Page 15 – San Francisco Employment Lawyer | Bay Area Discrimination Attorney

Large corporations face frequent wage and hour claims

On Behalf of Le Clerc Le Clerc LLP
July 8, 2018
Wage and Hour Claims

Wage theft is nothing new. Workers in California and across the country have been involved in wage and hour claims for generations, and it seems that the problem continues. Most often, reports tell of wage theft in retail, restaurants and seasonal employment, where workers make low wages and may have reasons to avoid complaining about the unfair treatment. However, wage theft by employers is not limited to mom-and-pop businesses just getting by. In fact, some of the wealthiest corporations steal from their workers.

Giants like Walmart, JP Morgan and State Farm regularly face lawsuits because of illegal wage practices. A recent report cited various reasons why businesses that can afford to pay a fair wage continue to steal from their employees. It may be that workers do not always have the support of a union to fight for their pay, and in many areas, the laws related to fair wages are not uniformly enforced.

Wage theft can occur in many ways, such as misclassification of employees, not paying a fair wage and forcing employees to work off the clock. When a corporation saves money on labor, that money can go into the pockets of its executives. This, some believe, is enough motivation to break the law and deny a just wage to many hard-working employees.

The fines and penalties for wage theft do not seem to bother some of the large companies who have faced wage and hour claims multiple times. The report concludes that such companies are willing to take the risk, and the threat of fines does little to deter the practice. However, that does not mean a worker does not have the right to pursue justice when an employer pays an unfair wage. Seeking the guidance of a California attorney is often a prudent first step.

Pregnant women commonly face discrimination at work

On Behalf of Le Clerc Le Clerc LLP
July 5, 2018
Pregnancy Issues

Most women have goals in life that they hope to achieve. Some of those goals may involve career success, and others many involve starting a family. For many women, it is not unusual to have both of these goals in mind. While the majority of career women are perfectly capable of balancing work duties, pregnancy and motherhood, many expectant and new mothers face discrimination on the job.

It may interest California readers to know that there are laws in place that work to protect pregnant women or those who intend to become pregnant from discriminatory actions. A woman cannot be dismissed from her job simply for being pregnant, and women applying for jobs cannot be passed over because they are pregnant or plan to have children in the future. Unfortunately, laws do not always prevent employers from acting unfairly.

Many women can provide examples of facing this type of discrimination on the job. One woman stated that she needed accommodations at work due to morning sickness and being unable to lift heavy objects while pregnant, but rather than being given accommodations, her supervisor indicated that she should take unpaid leave. Other women have also endured comments in which their employers tell them that their careers will not progress because they are pregnant or have children.

Unfair treatment is something that affects many people throughout their lives. When it comes to employment situations, discrimination should not be tolerated. If California employees or prospective employees believe that they were fired, passed over for a job or otherwise mistreated due to pregnancy, they may wish to explore their legal options.

California Expands Protections Based on Employees’ National Origin

On Behalf of Le Clerc Le Clerc LLP
June 29, 2018
Workplace Harassment

California has finalized a new rule expanding national origin discrimination protections under the state Fair Employment and Housing Act (FEHA). This new rule takes effect on July 1, 2018.

Under FEHA, employers with five or more employees are prohibited from discriminating on the basis of national origin, among other protected classifications.

The new rule revises the meaning of “national origin” to include an individual’s or ancestors’ actual or perceived (1) physical, cultural, or linguistic characteristics associated with a national origin group; (2) marriage to persons of a national origin group; (3) tribal affiliation; (4) membership in an organization identified with or seeking to promote the interests of a national origin group; (5) attendance in schools or religious institutions typically used by persons of a national origin group; and (6) name associated with a national origin group.

The regulations also create additional protections for discrimination based on national origin. Specifically, the rule prohibits creating language restrictions, such as an English-only rule, unless the restriction results from business necessity, is narrowly tailored, and employees are notified of the details of the restriction.

Similarly, employers cannot discriminate against an employee for an accent associated with a national origin group, or based on the employee’s English proficiency, unless English proficiency is justified by business necessity.

An employer may not inquire or attempt to discover an applicant’s or employee’s immigration status, unless necessary to comply with federal law. Harassment based on the individual’s immigration status is also prohibited.

Employers cannot place employees in certain geographical areas, facilities, or positions based on national origin, or impose height or weight requirements that may have a disparate impact on the basis of national origin. Finally, employers may not retaliate against any employee for opposing discrimination on the basis of national origin, including by filing a complaint.

Source: Littler, https:/www.littler.com/publication-press/publication/july-new-january-salary-history-data-security-breaches-new-state-and, June 12, 2018.

Sexual harassment has no place at work, or elsewhere

On Behalf of Le Clerc Le Clerc LLP
June 28, 2018
Sexual Harassment

When situations become sexually charged, they can often be difficult to navigate. In many cases, the advances or other actions taken are inappropriate or unwanted, and they can make individuals feel uncomfortable. Beyond that, some actions can become so continual and excessive that they could constitute sexual harassment, which is a major issue at places of employment and elsewhere.

