In this article, you can discover… How wrongful termination is defined in California. Frequent signs of wrongful termination. Understanding compensation in a wrongful termination case. What Is The Legal Definition Of Wrongful Termination In California? Wrongful termination in California occurs when you are fired by an employer for reasons that violate state or federal laws. Such reasons may include discrimination based on race, religion, age, sexual orientation, disability, or pregnancy and are a violation of public policy. Your first step if you suspect that you have been wrongfully fired or terminated from your job is to file a complaint with the Department of Fair Employment…Read More
In this article, you can discover… How a hostile work environment is defined in California. How you can gather evidence of a hostile work environment. How an attorney can help you handle your case successfully and discreetly. What Constitutes A Hostile Work Environment In California? A hostile work environment is a workplace where an employee feels uncomfortable, intimidated, or harassed due to their race, gender, sexual orientation, religion, age, or any other protected characteristic. This can include verbal or physical harassment, such as offensive jokes, slurs or physical touching. It can also include nonverbal behavior such as glaring, staring or making gestures that are offensive…Read More
In this article, you can discover… How to identify sexual orientation discrimination in the workplace. How to prove anti-LGBTQ+ discrimination at work. Steps to take after facing sexual orientation discrimination. What Constitutes Sexual Orientation Discrimination In The Workplace? As a general matter, your employer cannot fire, refuse to hire, take any assignments away from you or discriminate against you in any other way because of your sexual orientation or gender identity. Employers are not allowed to segregate employees based on actual or perceived customer preferences. For example, it would be discriminatory to keep an LGBTQ employee out of a public-facing position or direct that employee…Read More
Why I Will Never Charge You Anything, My Injured Client, Anything I want you to feel free to share your story without worrying about how much it might cost. That’s why your first meeting with me is always 100% free. This is true for most personal injury attorneys, but at Levian Law, we go a step further: We will never charge you directly. The compensation we pursue comes from the at-fault driver’s insurance company—not your pocket. We don’t take a cent from you personally. Instead, our payment is a portion of what we recover from the insurance company. Insurance companies may not want you to…Read More
Beginning March 1, 2021, the long-awaited revision of section 3(m) of the Fair Labor Standards Act (“FLSA”) regarding tipped employee regulations will go into effect. On December 22 2020, the U.S. Department of Labor (“DOL”) amended the rule to provide more clarity and flexibility to employers of tipped employees. Under this new rule, there are significant revisions to requirements for tip pooling arrangements and it further codifies the Department’s guidance regarding applications of the “tip credit” for tipped employees. These revisions will prevent employers from keeping tips received by their employees, regardless of whether the employer takes a tip credit. Furthermore, employers will be prohibited…Read More
Going into effect as of January 1, 2021, Governor Gavin Newsom signed an order expanding California’s California Family Rights Act (“CFRA”) and the New Parent Leave Act (NPLA) under Senate Bill 1383 (“SB 1383”). This new bill will protect millions of California residents who will now become eligible for leave under this law. Currently, CFRA allows employees have worked for a company for a minimum of 1,250 hours in the 12 months preceding their request for leave to take job-protected leave for the following reasons: Birth or adoption of a child To care for an immediate family member with a serious health condition The employee…Read More
Signed by Governor Gavin Newsom in September 2019, AB5 was scheduled to go into effect beginning January 1, 2020. California Legislation replaced the former Borello test that determined whether an individual should be classified as an employee or independent contractor with the “ABC” test decided in Dynamex. The “ABC” test considers the following: The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. The person performs work that is outside the usual course of the hiring entity’s business. The person is…Read More
