Moon Law Group, PCEmployment Lawyers2024-03-13T16:03:40Zhttps://www.moonyanglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103248/2023/06/cropped-site-icon-moon-32x32.pngOn Behalf of Moon Law Group, PChttps://www.moonyanglaw.com/?p=519932023-09-13T18:36:47Z2023-09-13T18:36:47ZNew breast pumping law for 2023
That brings us to the PUMP Act of 2023, which seeks to fill those gaps. Congress passed the PUMP Act in December, and it went into effect in April. It expands breast pumping rights to salaried workers, most of whom are women. It's expected that the new law will extend pumping rights to 9 million American employees. However, independent contractors and gig workers are not covered. Nor are airline pilots or flight attendants. Railway and motorcoach workers will be included starting at the end of 2025 after industry leaders asked for extra time to implement the change to the law.
Another new option?
For those not protected by the PUMP Act, another new law could help. Congress passed the Pregnant Workers Fairness Act around the same time and it went into effect in June. It requires employers to provide "reasonable accommodations" for workers with conditions caused by pregnancy. Such conditions could potentially include the need to lactate during work hours.
A working mother's decision whether to breastfeed is personal. Employers that do not follow the law regarding the rights of pregnant women and new mothers can be held accountable for the harm their employees suffer as a result.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496832020-07-10T19:05:16Z2020-07-10T19:04:16ZNurses and health care workers have notoriously busy shifts, especially in a hospital setting. However, if you work as a nurse, the law entitles you to certain break and rest periods.Learn more about the California break and rest laws for health care workers to ensure your fair treatment on the job.
Meal break requirements
California employers must provide a 30-minute uninterrupted meal break after an employee has worked for at least 5 consecutive hours. This law applies to nurses as well as other health care workers. For a shift that lasts longer than 10 hours, the employer must offer a second meal break. However, the worker can decline this second break if the shift will last fewer than 12 hours.Under federal law, you do not have to receive payment for your meal break as long as it lasts at least 30 minutes, even if you cannot leave the job site during that time. However, you must receive payment if your employer requires you to continue working during a meal break. In this case, California law requires the worker to agree to this arrangement in writing.
Rest break requirements
Federal law requires employers to pay their workers for breaks lasting between 5 and 20 minutes. Under California law, workers must receive at least one break of at least 10 minutes for every four work hours. Nurses and other workers can choose to waive these breaks but must have a written agreement with their employer in order to do so.California nurses and health care workers have legal recourse when employers do not provide meal and rest breaks in accordance with state and federal law. State law requires employers to pay workers an hour of regular pay for each day on which a meal or rest break violation occurred. Federal law prevents employers from firing workers who report this type of wage or hour violation.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496782020-07-08T00:51:40Z2020-07-08T00:51:25Zsimilar protections to members of the LGBT community.
While firing an employee because he or she is gay likely violates both federal and state law, not all sex discrimination is so clear-cut. Still, subtle discrimination is still discrimination. If any of the following apply to you, your employer may be engaging in impermissible sex-related discrimination.
Exclusion
To do your job effectively, you likely must meet with clients, customers and others. You also need access to important information. If your manager excludes you from meetings or materials, he or she may be discriminating against you.
Dress code
There is nothing inherently wrong with an employer implementing a dress code or requiring a uniform. Nevertheless, if your boss asks you to wear something different or targets you because of your sexual orientation or gender identity, he or she may have discriminatory intentions.
Work schedules
If you work in a place that has shifts or staggered work schedules, you should realize these may be another way for an employer to engage in illegal discrimination. After revealing your sexual orientation or gender identity, your manager may switch you to an inconvenient shift. He or she may also tinker with your job duties. If these actions are because of your LGBT status, you may have a valid discrimination claim.
Retaliation
Retaliation is usually a separate matter from workplace discrimination. That is, retaliation comes after an employee files a claim or otherwise asserts his or her legal rights. Nevertheless, if your employer retaliates against you, you may have additional evidence of ongoing discrimination.
You have a right to perform your job duties without facing discrimination. Still, whether your employer is discriminating against you or trying to retaliate, you should document both the clear-cut and subtle signs of impermissible behavior.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496752020-07-03T20:23:18Z2020-07-03T20:22:51ZA recent job injury left you unable to work for a few weeks or months. While your employer has workers' compensation, you either lost your job during recovery or soon after returning to work. Is either practice considered wrongful termination?Chron has answers that may help. Take steps to protect your rights and your position.