California readers may be interested in hearing about a woman in another state who contended with such inappropriate actions for some time. Reports stated that she worked for celebrity chef Mike Isabella and became the highest-ranking woman in his culinary business organization. Despite her success, the woman believes that the work environment accepted contempt for women and remained hostile due to the sexual misconduct that occurred.

Due to the actions she faced, the woman has filed a lawsuit claiming sexual harassment against Isabella and his business partners. She stated that she endured unwanted touching, sexual remarks, insults, rumors and inappropriate sexual advances. After one incident in which the woman alleges that Isabella suggested that another chef have intercourse with her, the woman left the restaurant where she was working. Isabella reportedly demanded that she return and then fired her.

Having to work in conditions such as these can be taxing at best and traumatizing at worst. Whenever sexual harassment takes place at work, affected individuals may want to understand what steps they can take to have the situation addressed. If supervisors or other appropriate parties do not take steps to handle complaints, workers may need to speak with California attorneys regarding their legal options.

San Francisco’s Consideration of Salary History Ordinance

On Behalf of Le Clerc Le Clerc LLP
June 20, 2018
Equal Pay

San Francisco’s Consideration of Salary History Ordinance (the “Ordinance”) takes effect on July 1, 2018. The Ordinance in certain respects mirrors California’s Labor Code section 432.3, which went into effect on January 1, 2018.

Section 432.3 prohibits both public and private employers from relying on salary history information of an applicant as a factor in determining whether to offer employment or the amount of pay. It also prohibits employers from seeking salary history information about an applicant, either directly or indirectly. Section 432.3 also requires an employer to provide the pay scale for a position to an applicant upon a reasonable request.

The Ordinance prohibits employers from (1) asking applicants about their current or past salary, or (2) disclosing a current or former employee’s salary history to a prospective employer without that employee’s written authorization, unless the salary history is publicly available, required by law, or subject to a collective bargaining agreement.

Under both laws, an employer may consider salary history if the employee voluntarily and without prompting discloses it. Further, the Ordinance permits employers to “engage in discussion” concerning the applicant’s “expectations” about salary, including unvested equity, deferred compensation, or bonus that an applicant would forfeit or have canceled by virtue of the applicant’s resignation from their current employer. However, no similar provision exists under Section 432.3.

Pregnancy Discrimination Act offers protections for workers

On Behalf of Le Clerc Le Clerc LLP
June 14, 2018
Pregnancy Issues

It is not unusual for most women to be asked when they plan on having children. For some California residents, the answer is never or not soon. Others may happily announce that they are pregnant or planning to conceive soon. Though those in the latter categories may feel excited about pending motherhood, they may have apprehensions about facing unfair treatment on the job due to pregnancy discrimination.

Just like many other forms of discrimination, treating a pregnant employee or new mother unfairly is against the law. The Pregnancy Discrimination Act works to protect employees and prospective employees from discriminatory actions during any part of the employment process, including during application reviews and interviews. It also protects workers from being forced to continue their work-related duties if they are unable.

If pregnancy or childbirth results in an employee being temporarily unable to fulfill her typical work duties, the employer should assess the situation as he or she would with any other temporarily disabled employee. This action also includes providing temporary paid or unpaid leave to an employee disabled by pregnancy or childbirth if that same leave would be provided to any other temporarily disabled employee. However, an employer may require that a doctor’s notes are provided before making accommodations.

No one wants the joyous occasion of expecting a child or recently having a child marred by pregnancy discrimination at work. Unfortunately, not everyone escapes such unfair treatment. If workers in California believe that they were treated unfairly on the job or during the hiring process due to pregnancy, childbirth or related issues, they may wish to explore their legal options for seeking justice.

FBI agent fired after filing sexual harassment complaints

On Behalf of Le Clerc Le Clerc LLP
June 7, 2018
Sexual Harassment

Feeling unsafe in the workplace can be a frightening experience. Individuals who have faced sexual harassment may fear that a threat lurks behind every corner as co-workers or supervisors may have carried out the harassing acts. Even if individuals did not act in a harassing manner themselves, they may not have taken action to address or prevent the misbehavior either.

California readers may be interested in one out-of-state woman’s case involving such actions. Reports stated that the woman was an FBI agent and faced harassment from a male agent. Apparently, the other agent spread unseemly rumors about the woman and created a fake dating profile using her photo. The woman filed a complaint with law enforcement officers because the man’s behavior became so extensive. She even had to go on medical leave for undisclosed reasons associated with the harassment.

The woman then stated that she faced reprimands at work due to filing her complaint and was instructed not to discuss the issues. She later filed a discrimination complaint and was eventually fired from her job. As a result, she has filed a lawsuit against the agency for sexual harassment.

Individuals should not have to fear for their well-being or their reputation while on the job. Unfortunately, acts of sexual harassment can damage both. If California residents have faced such misconduct, they may want to consider their legal options. In some cases, it may be necessary to file lawsuits in order to have these types of situations properly addressed. Interested individuals may want to consult with experienced attorneys for more information.

