201410.24
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Effective January 1, 2015 “Abusive Conduct” in the Workplace Will Be Defined

In California, new legislative standards on “abusive conduct” under AB 2053 will become effective January 1, 2015. The law will require employers having 50 or more employees operating in California to include as part of the anti-harassment training to supervisors every two years (Gov. Code §12950.1) “prevention of abusive conduct” training.  “Abusive conduct” means “conduct of…

201410.23
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California Law Protects All Employees, Regardless of Immigration Status, From Discrimination, Harassment, and Retaliation in the Workplace

By Jenna M. Rangel, Esq. Federal immigration law prohibits the employment of “unauthorized aliens” in the United States; but the reality is, there are over 1.85 million undocumented workers in the California workplace. That’s nearly 10% of the total workforce who, unfortunately, experience workplace violations to a higher degree than most. This is in part…

201405.16
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California Employment Laws Protect A Mother’s Right to Breastfeed

California law protects a mother’s right to breastfeed by ensuring nursing mothers have time and space to express breast milk at the workplace, and by prohibiting discrimination and harassment on the basis of breastfeeding. Under California law, “every employer, including the state and any political subdivision, is required to provide a reasonable amount of time…

201405.12
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Supervisors Can Be Liable for Harassment and Retaliation

In California, employers aren’t the only ones who face liability for harassment, including sexual harassment, and retaliation in the workplace. Individual supervisors are also liable for their own harassment and retaliation against employees. The law regarding sexual harassment makes employers strictly liable for sexual harassment committed by a supervisor. Therefore, it is important for employers,…

201404.25
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California Law Protects Victims of Same-Sex Sexual Harassment

It is a common misconception that sexual harassment in the workplace only occurs between men and women. In California, same-sex and opposite-sex sexual harassment are equally prohibited under the Fair Employment and Housing Act, Government Code §12940 et seq. A recent case, Lewis v. City of Benicia, illustrates this point. The employee, Brian Lewis, was…

201401.31
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Wages Earned From an “Inferior” Job May Not Be Used to Mitigate Damages in Awarding Lost Wages in a Wrongful Termination Case

Employee, Alfredo Villacorta, sued his employer, Cemex, for wrongful termination.  Villacorta remained unemployed for about eight months, at which point he found a job that paid him more than he was making with Cemex.   At trial, many months after Villacorta found the higher paying job, in closing argument Villacorta’s attorney only asked the jury for…

201401.10
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Ninth Circuit Approves $697,971.80 Attorney Fee Award Even Though Jury Awarded Employee Damages of Only $27,280

Kim Muniz sued her employer United Parcel Service, Inc. (“UPS”) in California State Superior Court for employment-related discrimination in violation of California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code §12900.  UPS removed the case to federal court.  The case was tried to a jury who returned a verdict in Muniz’s favor finding that…

201401.06
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New California Employment Laws for 2014

A host of new employment laws take effect in 2014, many of which went into effect on January 1, 2014. Below is a summary of a few of the new laws affecting the employment arena in 2014. Sexual Harassment Definition SB 292 amends the definition of harassment to clarify that sexually harassing conduct does not…