Last updated 4 months ago
A former Disney employee is suing with the help of the American Civil Liberties Union, alleging that she was discriminated against because of her Islamic beliefs.
The woman began working at one of the restaurants at the Grand Californian hotel in 2008 and was allegedly subject to two years of ethnic insults before being fired. As this video explains, the woman wears a hijab and she was reportedly told it did not comply with the company’s dress code. After making several suggestions on how she might comply, her bosses suggested she work in the back area away from customers. She was terminated in 2010 after refusing to wear a large hat on top of her hijab.
Her suit alleges that the company failed to prevent discrimination and harassment and that she was wrongfully terminated. If you have been wrongfully terminated or believe that you have been discriminated against, contact the Advocacy Center for Employment Law in San Jose. Our office focuses on employment law and civil rights claims, so call (408) 600-1972 to learn how we can help.
Last updated 4 months ago
In these tough economic times, you may simply be thankful that you have a job and be willing to overlook workplace disputes. However, some disputes are significant and may warrant legal action. Continue reading to learn more about common workplace disputes that may require the services of an experienced employment lawyer.
Wage & Hour Claims
For many people, whether they are classified as hourly or salary employees makes a big difference in the work environment. This classification can affect overtime pay, rest, and mealtime requirements, which is why it is often a source of workplace disputes between employers and employees.
California is an at-will employment state, meaning that an employer or employee can generally terminate the employment relationship without cause. However, there are exceptions to at-will employment. For example, governmental employees and union members cannot be fired without cause, and employees cannot be fired for whistleblowing or refusing to participate in unlawful activities.
Right of Privacy
The question of whether an employee has a right to privacy is constantly evolving as technology changes. In recent years, courts have addressed issues of employer eavesdropping, video surveillance, and whether it is acceptable for employers to monitor computer use. Courts will generally focus on whether the employee’s expectation of privacy was reasonable and whether the employer’s conduct was unreasonably intrusive.
There are federal and state laws in place that protect employees and prospective employees from discrimination based on race, religion, gender, marital status, disability, and sexual orientation. These employment discrimination laws apply to all aspects of employment, including the hiring process, promotions, raises, and termination.
At the Advocacy Center for Employment Law in San Jose, we focus on helping employees through difficult times at work. We are available to help with civil rights violations, sexual harassment, right of privacy claims, trade secrets, unfair business practices, and more. To learn how a lawyer can help with your employment law issue, call our San Jose office at (408) 600-1972.
Last updated 5 months ago
Federal and state laws govern overtime, breaks, and mealtime requirements for employees. Companies may face serious potential liabilities for violating these laws, which is why it is important for employees to understand their wage and hour rights in California. Continue reading for a basic guide to wage and hour disputes and information on when you should contact an employment lawyer to protect your rights.
Law for Nonexempt Employees Nonexempt employees over the age of 18, and select minors between the ages of 16 and 17, cannot be employed for more than eight hours in any workday or more than 40 hours in any workweek without receiving overtime pay of one and one-half times the employee’s regular rate of pay. If you are a nonexempt employee and work more than 12 hours in any workday or more than eight hours on the seventh consecutive day in a workweek, you are entitled to double your regular rate of pay. Contact a lawyer if your employer is withholding overtime pay that you are rightfully entitled to.
Distinguishing Between Exempt and Nonexempt California law provides for a number of exemptions, which means that the overtime law does not apply to that category of employees. For example, there are exemptions for executive and professional employees, some government employees, some family members of the employer, and many other professionals. This distinction is also important because the classification may affect break time and other aspects of your employment. To learn more about the difference between exempt and nonexempt employees, consult with an attorney today.
Unfortunately, employers sometimes take advantage of this distinction to reduce the amount of overtime they have to pay and the number of breaks they must give employees. If you believe you have been misclassified, contact a lawyer who focuses on employment law. The Advocacy Center for Employment Law can help by offering strong representation and we have a proven track record of protecting employee’s rights. Call our San Jose office today at (408) 600-1972.
Last updated 5 months ago
Look through the following resources to learn more about privacy laws and sexual harassment in the workplace.
If you were fired from work for off-duty online conduct, you may be able to file a claim with an employment lawyer. EFF.org helps outline the laws your employer may have broken.
Do you want to know the details about California’s workplace privacy laws as they relate to office romances? Look though this CLE article by an employment attorney to learn more.
When it comes to sexual harassment, the employer has the affirmative duty to prevent harassment. The American Bar Association explains how the company is responsible for its employees.
The U.S. Department of Labor website provides one of the most comprehensive definitions of workplace sexual harassment.
According to California Labor Code section 2992; your employer can discharge you for any reason, so long as the reason is legal. If you suspect discrimination, consult a local attorney.
The Advocacy Center for Employment Law is a San Jose, California firm with over 35 years of labor law experience. If you need actionable advice about your specific situation, call our office at (408) 600-1972. We offer no-cost initial consultation, and can help you decide whether to file a lawsuit.
Last updated 5 months ago
Pay discrimination is a real problem in American workplaces. This video discusses the issue of gender-based pay discrimination and equal pay rights. Federal law requires that employees be paid substantially equal amounts for equal work. This applies not just to a job title, but the actual work performed.
The Equal Employment Opportunity Commission received a record-high number of wage discrimination complaints in 2009. This underscores the size of the problem, and reminds workers everywhere to fight to equal pay. Click play to learn more about the issue of wage discrimination in the workplace.
If you need a skilled attorney to help you stand up for your rights in the workplace, contact the Advocacy Center for Employment Law in San Jose by calling (408) 600-1972. Our lead attorney has over 35 years of experience standing up to employers and helping victims receive back pay and other financial damages. Call today to schedule a consultation.