Calabasas Employment Law Blog

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.

When workers’ wage rights aren’t respected

Given the critical role wages play in workers’ lives, one would hope businesses would stick to the rules when it comes to paying employees. Unfortunately, this doesn’t always happen. Sometimes, companies commit wage violations against their employees. When workers suspect they have been the victim of this, one option they may have is to pursue legal action, such as a wage violation lawsuit.

A recent study looked at 1,200 wage violation claims against large U.S. companies. All of these lawsuits were successful, ending in either a settlement or a verdict. The cases were from 2000 to 2018. Overall, billions were paid out in these cases.

Were you a victim of wrongful termination? Know your rights

If you have reason to believe you were the victim of wrongful termination there's nothing wrong with learning more about your situation. Even if you come to find that your employer had the right to terminate your employment, it's better to learn more than to sit back and always wonder what could have been.

Here are a few things to keep in mind in regard to your termination.

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