Age discrimination is more common than many people realize. Employers sometimes treat older workers unfairly by overlooking them for promotions, forcing early retirement, or even terminating them based on age. Under both federal law and California law, this is illegal. If you believe you’ve been treated unfairly because of your age, understanding how to prove age discrimination is key to protecting your rights.

What Counts as Age Discrimination?

The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination in hiring,firing, pay, promotions, and other terms of employment. California’s Fair Employment and Housing Act (FEHA) provides even broader protection. Examples include:

• Being replaced by a significantly younger employee
• Receiving comments or jokes about your age from management
• Being denied promotions or training opportunities because you’re “too old”
• Unjustified poor performance reviews tied to age stereotypes

How to Prove It

To build a strong case, you’ll need to gather evidence that shows age was a factor in the employer’s decision. Here are steps to take:

• Document Incidents – Keep a written record of comments, actions, or decisions that suggest age bias.
• Compare Treatment – If younger employees are treated more favorably under similar circumstances, this may support your claim.
• Save Communications – Emails, texts, or memos mentioning age can be powerful evidence.
• Track Job Performance – Keep performance reviews, achievements, and metrics that show you met or exceeded expectations.

Why an Employment Lawyer Can Help

Proving age discrimination can be complex. Employers often hide their true motives behind vague excuses like “lack of fit” or “budget cuts.” An experienced employment attorney in California or a discrimination lawyer can help you uncover the truth, file a claim, and pursue compensation.

Take Action Today

You don’t have to accept unfair treatment at work. If you’ve faced retaliation, wrongful termination, or workplace discrimination because of your age, speak with an employment lawyer as soon as you can to protect your rights. You can call us today to guide you through this process.

Social media has become an integral part of daily life, but its use at work and outside of it can have a significant impact on employees. Understanding how social media interactions can affect your employment and your rights as an employee is essential to maintaining a professional-personal balance.

Social media use at work

Many employers have policies that regulate social media use during work hours. An excessive or inappropriate use of social media can lead to disciplinary action, including termination, especially if it affects productivity or violates company rules. For example, posting confidential company information or using offensive language related to your workplace can have legal consequences. The National Labor Relations Act (NLRA) protects employees’ right to discuss working conditions, but this protection has limits if the content crosses the line into unprofessional or disruptive.

Social media use outside of work

What employees post on their personal time can also have professional repercussions. In many states, employers have the right to fire employees for posts that damage the company’s image, even if the activity occurs outside of work hours. Posts that include hate speech, harassment, or other harmful behavior can violate employment policies and lead to job loss. However, some states, such as California, have laws that protect workers from being fired for lawful conduct outside of work, including social media activity, as long as it does not harm the employer’s interests.

Legal Protections for Workers

The First Amendment protects free speech, but it does not protect private-sector employees from employer discipline related to their social media activity. Public-sector employees may have additional protections since their speech is often considered a matter of public record.

Best Practices for Workers

To protect your job, avoid posting content that could be perceived as offensive, discriminatory, or damaging to your employer’s reputation. Familiarize yourself with your company’s social media policy and learn your state’s laws regarding employee rights. If you believe your employer has unfairly disciplined you for your social media use, consulting with an employment attorney can help you to understand your legal options. Balancing online expression with professional responsibilities is key to maintaining a positive relationship with your employer.

The distinction between full-time and part-time workers goes beyond the hours they are required to work but also affects their rights, benefits, and legal protections. Understanding these differences will help employees know their rights.

Understanding the Definition of Full-Time and Part-Time Employment

Although there is no federal law that defines the specific number of hours that constitute full-time or part-time employment, many employers consider 30 to 40 hours a week to be full-time and anything less than 30 hours to be part-time.

The Fair Labor Standards Act (FLSA) is in charge of regulating wage and hour protections for both categories, ensuring that all employees receive at least the federal minimum wage and pay for every extra hour they have to work.

Rights and Benefits for Full-Time Employees

Full-time workers typically enjoy greater benefits than part-time workers. These benefits may include:

– Health insurance: Under the Affordable Care Act, employers with 50 or more employees should offer affordable health insurance to those who work 30 or more hours per week.

