CA Employment Law FAQ

Category: Employment Labor Law FAQ

How can I prove age discrimination in my workplace?

Proving you are the victim of age discrimination in your workplace can be challenging, so it is important to talk to an experienced employment lawyer at Windsor Troy. Firing older employees because of their age is wrong and can be against the law. To prove an age discrimination case, you will

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How and when do you file an unlawful retaliation lawsuit?

The Equal Employment Opportunity (EEO) laws prohibit retaliation and related conduct. If an employee or job applicant believes the employer is unlawfully retaliating by punishing them for asserting their right to be free from discrimination, he or she may decide to file a lawsuit. They must first file a charge with a

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Does an employer have to give me rest breaks?

While federal law does not require employers to provide workers with meal and rest breaks, California is one of the states that does require employers to provide these breaks and for workers to be paid for some of them. Meal Breaks: Employers in California are required to offer 30-minute meal breaks

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Can temps file discrimination lawsuits?

A temporary employee, often referred to as a “temp,” is hired to perform a job but is not necessarily considered an official member of the company for which the job is being performed. Temp workers usually report to the recruiter from the temporary agency who placed them. Therefore, the temp

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Can my employer legitimately deduct anything from my paycheck?

There are very limited circumstances in which your employer can rightly deduct funds from your paycheck, including the following: You owe union dues or taxes; The employer has suffered losses due to your dishonesty, willful misconduct, or gross negligence; or You’ve given written authorization for the deduction to be made.

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Can my employer ask about my age?

Federal law does not prohibit employers from asking employees or job applicants about their age, including in application materials and background checks. However, asking about a person’s age could discourage older workers from applying to jobs because of fear of possible discrimination. To avoid this, employers should keep personal information

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Can I get fired for reporting sexual harassment to my employer?

Under the Fair Employment and Housing Act (FEHA), employees have the right to report sexual harassment to their employer. Employers have the responsibility to respond to a sexual harassment complaint with a thorough, objective and complete investigation, and to take prompt and effective action should it be determined that sexual harassment did

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Can employers assign work based on employees’ ages?

No. Under federal laws enforced by the U.S. Equal Employment Opportunity Commission, it is illegal for an employer to make an employment decision based on an employee’s age. This includes basing assignments or promotions on assumptions or stereotypes about an employee’s age. If the employer requires employees to take a

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Am I entitled to overtime pay?

Under California law, all nonexempt employees who work in excess of eight hours, up to and including 12 hours, in any given workday, or for the first eight hours worked on the seventh consecutive day of work, shall be paid one and one-half times the employee’s regular rate of pay.

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