workplace. Contact us today.
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