Barrera & AssociatesEl Segundo Employment Attorney | Business Litigation Lawyer Los Angeles2024-03-11T06:00:03Zhttps://www.baattorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1403601/2022/09/cropped-site-identity-32x32.pngOn Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489832024-03-06T23:31:40Z2024-03-06T23:31:40Zreligious discrimination does happen in the workplace. Here’s what it can look like.
Direct discrimination
Religious discrimination can be blatant and direct. An example would be an employee being fired purely because of their religion. Another example would be a worker not being given the same access to promotion opportunities as their colleagues of different religious backgrounds.
It’s important to note that religious discrimination extends to job applicants. It is unlawful for any company to refuse to hire someone purely based on their religion. There are exceptions for religious organizations and schools.
Indirect discrimination
Religious discrimination can also be indirect. Indirect religious discrimination means that a company implements policies that apply to everyone but adversely impact people of a certain religious group more than others. For instance, an employer may require all employees to work on a certain day that coincides with a day of religious observance. A company may implement a policy that restricts work breaks, meaning that religious observers are unable to pray.
One of the most common forms of indirect religious discrimination in recent years has been related to dress codes. For instance, a ban on all headwear within the workplace is actually only likely to adversely affect those who wear religious headwear.
If you feel like you have been discriminated against because of your religion, then you do have options. There is legal information and help that can explain your rights in more detail.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489812024-02-20T13:23:19Z2024-02-20T13:23:19ZThere are different types of sexual harassment that can occur on the job. One is known as quid pro quo. It is important to know what this means, especially if you’re considering your legal options because you believe you’re being harassed as an employee.In Latin, quid pro quo essentially just means something for something else. It denotes an exchange. The harassment that takes place is not necessarily just one-sided, but a type of manipulation.
How does this take place?
To make it easier to see how this may happen, consider a scenario where a CEO becomes interested in their secretary. There is a power imbalance between the two of them. The CEO decides to use their position of power to get what they want.In this example, the CEO goes to the secretary and says that they can have a promotion or a raise, helping them with the advancement of their professional career and providing financial compensation, in exchange for having a sexual relationship with their boss at work.Even if the relationship never takes place, it is still sexual harassment if the CEO tries to pressure the workers who are under them – like the aforementioned secretary. The power imbalance is a serious issue that means that the worker is not being treated fairly. In fact, if they refuse the proposed relationship, they may fear some type of retaliation, such as losing their job.
What options do you have?
Have you found yourself in this position? If so, it can certainly be concerning and frustrating as you worry about both your personal safety and the status of your career. Rest assured that you do have rights as an employee, and it’s important for you to understand exactly what legal steps you can take at this time.
]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489782024-02-17T02:32:13Z2024-02-17T02:32:13ZSick leave
As of January 1, 2024, California has a new standard requiring employers to provide at least 40 hours of paid sick leave per year to most workers. This policy ensures that employees can address their health concerns or care for sick family members, contributing to a healthier workplace and reducing the spread of illness.
Meal periods
In California, the law mandates that employees are entitled to meal periods based on their work hours. Employees must be given a meal break of at least 30 minutes for shifts exceeding five hours. However, if the total work period is no more than six hours, the meal period may be waived by mutual consent of both the employer and the employee.
For shifts longer than 10 hours, a second meal break of at least 30 minutes is required, which can also be waived if the total hours worked are not more than 12 hours and the first meal period was not waived. These meal breaks are unpaid unless the employee must work through their meal period or is required to remain on the premises, in which case they must be compensated.
Rest breaks
Rest breaks are another crucial aspect of California's employment laws. Employees are entitled to paid rest periods for every four hours worked or a significant fraction thereof.
Workers should receive a 10-minute rest break for shifts from 3.5 to 6 hours. Additional breaks are required for longer shifts. Failing to provide adequate rest breaks can lead to penalties, including paying the employee one hour of pay at their regular rate for each workday for which the rest period wasn’t provided.
Employees who don’t receive required sick leave, meal periods, or rest breaks can take legal action. Seeking legal assistance is often beneficial, as a skilled legal team can explain one’s specific rights and help employees move forward with their case as efficiently and effectively as possible.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489752024-02-08T04:00:56Z2024-02-08T04:00:56ZKnow your rights
The California Fair Employment and Housing Act prohibits workplace harassment by co-workers and employers. Federal anti-discrimination and harassment laws provide additional protections. Delve into the protections the law provides to ensure that you are well-informed.
