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In California, Is it legal to be fired for taking a Vacation?

For many of us, our summer vacation is the most important time of the year. It doesn’t matter where you go, just as long as you can get away from the stress of everyday life. Yet for some Californians, they have never had that time away to take a vacation. The reasons- for some their finances won’t allow it, for others they don’t have paid vacation days.

There is no law that requires employers to give employees a paid vacation.

Yes, and in fact some companies have terminated workers if they take trips at inopportune times. Most employers won’t fire employees who take a vacation — but it can happen, particularly in the California, where the majority of non-union employees are freelancers or at-will, which means that you can be fired for any reason, as long as it is not an illegal reason, such your;  gender or race.

Continue reading “In California, Is it legal to be fired for taking a Vacation?”

Metoo

In the fall of 2017, increased yet unreported sexual harassment and abuse in the workplace ignited a movement against sexual harassers and abusers. It was called the #MeToo movement. Now women and men alike can speak out about their experiences on social media with the hashtag #MeToo.

In response, California legislators introduced a bill designed to change the way that the state handles sexual harassment cases. Under current law, sexual harassment must be “severe or pervasive” to be a violation. According to an experienced sexual harassment lawyer, this reading of California law is based on a 2000 federal appellate court ruling. But under Senate Bill 1300, which was authored by Senator Hannah-Beth Jackson, this ruling will no longer be the law in California.

Critics of the ruling — including the California Employer Lawyers Association and Equal Rights Advocates — have stated that it allows perpetrators to get “one free grope” without consequences. Governor Jerry Brown signed the new law, which allows employees to file a sexual harassment claim for just one incidence of harassment, after it passed the legislature. It goes into effect on January 1, 2019.

S.B. 1300 also forbids confidentiality or non-disclosure clauses that would prohibit employees the right to discuss unlawful in the workplace. In addition, the law prohibits employers from requiring employees to release claims as a requirement of employment or in exchange for a raise. However, non-disclosure clauses are permitted as part of settlement agreements, as long as the agreement is voluntary.

This new law promises to be a major development in California for employees, as it will ensure that workers no longer have to tolerate sexual harassment for months or even years before seeking help. Employers will also be on notice that no form of sexual harassment is acceptable — and may have a greater incentive to prevent all forms of sexual violence in their workplaces.

By changing the law, California is sending a clear signal that its employees do not have to suffer “severe and pervasive” harassment as part of their jobs. Instead, even one instance of sexual harassment may be sufficient for a legal claim. Of course, it remains to be seen how courts will interpret this law. A skilled sexual harassment lawyer can work with employees who have experienced sexual harassment to help them determine if they may have a claim, either under the current law or the new law that will go into effect in 2019.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

The lawyers at KJT LAW GROUP are dedicated to assisting employees who have suffered workplace sexual harassment. Working with a professional who understands the complexities associated with Sexual Harassment Law will improve the chances of you receiving your rightful compensation. We will work hand in hand with our clients to help them achieve justice. If you have been sexually harassed at work, know that there is help. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Slumlord

The Supreme Court of California has affirmed that every rental tenant has an implied warranty (the right) of habitability. This simply means that landlords must keep their properties “habitable”, not only sanitary and safe but also structurally sound. The rental property must be compliant with state and local codes for health and safety.

A rental unit must have all of the following in order to be livable:

  • Working toilet, shower or bathtub and sink in a vented room that allows privacy
  • Safe emergency exits leading to a hallway or stairs
  • Mailbox with lock
  • Kitchen with a sink
  • Natural lighting in each room through a window or skylight
  • Windows in each room for ventilation or fans that provide ventilation
  • Working deadbolt locks on main entry doors
  • Smoke detectors that are functioning

Continue reading “Tenant Habitability Issues and Slum Condition”

Self Driving Car

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the intersection. Though the Volvo flipped onto its side after hitting a pole, no serious injuries were reported.

Accident investigators found the human driver to be at fault. The artificially intelligent (AI) vehicle was traveling just under the speed limit, and the employee “behind the wheel” stated he saw the Honda driver but did not have time to react.

Continue reading “Yes, Fully Self-Driving Cars Are Coming To California”

Overtime Pay

Overtime Facts in California

“In California,  a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

  1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Continue reading “Are you being Short Changed for Your Overtime Pay?”

Cumulative Trauma Injuries

Under California Workers’ Compensation law, cumulative injuries qualify for workers’ compensation benefits even if they occur over a period of time rather than in one incident.  

Basically there are two types of workplace injuries. One is a workplace injury which is generally referred to as a specific injury and the second one is cumulative trauma.

What are Cumulative Trauma Injuries?

Continue reading “Understanding Cumulative Trauma Injuries: California Workers Comp Explained”

Construction Site Accident

The construction industry is one of the most dangerous industries in the United States. Each
year, many thousands of individuals are injured and even killed in construction site accidents. Too many serious injuries are caused by a fall or dropped objects. It is also common for workers to trip over a piece of lumber that is left in an unsafe place. Some of the injuries that occur on construction sites
can result in:

  • Broken and fractured bones
  • Head injuries
  • Spinal cord injuries
  • Electrocution
  • Burn injuries
  • Wrongful death

Continue reading “A Construction Site Accident is No Laughing Matter”

Pedestrian Walkway

Regardless of the established rules and regulations for a pedestrian’s right of way, negligent and inattentive drivers are still hitting people walking or crossing our Southern California streets, causing serious and sometimes catastrophic injury. We have all experienced drivers that fail to acknowledge basic rules of the road when they encounter someone walking across a street.

Why Pedestrian Accidents Occur

In California, pedestrians have certain rights, such as; drivers are required to stop for pedestrians at all crosswalks (whether unmarked or marked). Here are the most common factors involved in pedestrian accidents:

Continue reading “What YOU Need to Know about Pedestrian Accidents”

Thanksgiving Dinner Meal Break Rest Break

If your boss violates California rest and meal and state laws, you may be able to sue your employer for not allowing you to have your legal amount of meal or rest breaks. For instance, if your employer denies you a meal break, or does not compensate you for your rest break, they can suffer real consequences.

Under California law, an employee must be given breaks every five hours. You cannot work for more than five hours a day without be given a meal period of at least thirty minutes. If your total work day is only 6 hours in that case a meal break can be waived by both parties.

When you work for more than ten hours, a 2nd meal period of not less than 30 minutes must be allowed. Again, if you are only working a total of 10 hours or less, the 2nd meal period can be waived by mutual consent, as long as you did not waive your first meal break.

Continue reading “What you need to know about Meal and Rest breaks”

Truck Accident

Despite what you may have heard or read, all motor vehicle accidents are not treated equally by the law. A truck accident is defined as vehicle crashes involving 18-wheelers, tractor trailers, semi-trucks and other commercial motor vehicles that cause personal injury and/or property damage.

It was reported by the Federal Motor Carrier Safety Administration, “accidents that involved large commercial trucks accounted for 287,000 property damage claims, 77,000 injuries and 4,321 deaths over the course of a single year.” Comparably, medium to large trucks are responsible for a very small segment of the accidents that take place on highways; but their large size causes more serious damage and the accidents are more likely to be catastrophic. Motor vehicles that collide with large trucks see much more damage to their vehicle. Another big difference is in terms of settlements after an accident. The amount of effort and costs associated with investigating and pursuing the remedies in a trucking accident are more complex and more expensive.

Continue reading “Truck Accidents Versus Auto Accidents What You Need to Know”

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