SAN FRANCISCO EMPLOYMENT LAW BLOG

Employment laws govern all the members of a business, including the boss or supervisor. While employees must follow certain rules in the workplace, employer actions cannot violate local or federal laws, or the employer may get into legal trouble.

It is ultimately up to your employer to ensure they are compliant with the relevant laws. However, you should also be aware of these laws in case your supervisor violates them. Here are a few key points to remember.

EMPLOYERS CANNOT PROHIBIT YOU FROM DISCUSSING SALARY

Employers can discourage workers from discussing salaries, but they cannot take steps to stop you from having these conversations according to the National Labor Relations Act. You and your co-workers are free to discuss salary at work, when meeting socially, or online. Salary comparisons are often an issue of work equality, so they must take place to ensure the staff receives fair treatment.

THEY CANNOT ASK YOU TO WORK “OFF THE CLOCK”

If the Fair Labor Standards Act covers you as a worker, your employer cannot ask you to work unpaid hours. You must receive compensation for all work you perform based on your current rate of pay. You are free to refuse unpaid work, and the employer cannot fire you for refusing. Retaliation is also against federal laws and considered a violation of your rights.

THEY CANNOT CHANGE YOUR WORKER CLASSIFICATION

Employers typically save money when hiring independent contractors. Workplaces do not have to provide contractors benefits, nor do they have to pay taxes on their behalf. However, there are some key differences between employees and contractors, and employers cannot classify a worker as a contractor just to save money.

For instance, an employee will work according to their employer’s schedule, while a contractor will work at their own pace. An employee receives their pay on a weekly or monthly schedule, while a contractor is usually paid per assignment.

Women who show up to work each day in California and other parts of the United States face a high chance of experiencing gender-based discrimination. About 42% of working women report having experienced it in some form or another. Female employees are also about twice as likely as male employees to report experiencing some form of gender-based discrimination on the job.

Per the Pew Research Center, a survey involving almost 5,000 adults offers insight into how often women face gender bias in the workplace compared to their male colleagues.

What the survey revealed

Almost a quarter of all women who participated in the survey reported that they had colleagues or supervisors treat them as if they were less competent than male colleagues who were performing the same job. About a quarter of all women surveyed also said they received less money than male colleagues despite performing the same job duties. Survey findings also revealed that female employees are three times more likely than male workers to experience on-the-job sexual harassment.

How education factors in

Survey results also showed that a woman’s level of education helps determine how likely she is to experience gender-based discrimination at work. The higher a woman’s level of education, the more likely she is to experience it. Almost 60% of female employees with advanced degrees reported facing gender-based discrimination on the job. Yet, only about 40% of working women with bachelor’s degrees said the same.

The survey responses also showed that women in the workplace face differing degrees of gender-based discrimination based on their race, ethnicity and political leanings.

As a female member of the American workforce, the chance of you experiencing gender discrimination at work at some point during your career is high. Both men and women across California and the rest of the United States may be victims of gender discrimination. However, it affects members of each sex differently.

Per SRHM, about four out of every 10 working women in America have experienced work-related gender discrimination.

Examples of gender discrimination

Women in the workplace experience many different instances of gender discrimination. Sometimes, it manifests as a woman receiving less money than a man while performing the same job and having the same skills. In other cases, female employees face different performance standards than men working in the same roles. Sometimes, gender discrimination manifests as team members excluding a woman from an important meeting or subjecting her to unwanted sexual advances.

Repercussions of gender discrimination

Studies show that gender discrimination at work decreases self-efficacy, or an individual’s confidence in his or her ability to successfully complete tasks, among working women.  However, it does not do the same for male employees. Many women with low self-efficacy also find themselves lacking motivation or disengaging from work-related tasks as a result. Gender discrimination also contributes to a toxic work environment. When this happens, it has the potential to hinder the success of an entire business or organization.

U.S. employees who work for companies that have at least 15 individuals on staff have certain protections available to them when it comes to gender discrimination. Title VII of the Civil Rights Act of 1964 outlines many of these provisions.

As the age of technology continues to grow and stretch far beyond what most people may have previously imagined, it provides more solutions and convenient answers to problems in everyday life.

However, it also contributes to a rise in unique, technology-age issues at the same time. The digital hybrid workplace is one such area where this blending of benefits and drawbacks is the most visible.

Harassment in the digital age

The New York Times takes a deep dive into changing work environments in the digital age. Especially in the last couple of years, more workplaces have turned to fully digital environments. Even now as things begin to shift back to a previous status-quo, many of these places have maintained a hybrid digital environment for flexibility, convenience, cost-cutting and more.

However, harassment continues to pose a major issue even in these digital or hybrid environments. Many different factors contribute to these issues, such as private chatrooms.

The problems with chatrooms

A private chatroom feature on a work communication program allows many people to create a group that others who do not have an invitation cannot see. While this is theoretically good for certain purposes such as keeping the lid on secret projects, it can also create a potentially toxic and exclusionary environment.

Some individuals bullied in modern workplaces have stated that they feel isolated and distanced from others due to their exclusion from group chats. Some even end up bullied behind closed doors without even knowing about it, with coworkers and even employers talking about them and spreading rumors behind their backs.

This can escalate to the point that it creates a toxic work environment, at which point a worker may have the option of seeking compensation.