Keep careful records
Maintain a detailed record of the harassment, including dates, times, locations and specific actions or language. Screenshots of online messages or texts can pad your record with strong evidence.
Follow procedures
Your company should have procedures for reporting workplace mistreatment. Follow them to the letter. It will help your case if the harassment continues, leaving you with no options other than to seek a legal remedy.
Be prepared
When reporting, be clear and factual and plainly state your expectations (disciplinary action, reassignment, etc.). Stick to the specifics and avoid emotional language. Present documented evidence and witness statements, if available.
Build a supportive team
Seek support wherever you can find it. Your friends and family can bolster your courage when approaching such an uncomfortable discussion. If you’re not able to resolve the issue with your employer, getting experienced legal guidance can help you protect your rights and explore your options.
Remember: You are not alone. Many resources are available to help you navigate this challenging situation. Speaking up about harassment takes courage, but it is crucial to creating a safe and respectful workplace for everyone.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489722024-01-25T18:14:27Z2024-01-25T18:14:27ZFamily leave is not just for moms
Dads in the Golden State have strong protections that allow them to take leave and spend time bonding with a newborn, adopted or foster child. Here are some ways that both state and federal law guarantee these critical rights.
California’s Family Rights Act (CFRA) offers up to 12 weeks of unpaid leave for caregivers of a new child.
The federal Family and Medical Leave Act (FMLA) also provides up to 12 weeks of unpaid leave.
The New Parent Leave Act (NPLA) extends family leave rights to those who may not be eligible for FMLA or CFRA, such as workers in smaller companies.
The state Paid Family Leave (PFL) program provides partially paid leave to those who do not qualify for leave under the CFRA or FMLA.
These laws guarantee job security while giving you plenty of time to bond with your little one, ensuring a smooth transition back to work. Under all but the PFL, your employer must protect your job until you return.
Remember, these are just some highlights of the many ways that California law protects the rights of all employees. If your employer says that you are ineligible for family leave, do not take it on their word alone. Seek out the facts of the law and get experienced legal guidance.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489702024-01-09T00:17:41Z2024-01-09T00:17:41ZWorkplace retaliation is when an employer takes negative action toward an employee in response to some type of formal complaint. For example, maybe the employee alleges that they are being sexually harassed by the CEO of the company. The CEO then fires that employee. This is a clear example of retaliation to the complaint.
However, some employees make the mistake of assuming that they have to be terminated for an action to be a wrongful retaliation. This is not always true. What are some other examples of workplace retaliation?
Reducing pay
First and foremost, the employer may try to reduce the employee’s pay rate or limit the hours of work that they get every week. In some cases, the employer may be attempting to get the employee to quit without firing them.
Changing work assignments
It can also be retaliation if the employee’s work roles are significantly altered. Maybe they get transferred to a different location that is further from their home or to a different department that they never wanted to work in. Maybe they are suddenly signed up to work all the shifts that other employees don’t want when they never did so before.
Marginalizing the employee
Finally, the employee may just feel that they’re being marginalized in a way that they weren’t previously. Perhaps they’re told not to come to meetings, or maybe they’re barred from employee gatherings and business events. Perhaps they always got positive performance reviews before, but those suddenly start to become negative – even though their performance hasn’t changed.Workplace retaliation can take many forms. It’s quite important for those who feel their rights have been violated to understand what legal steps they can take.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489672023-12-28T22:25:55Z2023-12-28T22:25:55Zeach employee with disabilities. This could range from physical accommodations like wheelchair ramps to technological solutions such as screen readers for visually impaired individuals.
Physical accommodations
If you are an employee with mobility challenges, you can thrive in a workplace that is wheelchair-accessible, with ramps and reliable elevators. Moreover, ergonomically designed furniture can enhance your comfort, enabling you to make the most of your working hours.
Technological solutions
Technology increasingly plays a pivotal role in workplace accessibility. Employees living with visual disabilities should have access to screen readers, magnifiers and other assistive technologies to navigate digital platforms seamlessly.
Providing adaptive equipment, such as ergonomic keyboards or voice recognition software, can also significantly empower employees with physical disabilities. These tools can not only facilitate productive work but also contribute to a more inclusive atmosphere.
Work scheduling and environment
If you’re living with a disability, you may need flexible working hours that align with your unique daily routines and energy levels. An accommodation can allow you to optimize your productivity during peak hours.
Thankfully, the rise of remote work has opened new possibilities for employees with disabilities. Remote work not only eliminates physical barriers but also allows individuals to create a personalized, comfortable work environment.
