Santa Barbara Employee Rights
Employees with Legitimate Claims for Overtime Should Not Crumble Under Employer Threats
California has fee-shifting provision in place for claimants seeking unpaid minimum wages and unpaid overtime pay, by which the prevailing employee is entitled to attorney’s fees. Many employer defendants have sought to scare away a former employee plaintiff by “reminding” them that if the employee loses, the employer will go after them for their fees…
Read MoreAparte de los permisos de ausencia comunes, ¿cuáles otros derechos tiene Ud. a un permiso de ausencia pagado o no pagado?
Un empleado puede tomar tiempo fuera del trabajo, sin miedo de perder su trabajo, para: 1. Permiso de ausencia para actividades honorables – Código laboral §§ 230.3-.4; 1501-1507. Se requiere de los empleadores en California que dejen a los empleados tomar permiso de ausencia no pagado para servir como bomberos voluntarios, policía de reserva, personal…
Read MoreWet Seal agrees to pay 7.5 million to settle gender discrimination class action lawsuit
Wet Seal, a California based retailer, has settled a national class action suit that was filed in federal district court. The employment discrimination case was based on the company’s alleged Title VII of the Civil Rights Act of 1964 violation. The act prohibits employers from discriminating against employees based on sex, race, national origin, color…
Read MoreOther than the common leaves of absence taken from work, what other rights do you have to take a paid/unpaid leave?
An employee may also take time off work, without fear of losing their job, for: 1. Time Off For Honorable Activities –Lab. Code §§ 230.3-.4; 1501-1507. Employers in California are required to allow employees to take unpaid leaves of absence to serve as volunteer firefighters, reserve peace officers, emergency rescue personnel, or as a member of…
Read MoreForced or Asked to Sign an Arbitration Agreement at Work?
Why Does it Matter? Many employers ask (or require) employees to sign arbitration agreements. Once signed, the employee gives up their right to sue their employer in court over job-related issues such as wrongful termination, breach of contract, and discrimination. An employee who signs an arbitration agreement promises to pursue legal claims against the employer…
Read MoreCan Your Boss Access Your Facebook, Twitter, LinkedIn, or other Social Media Accounts?
California’s law regarding employer use of social media precludes an employer from requiring or requesting an employee or applicant to: (1) Disclose a username or password for the purpose of accessing personal social media; (2) Access personal social media in the presence of the employer; or (3) Divulge any personal social media, except an employer’s…
Read MoreComing Soon- Obama Administration’s Health Care Law Rules
Obama administration continues moving forward to implement health care law by releasing final rules on employment-based wellness programs WASHINGTON — The U.S. Departments of Health and Human Services, Labor and the Treasury today issued final rules on employment-based wellness programs. The final rules support workplace health promotion and prevention as a means to reduce the…
Read MoreIs Your Boss Paying You Correctly Under a Piece Rate Wage Plan?
Piece-rate employees must be paid separately for work that does not fall within the scope of the work that is the subject of the piece rate. So, if you’re a brake mechanic and are paid by the brake job (or other repair), but also clean the shop, make appointments, open/close the shop or any other duties…
Read MoreSupreme Court Hears Oral Argument on Same-Sex Marriage – Hollingsworth v. Perry (March 2013)
Hollingsworth v. Perry (Docket Number: 12-144) Date Argued:03/26/13 For those of you following the same-sex marriage debate, the oral argument heard by the Supreme Court can be downloaded or played by clicking one of the below: Media Formats: MP3 Download Play Windows Media Download Play RealAudio 10 Download Transcript (PDF) View To download file: From…
Read MoreWhistleblower Protection for Hospital and Health Care Industry Employees
Health care facilities must comply with California Health and Safety Codes in order to ensure that patients and medical staff are not subjected to an unreasonable risk of health or safety within the facility. At times, hospital and other medical facility employees observe conditions that run the risk of creating a danger, but often worry…
Read More