What is disability discrimination in the workplace?
Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of a physical or mental disability. This includes failure to provide reasonable accommodations, harassment, wrongful termination, or denial of equal opportunities.
What laws protect me from disability discrimination in California?
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect individuals from disability discrimination at work. These laws require employers to provide reasonable accommodations and prohibit retaliation against employees who request them.
What should I do if my employer won’t pay what I’m owed?
California has some of the strongest wage and hour protections in the nation. If you suspect wage theft, gather all pay stubs, timesheets, and work records. Common violations include unpaid overtime, missed meal/rest breaks, off-the-clock work, and improper paycheck deductions. Contact our wage and hour attorneys immediately
What are the most common wage and hour violations in California?
California employers frequently violate laws regarding overtime pay (time-and-a-half after 8 hours daily or 40 hours weekly), meal breaks (30 minutes for shifts over 5 hours), rest breaks (10 minutes per 4 hours worked), final paycheck timing, and proper classification of employees versus independent contractors. Misclassification alone can cost workers thousands in unpaid benefits and protections.
What is the Family and Medical Leave Act (FMLA) and who qualifies in California?
The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions, bonding with new children, or military family emergencies. California's Family Rights Act (CFRA) provides similar protections. To qualify, you must work for a covered employer (50+ employees), have worked 1,250 hours in the past year, and been employed for at least 12 months. California also offers Paid Family Leave benefits during FMLA-qualifying absences.
What counts as LGBTQ+ discrimination at work?
LGBTQ+ workplace discrimination includes harassment based on sexual orientation or gender identity, denial of equal benefits to same-sex spouses, misgendering transgender employees, exclusion from company events, unequal pay or promotion opportunities, and creating hostile work environments through slurs or offensive conduct.
What protections exist against race and national origin discrimination in California?
California law provides robust protections against discrimination based on race, ethnicity, national origin, ancestry, and language accent. The Fair Employment and Housing Act prohibits disparate treatment, harassment, and policies that disproportionately impact protected groups. This includes protection against English-only policies that aren't job-related and discrimination based on accent, dress, or cultural practices.
What is considered sexual harassment at work?
California recognizes both quid pro quo harassment (conditioning employment benefits on sexual favors) and hostile work environment harassment (pervasive conduct that creates an intimidating or offensive workplace). This includes unwanted touching, sexual comments or jokes, displaying explicit materials, sending inappropriate messages, or repeated unwelcome romantic advances.
What is workplace retaliation?
Retaliation happens when your employer punishes you for reporting wrongdoing or exercising your legal rights. Retaliation can be obvious (termination, demotion) or subtle (social isolation, schedule changes, increased scrutiny).
What are common signs of elder abuse in care facilities?
Elder abuse warning signs include unexplained injuries, malnutrition, dehydration, poor hygiene, bedsores, sudden financial changes, social withdrawal, fear around caregivers, medication errors, or inadequate medical care. Physical, emotional, financial, and neglect-based abuse all violate California's Elder Abuse and Dependent Adult Civil Protection Act, which provides enhanced remedies including punitive damages.