– Paid time off (PTO): Many employers provide vacation, sick or family leave, and holiday days to full-time staff.

– Other benefits: Full-time workers are more likely to access retirement plans, bonuses, and other wellness programs.

Rights and benefits for part-time employees

Part-time workers often receive some benefits, such as the same wage protections under the FLSA, while some state laws, such as those in California, require sick leave for part-time employees to ensure they also have these protections.

Equal treatment at work

In both types of employment, workers are protected from discrimination under federal laws, which guarantee equal treatment regardless of whether their work schedule is part-time or full-time.

If you believe your rights as a worker (regardless of the type of work schedule you work) have been violated, please contact us. Attorney Tatiana Hernandez is here to help you protect your rights, obtain justice, and guide you on your path to a fulfilling work life.

Taking mental health days is an essential part of maintaining overall well-being, but many workers are unsure of their rights or are hesitant to prioritize their mental health for fear that these types of days may not be adequate. Understanding the benefits of mental health days and their legal protections can help you confidently advocate for your rights.

What benefits can taking mental health days to bring you?

Mental health days allow employees to step away from work stress, focus on self-care, and prevent worker burnout. Recent research shows that taking mental health days improves productivity, creativity, and satisfaction in the workplace.

These days are especially beneficial for you to address symptoms that stress, anxiety, or depression can cause, giving employees the opportunity to mentally recover and return to work feeling rested and motivated.

Laws That Protect Your Mental Health Days

The Family and Medical Leave Act (FMLA) offers protections to eligible employees who need to take time off due to a severe health condition, including those related to mental health. If a mental health condition is deemed serious enough, employees can take a few days of unpaid leave with the confidence that they will still have their jobs upon return.

In addition to the FMLA, the Americans with Disabilities Act (ADA) protects workers with mental health issues that limit their daily activities, such as employment. Under the ADA, employers must provide reasonable accommodations, such as time off or flexible schedules, to allow their workers to recover.

Taking Days to Protect Your Mental Health

If you feel overwhelmed or that your mental health issues are holding you back at work, communicate your needs clearly to your employer or human resources department.

Review your company’s policies and, if necessary, seek advice from an employment law attorney to understand your rights. At Hernandez Law, Attorney Tatiana is here to accompany you every step of the way and defend your rights to protect your mental health.

Please do not hesitate to contact us if you need help.

Sexual harassment suffered at work is an unfortunate and severe problem that continues to affect employees in various sectors, affecting their mental health and their ability to perform adequately at work. Understanding what sexual harassment means, the legal protections for victims, and how to address these types of situations is critical for both employees and workers who are tasked with stopping these behaviors.

What is considered sexual harassment?

Sexual harassment can be any unwelcome and unwanted sexual behaviors, requests for sexual favors, or other physical and verbal conduct of a sexual nature that makes the victim feel vulnerable and harassed, creating a hostile, offensive, and intimidating work environment for those around them. This behavior can come from supervisors, colleagues, or even clients and can occur in any professional setting.

Protections for employees against sexual abuse

Under Title VII of the Civil Rights Act of 1964, sexual harassment is considered a type of discrimination, which is prohibited by federal law in our country. The Equal Employment Opportunity Commission (EEOC) is the agency responsible for making sure these laws are followed and offering protection for victims and guidance for addressing cases of harassment in the workplace. Employees who experienced sexual harassment can file a complaint directly with the EEOC and take legal action against issues that have failed to provide a safe work environment.

State Laws in California

In addition to federal laws, California has implemented regulations to protect further employees, such as the California Fair Employment and Housing Act (FEHA), which seeks to impose strict liability on workers for harassment committed by supervisors within their company and requires supervisors to provide mandatory training to their employees on harassment, its consequences, how to identify it, and how to report it if they experience or witness it.

How can you deal with a case of sexual harassment?

Suppose you or someone close to you has been a victim of harassment. In that case, you should document the incidents in writing or with photographs and videos, report them to the human resources department within your company, and seek legal advice if necessary or if you feel that you are not being heard. Employers should establish clear policies, provide training, and investigate complaints promptly to maintain a respectful and safe workplace for everyone.

