201602.12
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Legal Woes of Valentine’s Day in the Workplace

On February 14, 2016, the day of romance is bestowed upon us. While the precise origins of Valentine’s Day, also known as Saint Valentine’s Day, remain murky, February 14 has become synonymous with romantic love.  The day is celebrated with the exchange of candy, flowers, gifts and cards between loved ones. While love is in…

201412.17
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Overview of New 2015 Laws Affecting California Employees

The CalChamber Employment Law Counsel recently published a white paper, titled “An Overview of New 2015 Laws Affecting California Employers.” The white paper identifies some of the noteworthy new employment laws from the California Legislature.  The range of subject matters the new laws affect include: (1) Discrimination, Harassment and Retaliation Protections; (2) Leaves of Absence; (3) Wage…

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…

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,…

201405.02
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Men Can Be Victims of Sexual Harassment in the Workplace

In a common sexual harassment scenario, a male supervisor sexually harasses a female subordinate by making sexually explicit comments, touching her inappropriately, or engaging in other harassing behavior. But sexual harassment isn’t just a “women’s issue.” Men are frequently victims of sexual harassment in the workplace, and California and federal law protect men and women…

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…

201312.03
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New Bill Clarifies Protections for Victims of Sexual Harassment in the Workplace

Victims of sexual harassment in the workplace have gained greater protections thanks to a bill signed by Governor Jerry Brown earlier this year. Senate Bill 292 (“SB 292”) clarifies that for a harasser’s conduct to be considered “sexual harassment” under California law, the conduct does not need to be motivated by sexual desire. California’s Fair Employment and…