Law Offices of Matthew G. English FindLaw IM Template2024-01-31T23:31:26Zhttps://www.mge-law.com/feed/atom/WordPress/wp-content/uploads/sites/1502427/2021/08/cropped-fav-icon-32x32.pngOn Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=470052024-01-30T23:31:35Z2024-01-31T23:31:26ZStandard work hours
The typical workweek for employees is 40 hours, with a standard of eight hours per day. If you are a non-exempt employee and you find yourself working beyond eight hours in a day or exceeding 40 hours in a week, you must receive overtime pay. This means compensation at a rate of 1.5 times your regular hourly wage for those additional hours.
Break times
Your employer must give you meal and rest breaks during your shifts. For every five hours worked, you should receive a 30-minute unpaid meal break. Additionally, you should get a 10-minute paid rest break for every four hours worked. The intention of mandatory break time is to give you a chance to take a breather and recharge.
Flexibility
If you ever find the need for a modified work schedule or alternative work weeks, state law supports your right to request them. This flexibility can be especially helpful if you have specific responsibilities, such as caring for your family or dealing with health-related matters.
On-call and waiting time
Your time is valuable. Your paycheck should include compensation for on-call or waiting time, even if you are not actively working. The law acknowledges this, ensuring that you receive fair treatment for your commitment and availability.
Your rights
If your employer falls short in adhering to these work hour regulations, they face potential penalties. These can include back wages, interest and additional damages. By understanding your rights, you empower yourself to advocate for fair treatment and maintain a positive work environment.
When it comes to your work hours, stay informed, be aware of your rights and do not hesitate to assert them when necessary.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469742023-10-28T21:09:20Z2023-10-30T21:08:54ZUnequal treatment
One sign of pregnancy discrimination is the unequal distribution of opportunities. Pregnant employees might notice a sudden decline in challenging projects. They may also face exclusion from meetings and decision-making processes. This unequal treatment undermines their professional growth and shows a biased perspective.
Negative changes in performance evaluations
Those in charge need to evaluate a woman's performance based on her abilities and accomplishments. This does not include whether she is pregnant or not.
Signs of discrimination may come from sudden negative changes in performance evaluations. If a previously high-performing employee begins receiving lower ratings without valid cause, it may be an indication of bias related to pregnancy.
Poor accommodations
Employers need to provide reasonable accommodations to pregnant employees under the law. Nevertheless, discrimination may happen when those in charge deny these accommodations. This includes refusing to adjust work schedules or offer other modifications that ensure well-being.
Hostile work environment
Pregnancy discrimination can create a hostile work environment. Colleagues or supervisors may make derogatory comments or foster a generally unsupportive atmosphere.
Unjust termination or demotion
Perhaps the most egregious sign of pregnancy discrimination is unjust termination or demotion. This includes a pregnant employee who suddenly finds herself facing termination without valid cause. Pregnant women may also get a demotion without a reasonable explanation.
With women making up 46.8% of the American workforce, employers must be vigilant in eradicating biases. This ensures that those in charge treat everyone with respect, regardless of their pregnancy status.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469732023-08-09T18:55:29Z2023-08-09T18:55:29Zwrongful termination.
The silver lining in this type of situation is that your past performance reviews may play a key role in proving that your termination was unfair or unlawful. By understanding more about the role that performance reviews can serve in employment law cases, you can take the next steps toward securing the compensation you deserve after a wrongful termination.
Performance reviews can indicate that you are a productive worker
It is common and typically acceptable for an employer to let a worker go if they consistently underperform in their role. If you have a history of positive performance reviews, however, you likely have a strong foundation to support your case that you are a valuable employee and that your termination might be due to reasons your employer is not forthcoming about.
Performance reviews may reveal discriminatory behavior
If your termination is clearly not due to performance or budget-related reasons, it might be that you are a victim of workplace discrimination. Presenting positive performance reviews after termination might support the claim that your employer is guilty of personally discriminating against you or wrongfully retaliating against you.