Preventing sexual harassment in the workplace is everyone’s job. If you require legal support, you should know you are not alone. At Hernandez Law, we are here to fight for your rights and your workplace peace. Do not hesitate to contact us.

Employers play a fundamental role in creating a work environment in which everyone feels valued and empowered, so they are responsible for promoting practices to have more inclusive and equitable workplaces for all their workers. Some steps that can be implemented little by little may include implementing practices such as:

1. Actively seek diverse talent and perspectives in leadership positions to reflect a wide range of experiences and ideas that assist with inclusion practices in the workplace.
2. Provide ongoing training: Offer diversity, equity, and inclusion training for all employees. With this, understanding, empathy, and awareness of unconscious biases can be instilled in teams.
3. Foster an inclusive culture: Encourage open discussions and create safe spaces where employees feel comfortable expressing their thoughts and concerns without fear of retaliation or discrimination from their colleagues.
4. Offer support: Implement policies that support work-life balance and address barriers that could disproportionately affect certain groups within the workforce.
5. Ensure equal opportunities: Provide equal opportunities for professional development, ensuring that biases do not hinder anyone’s progress.
6. Hold leaders accountable: Hold department leaders responsible for fostering an inclusive environment, regularly measuring progress, and ensuring that leaders champion diversity and inclusion efforts.
7. Collaborate with community organizations: Support initiatives that promote diversity and inclusion. Participating in outreach programs and partnerships reflects your organization’s equity commitment.

By prioritizing these actions, employers can create a workplace where all workers feel valued and respected in the place where they work, avoiding cases of harassment and discrimination due to differences in culture, origin, and preferences, among others.

Workplace whistleblowers have the right to speak up when they discover wrongdoing within the company they work for, but they often fear retaliation from their employers. To promote transparency and reduce fear among whistleblowing workers, the law protects them.

Whistleblower Protection Laws

Several federal and state laws protect whistleblowers, establishing a framework for reporting wrongdoing and protecting workers from unfair punishment by their employers.

These protection laws typically cover various protected activities such as:

• Report violations of laws or regulations
• Reveal fraud, discrimination or abuse
• Provide information to regulatory agencies, authorities, or supervisors.

If you suffer retaliation…

One of the central components of whistleblower protection laws is anti-retaliation provisions. These provisions make it illegal for employers to take adverse action. Such adverse actions may include termination, harassment, or any form of discrimination.

How do you report irregularities?

Some laws establish specific programs for reporting wrongdoing in your workplace. For example, the Sarbanes-Oxley Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act have whistleblower provisions encouraging people to report financial misconduct, offering incentives in return.

Workers should not be so worried about being punished after they report, as laws also allow people to make confidential reports, guaranteeing their anonymity.

However, if they are retaliated against, whistleblowers have legal recourse to defend themselves against an unfair employer. They can file complaints with the relevant authorities or take legal action against their employers.

In cases like these, we recommend seeking legal representation from an employment law attorney to navigate the legal complexities and get the justice he deserves. Employment law attorneys can offer guidance and help them obtain the protection they are entitled to under the law.

The Fair Labor Standards Act (FLSA) protects workers’ rights and ensures they receive fair compensation for their time and work. Understanding some basic concepts will help you know your rights in the workplace and how this law protects you from injustice by your employer.

Minimum salary

The FLSA establishes the federal minimum hourly wage that can change depending on your state or locality, so it is important to find the minimum wherever you work.

Overtime pay

For most workers, the FLSA requires that any time worked more than 40 hours in a workweek must be compensated at a rate of at least one and a half times your regular wage.

Regulations against child labor

The FLSA also contains provisions to protect minors from excessive or hazardous work. Establishes age restrictions and hourly limitations for workers who are still considered minors.

Labor records

Employers must keep accurate records of each employee’s hours worked and the wages each employee receives. As a worker, it is essential to keep track of your hours and wages to ensure you are being paid the amount you are owed for the time worked.

Exemptions

Some employees, such as certain salaried professionals, outside sales personnel, and certain agricultural workers, are exempt from some provisions contained within these laws. These exemptions are subject to specific criteria, and it is essential to know if you fall under any of these.