If you are an employee with disabilities, you should know that federal law gives you rights to reasonable accommodation in your place of work. Therefore, if your company refuses to provide pertinent accommodations that would not cause the business undue hardship, you may seek legal recourse to hold your employer accountable.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489652023-12-15T14:56:26Z2023-12-15T14:56:26ZQuiet firing refers to the practice of gradually sideling or “pushing out” an employee through a gradual withdrawal of support, career development or coaching. The process is designed to purposefully make an employee unhappy in their position (if not outright miserable) so that they’ll quit. When the targeted employee is over 40 years of age, it can be a subtle form of age discrimination.
4 signs that you’re being quietly fired
It’s important to remember that quiet firing is a gradual and progressive process. Signs that you’re purposefully being made to feel unwelcome in your workplace include:
You’re being “teased” with ageist assumptions about your vitality, your longevity, your ability to handle new technology or your social media skills. You may even be denied front-facing opportunities because the company doesn’t want to seem like it’s out of touch with trends.
You find yourself increasingly being denied challenging work. Your workload may seem to be lighter than ever. Despite your willingness to take on more, your employer has started to hand all the juicy assignments to younger employees. As a result, you may also be missing out on opportunities for promotion.
You’re left out of important discussions. If you’re being skipped in email threads or are the last to know about changes to projects or teams, that could be a very clear signal that you’re no longer valuable to the company.
The only discussion about your future is geared toward retirement. If your employer starts bringing up suggestions that the company might be willing to “buy out” your contract so you can retire “early,” that’s a huge red flag.
Even though many employers complain that they can’t find (or keep) good employees, that hasn’t stopped the problem of age discrimination in the workplace. If you believe that you’ve been targeted by your employer because of your age, it may be time to seek legal guidance that’s tailored to your situation.]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489562023-12-13T15:05:47Z2023-12-13T15:05:47ZFacing discrimination at your workplace can take a toll on your mental and emotional well-being. It can also hinder your ability to perform optimally and obstruct career advancement opportunities. Understandably, you may contemplate quitting your job in the face of such absurdity and look for an alternative. However, staying put and fighting back can also be a strategic choice.First, assess the situation to have a better picture. Take a good look at what’s happening within your organization. Is it an isolated incident or persistently occurring? Is it something bigger affecting many people at work? Understanding this can help determine your next steps.
1. Prioritize your well-being
Seeking help and support from social circles or support groups can make a significant difference if you ever feel overwhelmed. Talking to people you trust can provide guidance and solidarity, making it easier to handle the hardships you may be facing.
2. Document everything
It is crucial to document everything related to the discrimination you are experiencing. Record any incidents in detail - time, date, witnesses present and other relevant information. Do not forget to keep copies of any communication on the same. These records can serve as key evidence down the road.
3. Explore internal avenues
Consider following your organization's protocols or resources to address workplace discrimination before looking into other options. Reporting harassment incidents to HR or higher management is the norm in most places. Sometimes, internal investigations can lead to positive changes within the workplace.
4. Assert your legal rights
If the discrimination persists and internal solutions don’t bring about change, it may be time to take further action. Remember, the law is on your side -- workplace discrimination is illegal at both state and federal levels. Seeking legal guidance can help you take informed action and explore the avenues to protect your rights. ]]>On Behalf of Barrera & Associates, Attorneyshttps://www.baattorneys.com/?p=489522023-12-06T14:00:00Z2023-12-06T14:00:00Zemployer’s responsibility?
Employers must offer all employees a safe workplace
Employers have a duty to protect their employees from sexual harassment that comes from any direction, not just from within the company. For example, if a delivery driver turns up and makes lewd comments to the receptionist, it's the employer's responsibility to deal with it. While they are not directly responsible for that driver's behavior, they are responsible for the safety of their own employees.
If someone sexually harasses you at work, no matter who they are and what form it takes, you have a right to expect your employer to step in, even if they risk upsetting a customer by doing so. In fact, you also have a right to expect them to take preventive steps in the first place to make it clear that employees are to be treated with respect.
Yet, some bosses expose their staff to sexual harassment anyway. Look at some of the uniforms servers in bars and restaurants are expected to wear. It’s clear their employers believe treating their worker’s bodies as a commodity is acceptable. Think about the message that sends to the customers. Even something such as telling servers to smile is problematic. It teaches customers that they have a right to more than just efficient service.
If your employer has let you down and failed to give you the protection you deserve, you may benefit from exploring your legal rights and options accordingly.]]>