Losing your job despite having strong performance reviews may mean that you are a victim of wrongful termination. Your employee review record can serve as compelling evidence in your favor should you choose to file a workplace discrimination claim following your unfair termination.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469712023-05-06T18:21:27Z2023-05-06T18:21:27ZSalary requirements
In California, employers must provide their employees with a minimum salary or hourly wage. An employment contract that offers less than the minimum wage may violate California law. Additionally, California employers must pay overtime to non-exempt employees who work over a certain number of hours in a day or week. It is important to ensure that an employment contract complies with California wage and hour laws.
Arbitration agreements
Another provision to look out for in an employment contract is an arbitration agreement. This type of agreement requires that any legal disputes between the employer and employee get resolved through arbitration rather than in court. While arbitration can be a more efficient and cost-effective way to resolve disputes, it can also limit the employee's rights and make it more difficult to obtain a fair outcome. California law has specific requirements for arbitration agreements, such as ensuring that the employee has the option to opt out of the agreement within a certain timeframe.
Limitations on benefits
Another issue to look out for in an employment contract is limitations on benefits. Some employers may offer benefits such as health insurance, retirement plans or stock options, but may limit or revoke these benefits under certain circumstances. It is important to review the terms of these benefits carefully to ensure that you understand the limitations and any potential consequences of losing them. Additionally, it is important to make sure that the contract includes any promised benefits and that they are not just mentioned orally.
It is important to review the terms of the contract carefully and seek professional advice when necessary to ensure that the contract complies with California law. By doing so, employees can protect their rights and ensure that they enter into a fair and reasonable agreement with their employer.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469702023-02-07T00:32:40Z2023-02-08T00:32:12ZUnpleasant communication
If your employer or co-workers participate in aggressive or demeaning communication, making offensive remarks about gender, race or disability, that is discrimination and potential harassment. When it occurs consistently, it can create a hostile work environment. Your employer cannot retaliate against you for reporting it.
Unfair pay and promotions
Most employees do not know that employers cannot tell them not to discuss their pay with co-workers. This is a tactic some use to hide unequal pay practices. Additionally, all employees deserve a fair opportunity for promotions. Passing over experienced and qualified employees to give higher positions to someone less qualified is another sign that the employer is discriminatory.
Unreasonable disciplinary actions
Retaliation for complaining about discrimination, wage inequality or harassment is a perfect example of unreasonable disciplinary action. Employers cannot punish their employees for reporting misconduct. Similarly, they cannot fire or retaliate against an employee for filing a workers' compensation claim after sustaining an injury on the job.
Lack of diversity
One of the more apparent signs of employment discrimination is a lack of diversity among employees. A homogeneous staff, especially in larger companies, is can indicate cultural discrimination. Companies with diverse staff show an appreciation for different values and worldviews.
Employees have the right to a workplace free of harassment and discrimination, and employment law allows them an avenue to hold violators responsible.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469692022-11-09T23:00:41Z2022-11-09T23:00:41Zsubject to frequent, verbal or physical harassment of a sexual nature and may feel afraid to speak up, rest assured that you have legal protections under Title IV of the Civil Rights Act of 1964 and state laws.
1. Review your employee handbook and policies.
Check the harassment policies at your workplace and go through the proper avenues to report the harassment to management in writing. Even if you do not think that a complaint to your supervisor or HR director will do any good, this report of harassment is necessary evidence for future lawsuits.
2. Say no to your harasser.
Please do what you can to notify your harasser that their offensive behavior is unwelcome. Even if you do not feel safe or comfortable speaking to your harasser directly, use your body language to disapprove of the offending conduct. Make sure you do not send mixed signals, such as flirting or engaging in banter.
Any type of communication is better than ignoring the harassment and hoping it will disappear.
3. Keep detailed notes.
Write down precisely what happened as soon as possible. Record times, places, dates and potential witnesses to the harassment. Encourage your coworkers to do the same if they also experience sexual harassment. Keep this information private at home and not on any work device or email account.