Illegal retaliation

The FLSA prohibits employers from retaliating against employees who assert their rights under the law by filing a complaint or concern about their work.

Understanding the basics of the FLSA can help you ensure that you receive fair wages and that your employment rights are respected. If you suspect your work rights are being violated, do not hesitate to contact Hernandez Law. We are here to fight for what belongs to you and a fair work area.

The Employee Retirement Income Security Act (ERISA), is a crucial piece of legislation that impacts millions of Americans’ retirement and welfare benefits. While it is known to significantly influence employer-sponsored retirement and benefit plans, understanding its complexities can be challenging.

What is it?

ERISA is a federal law establishing standards and safeguards for employer-sponsored retirement and social benefit plans. The primary purpose of ERISA is to protect the interests of plan participants and beneficiaries by setting minimum standards for plan administration and fiduciary responsibility.

Key provisions:

1. Disclosure and Reporting: Plan administrators must provide participants with plan information, including plan features, funding, and financial health.

2. Vesting: ERISA sets rules for when employees become vested in their retirement benefits. It also establishes guidelines for how those benefits should be calculated.

3. Funding: ERISA requires pension plans to meet minimum funding requirements to ensure they have sufficient assets to pay promised benefits.

4. Benefit Security: ERISA establishes the Pension Benefit Guaranty Corporation (PBGC), a federal agency that provides insurance for pension plans. If a plan becomes insolvent, the PBGC protects pension benefits up to certain limits.

Who is impacted by ERISA?

ERISA affects a wide range of people and entities, including:

– Employers that offer employee benefit plans.

– Plan participants and beneficiaries who depend on these benefits for retirement security and health care coverage.

ERISA and your rights:

Understanding ERISA is essential if you participate in an employer-sponsored benefit plan. It ensures that your rights are protected, and you have access to the benefits you have earned. If you have problems with your benefits or believe your rights under ERISA have been violated, consult an experienced employment law attorney.

Interruptions due to problems or arguments at work often derail tasks, cause stress, and reduce overall job satisfaction for employees. Fortunately, some practical strategies exist to minimize these interruptions and create a healthier work environment for everyone.

1. Prioritize and plan:

Start your day with a clear plan of tasks and priorities. Having a road map for the day helps you stay on track and minimizes the impact of unexpected interruptions that can cause you more stress than necessary.

2. Set limits:

Set clear boundaries for your work time. Communicate your availability to colleagues, supervisors, and even friends and family. Let them know when you are focused on work and request that non-urgent matters be addressed outside those hours.

3. Create a dedicated workspace:

Designate a specific area for work that helps you stay away from distractions. When you are in your workspace, it signals to others that you are working and should not be disturbed without a valid reason. Likewise, it would help if you respected the spaces of others.

4. Block your time:

Embrace the practice of blocking time, where you allocate specific times for different tasks and resolve unexpected situations with your team.

5. Delegate when possible:

Feel free to delegate tasks when necessary. Sharing responsibilities lightens your load and provides opportunities for team members to grow and learn.

6. Use technology wisely:

Take advantage of productivity tools and apps to streamline tasks and manage your time more efficiently. Project management tools can help establish better team communication and prevent misunderstandings or significant disagreements.

By implementing these strategies, you can significantly reduce interruptions that lead to arguments or a tense atmosphere at work and create an environment where work teams thrive. Remember, it is an ongoing process; Continuous improvement will result in more efficient and satisfying workdays.

In the workplace, agreements that define the terms and conditions of employment come in two main forms: oral and written contracts. Each has its advantages and challenges. Let’s learn the differences between these two types of employment contracts.

Oral Contracts

An oral employment contract is an agreement between an employer and an employee reached orally, often without formal documentation. While they can be legally binding in some cases, they are generally considered less secure and more difficult to enforce.

The informality of oral contracts can lead to misunderstandings. Oral agreements are susceptible to misinterpretation, which can lead to disputes in the future. Proving the agreed terms without written evidence can be challenging for the employee and the employer, damaging their relationship.

