Calabasas Employment Law Blog

Help for victims of the different forms of sexual harassment

There are different types of sexual harassment and it is important to be familiar with each and what to do if you are facing sexual harassment or abuse in the workplace. The reality is that sexual harassment occurs everyday and in the every industry and victims are protected against it.

Sexual harassment can impact the victim's ability to perform their job successfully but can also take a toll on the victim both emotionally and psychologically and, as a result, can impact the victim's professional and personal lives. The detrimental impact of sexual harassment can be devastating for victims which is why they should be familiar with the legal resources and remedies available to them.

The importance of protecting fair wages

Ensuring that workers receive the wages they have earned is important. Because state and federal wage laws can be complex, it is also important for workers to understand how to protect their rights.

Because wages are an understandably high priority for workers, it is essential for them to understand wage and hour laws and what to do in circumstances of wage and hour violations. Federal and state laws set minimum wages; states can have their own minimum wages but it cannot fall below the federal minimum wage. The same laws also identify when a worker is entitled to receive overtime pay for working long hours. Hours worked in excess of 40 hours a week usually qualify for overtime pay.

Did you know that you deserve a meal break at work?

Every day, your employer asks you to work through your lunch break. Some of the time, it is very obvious: Your boss tells you there is too much to do and you need to eat at your desk. On other days, he or she implies it, perhaps by saying that dedicated employees will find ways to get more done throughout the day.

Either way, you cannot remember the last time you actually took time off for lunch. You know the rest of the workers in your office feel the same way. People complain about it, but it is just part of the company culture. This is a highly competitive field. People make sacrifices.

Workers in California protected from sexual harassment

Sexual harassment does not have to be tolerated in the workplace and California laws protect workers from it. To better understand their rights, workers should be familiar with what sexual harassment is and what types of behaviors it includes.

According to state laws, sexual harassment includes unwanted sexual behavior, including unwanted sexual advances or any physical, verbal or visual conduct that is sexual in nature. The definition of sexual harassment in California is broad enough to include many forms of offensive behavior. It can also refer to instances of harassment when the victim and harasser are of the same sex. A variety of different behaviors are prohibited that would create a hostile work environment or suggest quid pro quo related to sexual favors.

Protections for wrongfully terminated employees

It is important for workers to understand that there are reasons for terminating their employment that may be considered illegal. Workers have important legal protections against this type of prohibited activity that they should be familiar with and understand. To protect their rights, they must be aware of what they are.

Examples of potential wrongful termination include terminating an employee for reporting misappropriation of public funds; terminating an employee for refusing to commit fraud such as Medicare fraud; terminating an employee for refusing to violate the law; terminating an employee for protesting illegal or unsafe working conditions; terminating an employee for demanding appropriate overtime compensation; termination an employee for refusing to engage in retaliation or discrimination; or terminating an employee for reporting workplace discrimination, harassment or retaliation.

What are the different types of sexual harassment?

There are generally two types of sexual harassment recognized by the law, and both are prohibited. Sexual harassment in the workplace does not have to be tolerated and it is important for those experiencing it to know how they can protect themselves.

To be considered sexual harassment, there are some general considerations to take into account. The conduct must be offensive and unwelcome by the victim. Even if the victim is not economically harmed or does not lose their job, the conduct may still be considered harassment. In addition, the party committing the harassment can be the victim's supervisor, a supervisor in another area, a co-worker or a non-employee. Victims can be both men and women, and the harassment does not need to take place between opposite sexes.

Protections for workers from wage and hour violations

Wage and hour protections are available at both state and federal levels and it may be possible to make a complaint through both. When a worker has been denied overtime pay or minimum wage, they may be able to recover wages they are owed by understanding how they can report wage and hour violations.

Under the Fair Labor Standards Act, employers are required to pay workers at least the federal minimum wage and overtime pay for employees who work over 40 hours in a week. When workers have been denied the wages they are due, they may be able to receive back pay for the wages they were wrongly denied through the complaint process.

Employees should understand their rights under the law

All employees have specific rights under the law. There are various entities that set these laws, including the federal government and the State of California. While many employers are upstanding and ensure that employees' rights are being respected, others don't pay as much attention.

Violations of labor laws can make a workplace unbearable. They can cause employees to suffer. Employees should know their rights so that they can make sure their employer is complying with them.

Workers should be protected against wrongful discrimination

Workplace discrimination is a serious concern for the stability of workers and is prohibited in the workplace. To protect their rights against workplace discrimination, it is important for workers to be familiar with what those rights are and how to enforce them when they have been violated. In addition to protections against workplace discrimination, workers cannot be retaliated against for complaining about workplace discrimination.

The law prohibits employers from discriminating against employees or prospective employees on the basis of race; color; national origin; sex, which includes gender identity, sexual orientation and pregnancy; disability or genetic information. In addition, employers are prohibited from discriminating when posting job advertisements, when recruiting and in the application, interview and hiring processes.

Victims of sexual harassment in the workplace are protected

Sexual harassment is a serious issue in the workplace that victims should not have to tolerate. There are two broad categories of sexual harassment that victims should be familiar with and victims should always understand their legal rights and protections against sexual harassment.

Unfortunately, sexual harassment still takes place in the workplace and can impact the victim's job performance, comfort level, safety and can cause them emotional and other types of harm. Sexual harassment generally falls into two categories including quid pro quo sexual harassment or hostile work environment sexual harassment. In circumstances of quid pro quo sexual harassment, sexual demands are made in exchange for favorable treatment at work or to prevent derogatory treatment. In circumstances of hostile work environment, the sexual behavior is so persistent as to create a hostile work environment for the victim.

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