4. Remember your legal protections.
Retaliation is illegal. Your manager cannot fire you for raising an internal complaint about harassment or discrimination at work. If your employer takes any adverse employment action against you (i.e., pay cut, demotion, transfer or firing) after you make a reasonable harassment complaint, you have legal recourse.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469672022-08-16T15:56:33Z2022-08-16T15:56:33ZSexual harassment violations
Title VII of the Civil Rights Act is a federal law that makes sexual harassment in the workplace illegal. This harassment could include verbal actions, such as:
Inappropriate comments about appearance or the body
Unwanted requests for a date or sexual favor
Jokes or derogatory remarks concerning sexual orientation or gender
Explicit, offensive or vulgar jokes about sexual activities
Gossip discussing someone’s sex life or personal relationships
Physical actions can also violate the law, including:
Touching another person in an inappropriate or unwanted way
Making sexual gestures, leering or staring
Blocking someone’s movement
In addition, sharing, displaying or sending lewd or vulgar images or sharing texts, emails or other messages that are sexual in nature can fall under the category of sexual harassment.
Victims of harassment
Even if the conduct is not directly aimed at an individual, the situation still constitutes harassment. The work environment is to be free from harassment and discrimination regardless of who is the target for the comments or behaviors.
Many workplaces have a reporting system for issues involving harassment, and this is usually found in the employee handbook. Reporting incidents is a legal right; employment law prohibits both harassment and retaliation for reporting it.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469642022-05-24T14:13:45Z2022-05-24T14:13:45ZThey have a poor reputation
When considering available jobs, you need to do research about a company's reputation. The reality is that if they are not a good employer, there will likely be information about it online. The more that you know about a company's strengths and weaknesses, the easier it will be for you to discern whether or not you will be a good fit, and whether or not they are a quality employer.
The leadership is lacking
Something else to look out for when interviewing with a company is what leadership is like. A company with solid leadership is organized, positive, and goal-oriented. A company that has poor leadership is disorganized, and you may come across many within the company who have poor attitudes. Additionally, a company that has a high turnover rate will likely have poor leadership and is best avoided.
Finding the right job can feel difficult. That said, knowing what to look for you can help avoid getting a position that will not look for you. Ultimately, taking some time to research an employer and analyze the way that the management conducts themselves can help you avoid a negative working experience.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469632022-02-17T19:54:36Z2022-02-17T19:54:36Zunjust termination. Know as much as possible about the FMLA before taking legal action.
Employers can be exempt
Only companies that have 50 or more employees need to follow this law. Smaller companies have more freedom to let go of workers as they see fit. That said, there might be state laws of a similar nature that they must follow.
Employers need notification
When situations are foreseeable, bosses must get a warning that a worker will be absent. Notification should arrive within a day after the need to take time off becomes known. Rules vary by employer and state.
Employers have no obligation to pay nonworking employees
The FMLA does not make companies pay absent workers. For these individuals, sick time is there to help them get through the rough times.
Employers have a right to ask for evidence
Companies might wish to see proof that time off is necessary. Health care providers can give patients official certification. Such requests should be complete within 15 days. Missing the deadline could make firing someone legally permissible.
The FMLA protects individuals during an illness. That said, there are rules surrounding the FMLA that employees should learn. Find out what they are before medical challenges impede the ability to stay on the job.]]>On Behalf of Law Offices of Matthew G. Englishhttps://www.mge-law.com/?p=469602021-11-22T18:32:29Z2021-11-22T18:32:29Zindependent contractors when they are actually full time-employees is a surprisingly common employment practice across a variety of industries. Classification errors do not necessarily mean that an employer intends to wrongfully deprive workers of rights or benefits. Employers may be unaware of the relevant law, or they may incorrectly interpret its application to their employer-employee relationships.
Job duties and a company’s activities
If a worker performs tasks that are not within the scope of a business’ regular activities, he or she may be an independent contractor rather than an employee. Having an established business entity or performing the same services for more than one company may indicate that someone works as a contractor. In contrast, a person whose job role involves a business’ principal activities are employees. For example, performing administrative tasks in an office or interacting with a business’ clients on its behalf probably signifies that someone is working for a business as an employee.
Managerial control over workers
If a company does not direct how someone performs tasks in the workplace, then there may not be an employer-employee relationship. People with advanced skills who do not receive instruction from employers about how to complete work are typically independent contractors.
People who have concerns that their employment classification is erroneous may need to take corrective measures. The right classification can affect wages as well as eligibility for paid time off and benefits programs.]]>