Written Contracts

On the other hand, written employment contracts are formal documents that describe the terms and conditions of the employment relationship. These contracts clarify and reduce ambiguity by specifying details such as compensation, job responsibilities, benefits, work hours, termination clauses, and more.

One of the main advantages of written contracts is their legal enforceability. In disputes or breaches, written contracts serve as concrete evidence of the agreed terms. This clarity helps both parties understand their rights and responsibilities, which reduces the likelihood of disagreements.

However, written contracts can be rigid. Once signed, both parties are bound by the contract terms for the duration specified.

In conclusion, while oral and written employment contracts have their merits, written contracts offer a more secure basis for the employment relationship. It provides clarity, enforceability, and protection for both parties. Ultimately, the choice between the two depends on the complexity of the arrangement and the desire to ensure a clear and harmonious working relationship. In any case, open communication between workers and employees is crucial.

Occupational diseases are health conditions that result from exposure to certain hazards in the workplace. These risks can affect employees in various industries and depending on their work activities. Those that are the most common are usually:

Respiratory disorders

Jobs that involve exposure to airborne pollutants, chemicals, or allergens can lead to respiratory illnesses such as asthma, lung disease, and more.

Hearing loss

Workers in noisy environments, such as construction sites and factories, are at risk of developing hearing problems due to prolonged exposure to high noise levels.

Skin conditions

Occupations that involve frequent contact with irritants, chemicals, or allergens can lead to dermatitis, eczema, or other skin conditions.

Musculoskeletal disorders (MSD)

Repetitive tasks, poor ergonomics, and heavy lifting can all contribute to painful conditions like back pain, tendonitis, and more.

Cancer

Certain industries expose workers to carcinogens, increasing the risk of cancer. Asbestos-related diseases among construction workers and skin cancer among outdoor workers are just a few examples.

Mental health problems

Jobs where high levels of stress are handled can lead to mental health problems such as anxiety and depression. Also those workplaces where there is a toxic or violent work environment can have serious consequences on the mental health of a worker.

By recognizing the potential health risks associated with specific jobs and industries, steps can be taken to prevent these problems and care for the health of workers. In addition, regular health checkups and examinations for those who work in an industry that presents more risks than others, can help in the early detection of occupational diseases, ensuring a safer and healthier work environment for all.

In the fast-paced world we live in, the importance of mental health cannot be underestimated. As we dedicate a significant part of our lives to our careers, it becomes very important to focus on our well-being while at work. In this blog, we’ll explain some effective strategies for taking care of your mental health while working on your career.

Set limits

Setting clear boundaries between work and personal life is essential to maintaining a healthy work-life balance. Avoid overextending your work hours and know when to disconnect. Creating a harmonious separation helps prevent burnout, promotes self-care, and nurtures your mental well-being.

Cultivate supportive relationships

Fostering a positive work environment is vital to your mental health. Surround yourself with supportive colleagues and engage in open communication. Sharing your concerns and seeking help when needed can relieve stress.

Take care of your physical well-being

A healthy body contributes significantly to a healthy mind. Incorporate regular exercise, nutritious meals, and adequate sleep into your daily routine. Physical activity releases endorphins, which are natural mood boosters, while a balanced diet and adequate rest improve cognitive function and resilience.

Practice stress management

Work-related stress is often unavoidable, but how we deal with it can make all the difference. Identify stress triggers and develop coping mechanisms, such as deep breathing exercises, journaling, or engaging in hobbies outside of work.

Prioritizing mental health in the workplace is not a luxury; it is a necessity. Remember, taking care of your mind is a rewarding investment in both your career and personal life, allowing you to perform well in all areas of your life, be productive, and feel good about yourself.

In the workplace, bullying has become an alarming problem that affects both employees and organizations. Not only does it create a toxic work environment, but it also affects the mental and physical well-being of the people who fall victim to it. Today we want to invite you to learn about five key things you should know about workplace bullying in order to prevent it in time.

1. Recognize workplace bullying:

Bullying in the workplace can take many forms, including verbal abuse, intimidation, exclusion, humiliation, or sabotage of someone’s work. It often involves an imbalance of power, with the bully targeting a subservient or vulnerable colleague.

