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August 2018 Archives

How workplaces should handle inappropriate workplace attire

Some California workplaces have dress codes that dictate employees maintain a certain level of professionalism in their style of dress. However, sometimes a worker might wear clothing that management considers too revealing or otherwise unprofessional. If you are someone who has been addressed by superiors on the question of your clothing, be aware that they have the obligation to treat your professionally as they discuss the matter and should not make you uncomfortable.

The process of determining back pay amounts

Sometimes, employers in California refuse to pay their workers. The reasons for this range from the personal to the financial, but the law rarely accepts a company's decision to withhold pay without a very convincing argument in favor of the action. However, since employers are seldom willing to distribute money they have decided to keep, one should expect to expend some resources in the pursuit of compensation.

What to look for in proving workplace retaliation

No California worker should be punished for blowing the whistle on discriminatory or harassment practices in the workplace. However, some supervisors and managers resent when an employee calls out bad behavior and will retaliate against that worker. You might find yourself in such a situation where you feel your workplace has retaliated against you, but you fear you case might not be easily proven. Your employer might come up with a cause to justify the demotion, firing, or whatever retalitory act you have suffered.

Is it sexual harassment?

Sexual harassment in the workplace is not a new phenomenon. However, it can sometimes be difficult to spot sexual harassment when it is happening to you.

Why should I pay attention to my employee handbook?

The fact that California allows employees to be fired at-will grants employers wide latitude to terminate their workers, provided that no civil rights laws have been violated. However, if workplaces set strict guidelines for how their employees may be hired and fired in their employee handbooks, they may have ended up setting aside the state's at-will doctrine.

Are you a employee or an independent contractor?

It is not uncommon for California businesses, especially small companies or startups, to misclassify employees as independent contractors. The idea of using independent workers might be attractive to managers and executives, as it is typically cheaper and allows access to labor on an as-needed basis. However, your employement status should reflect the duties, responsibilities and risks you take rather than the desires of your employer to reduce payroll costs. 

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