Minimum Wages on the Rise in California

On Behalf of Le Clerc Le Clerc LLP
June 3, 2018
Wage and Hour Claims

Multiple jurisdictions throughout California have enacted minimum wage laws that require payment of wages greater than those which are required by federal and California state law. Many of these jurisdictions schedule increases to take place on July 1, 2018. Below is a summary of the changes to the minimum wage, effective July 1, 2018.

Jurisdiction (Number of Employees)	Minimum Wage (Current)	Minimum Wage (July 1)
Emeryville, CA (56 or More)	$15.20	$15.69
Emeryville, CA (55 or Fewer)	$14.00	$15.00
Los Angeles, CA (26 or More)	$12.00	$13.25
Los Angeles, CA (25 or Fewer)	$10.50	$12.00
Los Angeles County, CA (Unincorporated) (26 or More)	$12.00	$13.25
Los Angeles County, CA (Unincorporated) (25 or Fewer)	$10.50	$12.00
San Francisco, CA (Generally)	$14.00	$15.00
San Francisco, CA (Government-Supported Employees)	$12.87	$13.27
Santa Monica, CA (26 or More)	$12.00	$13.25
Santa Monica, CA (25 or Fewer)	$10.50	$12.00
Pasadena, CA (26 or More)	$12.00	$13.25
Pasadena, CA (25 or Fewer)	$10.50	$12.00
Malibu, CA (26 or More)	$12.00	$13.25
Malibu, CA (25 or Fewer)	$10.50	$12.00
San Leandro, CA	$12.00	$13.00
Milpitas, CA	$12.00	$13.50
Belmont, CA	State Law ($11.00 or $10.50)⁴	$12.50

Steps to taking when filing a sexual harassment complaint

On Behalf of Le Clerc Le Clerc LLP
May 30, 2018
Sexual Harassment

Feeling harassed in any setting can be disconcerting. When sexual harassment takes place at work, it can be even more difficult to face as individuals have to return to their jobs day after day. Fortunately, individuals in this type of position can take steps to report the misconduct and harassing behaviors they have faced.

California workers may want to remember that behaviors must be continuous and troublesome to be considered harassment. If individuals believe they have valid reason to make a complaint, they may first want to review their employee handbook or policies to determine the companies stance on anti-harassment and anti-discrimination efforts. Typically, company policies will also include ways in which workers can go about filing complaints with the proper department, such as human resources, in order to have their concerns addressed.

Victims may also want to gather evidence that could help bolster their claims. Any physical evidence, such as vulgar emails or photographs from co-workers, and witness statements could work as evidence as well as documentation of when the acts occurred and who they involved. Once the claim is filed, the applicable superiors should review and investigate the situation.

Of course, not every case is handled properly. In some cases, no investigation takes place or the investigation is not taken seriously. When this occurs, victims of sexual harassment in the workplace may feel the need to take further action, and luckily, they have legal options for doing so. They could contact the Equal Employment Opportunity Commission in regard to potentially filing a lawsuit as well as speak with knowledgeable California attorneys about viable legal avenues.

Source: NBC Los Angeles, “What to Know About Reporting Workplace Harassment“, May 25, 2018

Do you work in a hostile work environment?

On Behalf of Le Clerc Le Clerc LLP
May 27, 2018
Workplace Harassment

As a California worker, you undoubtedly have days when you wish you did not have to go to work. Possibly that is because your workplace is not always the pleasantest place to be. You may have to deal with people who incessantly tell off-color jokes, make negative comments about you or other co-workers, make discriminatory and/or offensive comments to you, or otherwise make your life miserable. This type of workplace harassment can rise to the level of a hostile work environment.

Sadly, many forms of workplace harassment still exist, despite the fact that Title VII of the 1964 Civil Rights Act prohibits them. As you know, this Act prohibits discrimination based on any of the following:

Race or ethnicity
Religion
Gender
Age
Political views

The good news is that this same law affords you protections against a hostile work environment. The question is, do your particular workplace and the things to which you are subjected actually constitute a hostile work environment?

Indefinite definition

As you might suppose, there is no all-encompassing definition of hostile work environment. Instead, these cases are highly fact-dependent, and the situation that one court decides is hostile is not necessarily the same as the situation another court would. Nevertheless, courts tend to take the following factors into consideration:

How severe the harassment was
How long it took place
Whether or not it negatively impacted the plaintiff with regard to his or her work performance and productivity

Verbal assault

One thing that courts have pretty well decided is that words alone seldom constitute a hostile work environment. Not only must you show that the words offended you, you also must show that they were objectively offensive, i.e., that any reasonable person would likewise find them offensive. In addition, under most circumstances the person who said the words must also have committed an offensive act.

The exception to this general rule is in the case of verbal assault. If you can show that the words your co-worker said were so egregious, vulgar, lewd and/or hurtful that they embarrassed and/or humiliated you, the judge or jury may well conclude that your co-worker committed a verbal assault against you.

Damages

Although proving a hostile work environment is difficult, if you win your lawsuit, you likely will receive damages sufficient to recoup any medical bills and lost wages you sustained, as well as your emotional distress. You may also receive punitive damages if the judge or jury determines that your employer knew or should have known about your harassment but failed to stop it.

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