2. The impact it can have on the victims:

Harassment in the workplace can have serious consequences on the mental health and general well-being of the person affected. It leads to increased levels of stress, anxiety, depression, and reduced self-esteem. Victims may experience physical symptoms such as headaches, sleep disturbances, and loss of appetite.

3. Organization costs:

Bullying also carries significant costs for organizations as it hampers employee productivity, teamwork, and morale, leading to increased absenteeism, higher turnover rates, and decreased job satisfaction.

4. Legal and ethical implications:

Bullying at work can have legal and ethical implications. Since in states like California, there are laws against harassment and bullying, and organizations have a responsibility to provide a safe and healthy workplace. Failure to address workplace bullying can lead to legal action.

5. Prevention and Intervention:

Bullying prevention requires a proactive approach from both individuals and organizations. Establishing clear policies and procedures, providing training on respectful behavior and conflict resolution, and promoting a culture of inclusion and empathy are essential steps.

By understanding the signs of workplace bullying, the impacts, and preventative measures, we can work to create a healthier and more supportive work environment for all.

After you decided to sue or accuse your employer of illegal or unfair acts that it was committing against you and your co-workers, whether you spoke only with the human resources department, a superior or an entity of worker support, you should not receive any type of punishment since you did it solely based on the law and your best interests.

Thanks to the laws of the state of California, you will be protected in the event that your employer takes any type of adverse action against you in order to punish you or make you see that things will not change because of what you said. Retaliating against a worker who has reported mistreatment or injustice is against California Labor Law.

The most common adverse actions employers take against their employees if they find out they have spoken include:

• Unjustified dismissals.
• Reduced wages or work hours so you receive less money
• Downgrade you
• Prevent you from growing within the company
• Discriminate against him and treat him differently from his peers.

Employers often take these actions as a way to get revenge on the worker who has accused them, however this only shows that they have indeed been committing actions that go against the rights of workers.

In these cases, if after having tried to negotiate with the employer and the company’s human resources department without receiving support from them or reaching an agreement that also benefits you, the next step could be to file a claim against your employer. With this, you will be able to recover compensation for having suffered from this mistreatment and having lost your job or money from your wages as a result of the punishment that your employer imposed on you.

The lawyer Tatiana is ready to support you at every step and to recover what belongs to you. Contact Us.

Under the laws of the state of California, employers have the obligation not only to pay your salary, but also to pay it in the time established in your contract, otherwise, delaying for a period of time may mean that you are violating labor laws and should be held accountable for these violations.

By signing a contract with this employer, you were able to realize the time periods in which you would be paid for your work and it is normal for you to wait for these dates to arrive so that you can pay your own financial responsibilities and bring money home to your family. . The fact that your employer is not paying on time can cause you various problems and put you in trouble for not having money available when you thought you would.

Regardless of the reasons that your employer gives you about why you have not received your payments, you have the right to receive compensation established in an employment contract for all the hours that you have been working for them, so not receiving your payment when it is due will have consequences on your employer.

The first step after an employer has stopped paying your wages for a period of time that is no longer acceptable is to speak directly to the employer to try to resolve the situation and may even involve the human relations department to help with the process. process. However, if your employer continues to refuse to pay and more time passes, you may be able to sue to get the money you need and compensation for damages caused while you did not receive your wages on time.

To do this, we recommend having the support of a lawyer specialized in labor law who is not afraid to fight against your employer and knows the legal process of your claim in order to win your case and obtain the justice you deserve for not having received part of your money when due.

Thanks to various federal and state laws in California that protect the rights of workers, any employee who files a complaint against their employer because they feel that their rights are being violated, is protected from illegal retaliation that their employer could take in his against.

Employers are prohibited from punishing or unfairly firing someone simply because they have filed a complaint with their own employer or with an agency that helps them enforce their rights when they realize illegal or unfair acts are being committed. against him such as salary theft, poor working conditions, discrimination, among others.

