Los Angeles Employment Law Blog

Many work environments in the United States today are fast-paced and cutthroat. Some employees will do anything to gain an advantage, even at the expense of their co-workers. Harassment and discrimination are still issues in workplaces all around the country. Employees in California who are subjected to discrimination at work may fear that if they speak up they will lose their job. They may feel that there is nothing they can do, but this is not the case.

Recently, two wrongful termination lawsuits were filed against a community college in another state over allegations of harassment and discrimination. The first lawsuit alleges that an employee was discriminated against due to her age and forced into an early retirement. The plaintiff claims that she was subjected to abuse and hostilities at work in an effort to get her to leave.

Independent contractors make up a significant portion of the U.S. workforce. In May of 2017, the share of workers who fell into this category was between 1.3% and 3.8%. Many of these employees do business in California, and while working as an independent contractor does have its perks, there is also the downside that a client may not always pay on time or at all. 

First and foremost, it is vital for independent contractors to set up contracts with everyone they do business with. This contract should lay out precisely when the employer will pay and how much it will be. Independent contractors should never just take someone's word that they will receive payment for services rendered. In the event an employer fails to pay, a freelancer can take steps, such as filing a wage and hour claim. 

Throughout American history, woman have had to silently endure sexual harassment and discrimination. These days, more and more women are choosing to speak out and stand up for what's right. Because of this bravery, significant progress has been made for women's rights in California and across the country. Unfortunately, harassment and discrimination against women still occurs far too often in the workplace. Recently, a woman in another state filed a lawsuit against her former employer over allegations of sexual harassment.

The woman worked for a automobile dealership and, according to the lawsuit, was constantly harassed by her male supervisor. The woman claims her former supervisor sent inappropriate text messages to her and tried to get her to go out of town with him. She also claims he made lewd comments about her body and clothing.

Without question, major life events can interfere with an employee's ability to be present at work. Events such as a major illness, surgical procedure or the need to take care of a close family member who has fallen ill can cause complications for employees in California. Fortunately, the Family and Medical Leave Act (FMLA) was passed in 1993 to help workers balance family demands and work responsibilities. FMLA leave is a wonderful benefit for employees, but there are some stipulations.

To be eligible for FMLA, employees are required to be employed for at least one year and to have worked at least 1,250 hours. Some workers may be under the impression that FMLA leave is paid. FMLA is actually unpaid, but eligible employees are allowed up to 12 weeks of leave during a 12-month period. Although FMLA is unpaid, employees may still be able to use vacation days and sick days as well as other employer paid-leave types. FMLA leave is job-protected leave, meaning an employer is required to reinstate employees when the return from FMLA leave.