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December 2017 Archives

Are offensive sexual comments sexual harassment?

No one wants to feel uncomfortable or unsafe in the work place, and you dread the day you have to face the possibility of a coworker sexually harassing you. However, if you are involved in an untenable situation at work, you may already be dealing with sexual harassment in the form of verbal abuse or verbal assault. Under California law, does a harasser have to actually physically touch you for it to count as sexual harassment in the workplace?

Can I work "off the clock" legally?

Working "off the clock" is a reality for many employees in various businesses, depending on the nature of the job and the area of employment. While there are some exceptions, working off the clock is not generally acceptable under modern employment law.

California's unique laws regarding employee termination

While facing the possible of wrongful termination in any state is a difficult matter, the state of California takes a significantly different approach to monitoring and enforcement of the typical at-will employment clauses employed by most states. While there exists overarching federal law regarding employee termination, employee protections, and at-will employment, California's special cases have gained it the reputation of one of the most employee-friendly states in the United States.

Understanding religious discrimination and accommodations

California law requires that employers make reasonable accommodations for employees to fairly and equitably practice their faith. According to the Society of Human Resource Management, the California Workplace Religious Freedom Act of 2012 protects all religious creeds, observances, beliefs, dress and practices and requires employers to make an effort that does not fall under the qualification of "undue hardship."

Pros and cons of a higher minimum wage

Workers in California will see an increase in their hourly wage come January 1st. The first state to approve a minimum hourly wage of $15, the state is steadily increasing the rate annually, and everyone, with some exceptions, will be paid this amount as of January 2023. Although employees are happy about this, there are arguments on both sides as to whether a higher wage is beneficial for everyone.

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Santa Barbara, CA 93103

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