Any negative action against the worker who decided to file a claim could be grounds for an unlawful retaliation lawsuit. It is not allowed to punish by lowering your salary, eliminating your benefits, lowering your position or removing work activities for having tried to do justice on your own by not feeling heard in your own work.

Within these cases, it is recommended that you have the support of a lawyer and that you try to gather as much evidence as you think is necessary to win the case against your employer. As long as retaliation has been taken against you or you suspect that this may happen, you can keep evidence such as emails, keep a written record of the actions your employer has taken against you, your pay stubs with different amounts than before you did claim, among others. In addition, the support of an attorney could help you analyze some important facts, writings, and events that you may miss but are important in order to present a strong case that allows you to win and recover the compensation you deserve, as well as the peace of mind in your life. Your job.

Our attorney Tatiana Hernández can help you fight against your employer and help you get the justice you deserve in the workplace. Do not hesitate to contact us if you have a case of illegal retaliation.

Some employers choose to misclassify their workers as independent service providers, in order to avoid the taxes they would have to pay if they were paid a fixed salary. However, this has consequences in the lives of workers as they cannot receive all the benefits that an employee should receive, simply due to a misclassification by those who have hired them.

A worker who is in a company permanently and working full time and even overtime, should be considered as an employee and their benefits, salary, etc. They should be established in a labor contract, in this way he can assert his rights. On the other hand, an independent worker is one who only works certain hours for an employer and who does not have to be at the company every day, complying with a schedule, etc.

It is important that as a worker, you identify in which category you could enter and in case you believe that you are being misclassified, you can discuss it with your employer and in case he refuses, you could legally claim and obtain compensation for all the money lost. the time it lasted without being correctly classified.

Workers classified as independent, even if they are not, have a lot to lose, for example:

· Not receiving a fixed salary and established in a contract so suddenly the employer can pay less.
· Not receiving payment for overtime hours worked.
· Not having employee benefits such as insurance, bonuses, rights, among others.
· Not having unemployment insurance so if they were fired, they would be left without receiving anything.

All these disadvantages can affect the life of a worker and even that of his family by not having economic stability that could count, if classified correctly, as a full-time employee.

The lawyer Tatiana Hernández is ready to fight for your rights and for it to be considered and classified as it really should be so that you can receive everything you deserve. Do not hesitate to contact us to know more.

Cases of defamation in the workplace can seriously affect the victim causing difficulties or problems at work by affecting their personal and/or professional image.

The term labor defamation refers to the moment in which a worker or a group of workers starts a false rumor about one of their colleagues and tells it to more people with the sole purpose of tarnishing their image before the company in general or before his superiors so that he is fired and keep his position or simply because he does not like the person.

On the other hand, it may be that a superior begins to spread false information about an employee within the industry in which they work to prevent them from getting another job.

Any form of employment defamation such as the ones mentioned above can affect the victim by not allowing them to find another job, tarnishing their image with their superiors causing them to fire them or no longer believe in their abilities and integrity as a person.
Although it may seem difficult to prove a case of labor defamation that occurs only through oral communication, it is possible by having witnesses and evidence with the help of a lawyer, and in cases in which the defamation also occurs through digital means such as messages text, emails, posts, etc. , it is even easier to be able to prove the abuse suffered by the victim by having hard evidence with screenshots or images of what was happening while the victim was being attacked by their co-workers or supervisor.

Enlisting the help of an employment lawyer can help you win your case and recover compensation for any lost wages or money you may have lost in settling your case and any other damages that may have resulted from the defamation you suffered. It will also be possible for you to clean up your personal and work image so that this does not continue to affect you during your professional career.

There are some occasions when employers decide to fire a worker for illegal reasons and unfairly, which takes the employee by surprise feeling betrayed or even not having received the monetary compensation they deserved for having been fired.

These cases are the most common causes of lawsuits in the labor area due to how common these practices tend to be among employers. However, thanks to different laws that protect the rights of workers, with the help of a lawyer specialized in this area, they can recover what corresponds to them and assert their rights as workers.

Within unjustified dismissals, there are different types of breaches of the law for which employers fire an employee, which are:

1-Discrimination of any kind. An employer is prohibited from firing someone simply because of a cultural or religious difference, their origin, preferences, among others.

