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March 2018 Archives

How can I prove I was harassed in the workplace?

One factor that keeps so many victims silent in the instance of workplace sexual harassment is the fear they will not be believed. Many harassers do not commit their offenses in easily captured media such as emails or text messages, instead engaging in sexual harassment in private places with no witnesses. This results in "he said, she said" situations where the burden of proof may be on the victim, making you extremely reluctant to come forward out of fear of being dismissed or even punished. So how can you prove you were harassed when you are your only witness?

What is disparate impact, and how does it affect me?

No one wants to face discrimination in their California workplace, but sometimes you find yourself dealing with a hard situation where your employer or coworkers has taken unfair action against you in ways that affect you as a member of a class protected by race, creed, religion, sexuality, gender, gender identity, disability or several other factors. Sometimes these offenses are blatant, but sometimes they arise because a seemingly fair policy actually has a negative effect on you. When this happens, it is called disparate impact.

Reporting sexual harassment should not be traumatizing

Letting others know that sexual harassment has taken place at work can be difficult for victims in California. FindLaw explains that one of the most important steps to making the behavior stop, though, is reporting it according to the company's procedures for handling sexual harassment complaints. A company that does not have policies and procedures for dealing with sexual harassment, or does not follow them, puts the employee in a position to face continued harassment, trauma and retaliation.

Can a California employer legally pay less than minimum wage?

After being hired by a California employer, they inform you that you will not be paid the state's minimum wage of $11.00 per hour for the first few weeks of your employment while you undergo training and on-boarding. Your first response may be dismay, and your second response may be to instinctively say that it is illegal. But is it actually illegal? Are there ever any circumstances where an employer may pay you less than minimum wage and still be compliant with state and federal labor law?

Are "use it or lose it" vacation time policies legal?

You have had a busy year with your California employer, and did not use all of your vacation time. Perhaps you simply did not have time, or perhaps you chose to save up your vacation time to use to take a more extended vacation later. But the end of the year is approaching, and your employer has informed you that if you do not use your vacation time now you may lose it once the year rolls over. Is your employer legally allowed to cancel out your unused vacation time at the end of the year?

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Santa Barbara, CA 93103

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