Legitimate reasons
What reason did your employer give for firing you? Rather than your injury, maybe your company had a legal reason for terminating you, such as you engaging in employee harassment. If your company made a legitimate effort to reasonably accommodate you upon returning from your injury, but you still could not perform your job, your employer can terminate you.
At-will employment
Contact an HR representative to go over your current employment contract. If your agreement includes anything about at-will employment, your company can fire you anytime for almost any reason.
Company policy
Did you sustain your injury by engaging in an act that goes against company policy? Even though your company may have covered your injuries, your boss may terminate you when the doctor clears you for returning to work.
Retaliation
One example of wrongful termination is a company firing an employee as retaliation. Say that you refused to engage in what you know to be an illegal activity in the workplace. Your employer cannot fire you because you did not go along with the misdeeds. If you have evidence that your termination is retaliation, you may have a case on your hands.Do some digging to determine if your employer violated your rights. You should not fear your career's future because you sustained an injury.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496712020-06-12T22:35:17Z2020-06-12T22:35:04ZCalifornia workers have the right to work without fear of discrimination. This goes for pregnant women as well. Unfortunately, discrimination against pregnant women can take surprising forms. In some cases, it is hard to tell you are facing discrimination.It is important to understand the covert signs of pregnancy discrimination. This allows you to fight back if you are up against it."Icing out" a pregnant workerThe U.S. Equal Employment Opportunity Commission discusses pregnancy discrimination at the workplace. It is against the law for employers to treat pregnant workers in a discriminatory way. Unfortunately, discrimination does not stop because it is illegal. On top of that, discrimination against pregnant workers is not always obvious.Often, if you face discrimination as a pregnant worker, it takes other forms. For example, a well-used technique is "icing someone out". In doing this, your colleagues and employers begin to leave you out of the group. They may even begin to cut you out of meetings or on-the-clock events. The intention of this tactic is to force you to feel so uncomfortable that you leave on your own.Good intentions versus discriminationThis tactic is easy to disguise, too. Many people who use this claim that they are doing it for your sake. They do not want to make you uncomfortable by inviting you to situations where there is alcohol. They do not want to stress you out. They do not want to add more to your plate than what you already have. In some cases, this is genuine concern. But pay attention to other signs, like talks of promotion being quietly dropped. This may be a sign that they are trying to get you to leave.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496682020-06-10T17:19:59Z2020-06-10T17:19:46ZEmployers are responsible for creating a safe work environment and protecting employees free from discrimination and harassment. TIME reports that despite this ethical requirement, many workplaces in the United States have claims of misconduct filed against them.While many people believe women to be the sole victims of this type of abuse, men are also on the receiving end of the unwanted behavior.What is sexual harassment?Sexual harassment includes requests for sexual favors, verbal or physical cues and unwelcome sexual advances. This abuse often interferes with a worker’s ability to perform his or her job efficiently, creating an offensive and hostile work environment.Who perpetrates harassment?Often, it is an authority figure who harasses a subordinate. Men still fill the majority of these leadership positions, but women have been moving into these roles in recent years, so it is not unusual to have a female superior. Women may ask male employees to engage in sexual behaviors as a power play or for personal reasons and threaten the employee with the loss of a job or offer a promotion. Female co-workers, clients and customers may also harass male employees.What do the statistics say?In 2019 alone, there were 7,514 sexual harassment claims made in the United States, as reported by the U.S. Equal Employment Opportunity Commission. Males filed at least 16.8% of these claims, which is an increase from the 15.9% filed by males the year before. In 1997, only 11% of males filed sexual misconduct claims. Experts believe that the number of actual incidents is much higher, as a number of male employees feel embarrassed or worry that they will lose their jobs if they report sexual misconduct claims.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496652020-05-26T22:20:06Z2020-05-26T22:19:51ZEmployees who have lost their jobs unexpectedly may file a legal action against a former employer over a wrongful termination. Although a firing may seem like a "wrongful" act to a terminated employee, many individuals could have a misconception regarding how the courts interpret a company's actions.California labor laws generally consider most employer-employee relationships as "at-will" associations. This means that either an employer or an employee could end the relationship at any time and for any reason.As reported by HRMorning, a signed contract may protect an employee from a sudden and unexpected firing unless there is a valid reason for severing the employment arrangement. The terms of the contract must specify how the relationship could end without either party incurring penalties. A proven allegation of discrimination playing a role in a termination, however, may show that an employer committed an illegal act.The path from discrimination to terminationWhen