These days, more workers work from home than ever before. This has made space for significant changes in the modern workplace, with some positive and some negative.

Some of the most stubborn problems associated with physical workplaces have tracked into the virtual realm, though. Unfortunately, this includes issues related to discrimination and harassment.

Digital discrimination

The New York Times discusses virtual work environments and what that means for workers dealing with harassment. Unfortunately, putting a technological barrier between an aggressor and victim does very little to dissuade the aggressor. The modern workplace is still ripe with opportunities for people to victimize, bully and discriminate against others.

For example, it is easy to ignore a worker who can do little more than sending emails, text messages and other non-physical nudges. Discriminatory employers may use this tactic to avoid having to deal with an employee they discriminate against, and may even use it as an excuse to blame unfinished business on the victim.

The problem with private channels

Private chat channels have also received a lot of heat lately. These channels allow for workers to create private discussion groups that exclude certain members of the staff. This allows for negative talk and rumors to grow unchecked, which can create a hostile work environment for the target of the campaign.

Finally, many of the same issues workers faced in in-person facilities still exist in virtual ones. Employers can unfairly pass someone over for promotion due to discriminatory reasons, or may demote them or give them less desirable work even in a digital environment. This is why it is important for workers to understand their rights in the new digital age.

Many in the workforce look forward to the day they will one day retire. Retirement, however, should always occur under legal, non-discriminatory circumstances. Unfortunately, many employees feel urged or forced to retire when they hit a certain age despite their competency and willingness to remain in their position.

The Age Discrimination in Employment Act (ADEA) protects workers over 40 years from forced retirement, but there are many considerations that impact whether a retirement violates an employee’s rights.

Involuntary retirement

The ADEA prevents employers from age discrimination when hiring, firing, promoting and demoting their employees. A forced retirement often occurs when an employer has pressured or intimidated an employee into retirement through warnings of termination or a loss or reduction of benefits if he or she chooses to remain employed.

However, involuntary retirement is legal in several circumstances. Employees in executive positions, public safety sectors and policymaking roles face requirements to retire when they hit a certain age.

The ADEA cannot protect other employees in cases of potential involuntary retirement, such as when a company employs fewer than 20 people, if an employer fires an employee for another reason or if an employer pressures an employee to retire, and he or she does so voluntarily.

Voluntary retirement

Many circumstances permit employers to incentivize retirement for their employees. For example, an employer may offer an increased benefits package to encourage earlier retirement. The employer cannot, however, introduce unfavorable conditions for the employee if they do not accept the offer. These unfavorable conditions may include reduced hours, a decrease in salary, demotion or hostility or exclusion in the workplace.

Workers have a right to remain employed regardless of their age. The choice to retire must be legal, voluntary and made, or anticipated, by the retiree, and never by the employer alone.

These days, more and more businesses embrace the accessibility and benefits that online work environments provide. Through this evolution in workplaces, old problems died out and new problems formed. Some problems stayed the same, while others simply changed to adapt to a new environment.

Unfortunately, sexual harassment falls into the latter category. Though some may not think it, it continues as an ever-evolving issue workers face every day in jobs across the country.

Coercion and threats

The New York Times looks into the changing forms of harassment at work. Sexual harassment continues to occur even with miles of space between people, unfortunately. In some ways, it continues as it had before. For example, a form of sexual harassment includes the use of coercion or threat to gain sexual favors. The perpetrator may promise the worker higher wages, better positions or bonuses if they agree, or they may threaten to demote them or dock their pay.

Newer forms of sexual harassment

With technology, more forms of harassment occur and evolve every day, too. Some perpetrators will send lewd photos of themselves through email attachments or text messages. Some may try to “sext” coworkers, while others might link inappropriate content such as pornographic websites while on the clock on work computers. Some even go as far as to expose themselves in video chats.

The good news is, technology also provides a good way to zero in on these perpetrators and catch them with well-documented evidence. This allows victims to hold their harassers accountable for their actions and seek the potential compensation that they may get in court due to the hardships they faced at work.

Many types of workplace discrimination receive considerable attention from news outlets and other media; however, parental status bias is often either overlooked or goes unreported by those who are unsure of what it entails. The Centers for Disease Control and Prevention note that laws protecting parents became law in May of 2000, although even today, many parents may remain unaware of their rights in the workplace.

Employed parents may want to watch for a few signs of discrimination based on their status, no matter the field or industry they work in.

1. Divorce discrimination

Some divorced, single parents may find themselves the target of parental discrimination if their employers have a moral objection to this status. Despite an employer’s morals, however, denying a parent a promotion or pay raise simply because of their beliefs is not legal. Parents who suspect this type of discrimination may want to document any incidents or communication so they can take steps to protect themselves under the law.

2. Foster parent discrimination

Foster parents may not realize parental discrimination rights protect them and the children they care for. The law extends to children under the age of 18 and those over 18 who cannot care for themselves due to a developmental disability. Employers who penalize such parents who need to take their foster children to medical appointments and attend foster care meetings are not permitted to do so under federal law.

3. Subtle negative speech

Employers who have a bias against parents in the workplace may try to undermine them with subtle comments disguised as jokes or banter. The intensity of the speech may escalate over time.

Parental discrimination also extends to pregnant and nursing women. Anyone who feels affected by the offensive actions may report them.