judges review allegations of a company's wrongful firing, they may find that the underlying cause of a termination violated a federal labor law. Title VII of the Civil Rights Act of 1964 prohibits an employer from harassing or discriminating against a worker because of race, religion, national origin, color or gender. Amendments to the Act expanded discrimination to include protection against harassment because of disability, pregnancy or genetic makeup.When an employee brings up the issue of discrimination to a supervisor or human resources manager, he or she may begin to experience subtle or overt on-the-job hostilities. This may include repeated jokes or offensive comments referencing an employee's protected characteristics. The negative environment or experienced hostility could result in diminished performance and lead to termination.Proof that workplace discrimination led to the firingAn employee filing a wrongful termination claim generally needs to show that the firing had a connection to an illegal action. An employer that engaged in discrimination, such as by promoting another employee based on age, race or gender, may have violated federal laws. Showing how an employer allowed a hostile work environment to continue unchecked may also help demonstrate a connection between discrimination and a firing.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496612020-05-13T21:39:54Z2020-05-13T21:39:42ZWhen you experience sexual harassment at work it may do more than impact your productivity. It may also lead to emotional or mental health issues. If you speak out about it, it may even result in retaliation or termination.According to the Mercury News, a large percentage of employees who file sexual harassment claims against their employers wind up having their employers fire them. More than 64% of workers who made sexual harassment claims in their places of business underwent termination within a year of doing so.Retaliation after sexual harassment claimsRetaliation, which occurs when an employer treats you differently in response to you exercising one of your protected rights, is also quite common after a sexual harassment claim. More than 68% of employees who file such claims experience retaliation in some form after filing complaints.While having your position terminated may constitute retaliation, it may also present itself in other ways. You may start receiving unfavorable job duties, or you may find yourself demoted in the aftermath of a sexual harassment claim, among other examples.Harassment often unreportedResearch shows that the vast majority of sexual harassment that occurs within the American workforce goes unreported. This may be due, at least in part, to the fact that many employees fear termination or retaliation after calling attention to the harassment. Current estimates suggest that about 99.8% of sexual harassment victims fail to file formal charges against their harassers.No one should scare you away from reporting sexual harassment in your place of business. By shining a spotlight on it, you may be able to help protect your colleagues and others who come after you from experiencing the same behavior.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496562020-05-14T13:41:27Z2020-05-07T05:00:32Zwrongful termination may seem a moot point (as one's job performance in comparison to the terms of their contract is clearly evident). Yet that still may not stop employers in Los Angeles from attempting to dismiss a contracted employee anyway.
Contractual dispute arises over suspension of upstart XFL
That is the claim of Oliver Luck, the former commissioner of the upstart XFL. The league suspended its operations six weeks into its first season due to the recent COVID-19 pandemic. It laid off most of its workforce just over one month later and subsequently filed for Chapter 11 bankruptcy. As part of that bankruptcy filing, the league sought to have certain executive contracts dismissed (including that of Luck). Although reports only contain limited details regarding the move, the implication is that the league dismissed Luck with cause. The former commissioner would have earned $20 million over the term of his contract, and he still may recoup a portion of it even with the league in bankruptcy. To ensure he recoups some of that money, Luck filed a wrongful termination lawsuit against Vince McMahon, who leads the now-defunct league's governing body.
Fighting back against a wrongful termination
Cases such as this reveal the complexities that can arise from an employment contract dispute. Successfully challenging an employer regarding an employment contract can be difficult for an individual employee (who may not have extensive knowledge of contract law). For this reason, having an experienced attorney in one's corner may be a great benefit.]]>On Behalf of Moon & Yang, APChttps://www.moonyanglaw.com/?p=496512020-05-01T03:26:04Z2020-05-01T03:26:03Zmust not be doing work during that time.
What does a meal break look like?
California law does not mandate a paid meal break. However, if the employer is going to offer an unpaid meal break, that employee may not be doing anything related to work during this period of time. For example, if an employee is sitting at his or her desk and answering work emails during the 30-minute lunch break, then the meal break is a working break. The employer must pay the employee.
There are some exceptions to this rule. Generally, if an employee is working alone and cannot be reasonably away from the workplace for a 30-minute period, then a special agreement can take place between the employee and employer in regard to the meal break.
What can I do if my employer does not provide a meal break?
If your employer is not meeting the standards of the law, you can take action. According to California law, if you are working during your meal break, the employer should pay you one hour of pay for every day of work you do not get your meal break.]]>