2-Retaliation. It refers to the moment in which a worker is fired as a way to punish him for having reported some problem or illegal activity that he discovered within the company.

3-Avoid giving permits to which workers are entitled by law, such as maternity leave, illness or others.

4-As a way to harass or mistreat an employee.

5-Refusal to provide the accommodations that a pregnant person or person with a disability requires to be able to carry out their work activities.

6-Breach of the employment contract.

7-Refusal to pay for damages suffered by an employee in an accident at work.

Any of the reasons listed above can be considered grounds for unfair dismissal and you may have a case where your rights as a worker have been violated by an employer. In these cases, having the legal support of an employment lawyer may be your best option to fight against your employer and obtain the justice you deserve. Your attorney will be able to guide you through the entire process and help you win your case. Do not hesitate to contact our attorneys at the Law Offices of Tatiana Hernandez to receive the help you need.

Wage theft is a serious problem in the workplace that thousands of workers around the country have to face. This situation occurs when the employer decides to stop paying the employee what he really deserves for all the work he has done. There are different forms of wage theft that companies commit in order to benefit themselves and try to “save” a little money. Among these forms we can find:

• Payments less than the minimum wage stipulated by law.
• Not paying for overtime hours worked.
• Not paying legal benefits.
• Pay less than what was established in the contract
• Reducing or completely denying pay to a worker for a period of time in retaliation.
• Prohibit an employee from taking paid breaks.

It is important that you know your rights and what wage theft is so you can identify it right away and find a solution. What you can do first is talk to your manager and tell them about the non-payment you are experiencing. If it was a mistake, your employer can simply pay you what they owe you or else, if your employer refuses to pay you and you continue to be legally unpaid, you can sue.

The first thing you should do to start your legal process is to approach a lawyer specialized in labor law. They will be able to help you in a professional manner, guiding you all the way to fight with whoever is necessary to get the compensation you deserve for the work that you have not been paid as you should have.

It doesn’t matter if you have legal status or not, workers’ rights are protected regardless of whether they have papers or where they come from.

At Hernandez Law we are ready to fight for your rights as a worker and recover that money that belongs to you. We believe that no one deserves to have their hard-earned wages taken away from them. Contact Us.

The Americans with Disabilities Act was established with the purpose of protecting the rights of people with some type of disability in different areas of everyday life such as means of transportation, jobs, public places, among others. The aim is to ensure that this sector of the population has access to all these facilities and the same opportunities as any other person.

What the law says…

Title 1 of this law is in which everything related to employment is established, so it protects both employees and people who are looking for a job so that they do not suffer from discrimination at the time of employment. who are found as candidates and can be hired based on their professional talents and aptitudes regardless of their disability. In addition, it is also established that the questions that can be asked regarding the candidate’s disability are limited until the moment in which the position has been offered within the company.

Employers with more than 15 employees have to comply with this law and provide any type of comfort necessary for their employees to carry out their work activities, offering them the same opportunities and conditions as other workers. Likewise, these organizations are prohibited from firing someone who has acquired a disability after already working in the company or denying them any development opportunity for having one of these.

If you are involved in a case where you believe you have been treated unfairly because you have a disability, you may file a complaint with the U.S. Equal Employment Opportunity Commission within of a period of 180 days after you have suffered this type of discrimination or mistreatment. Although you can file the lawsuit yourself, it is recommended that you have the support of an employment law attorney to help you better understand the legal process you are facing and fight with you to get the compensation you deserve.

Suffering from bullying at work is usually very difficult for the victim since it may not allow them to carry out their work activities correctly due to the hostile and uncomfortable environment that this causes in the work team. Being the place where we spend the most time, it should feel like a safe place, however sometimes there are people who seek to do harm and prevent you from enjoying your daily activities.

A person who bullies or harasses you at work generally exhibits offensive behavior, verbal attacks, harsh jokes, discrimination, and even in very serious cases, there may also be physical violence.

Workplace bullying can occur at all levels of the company towards anyone. For example, from employee to employee of the same work team or from your boss who would be at a higher level than you and abusing his power. In addition, it can also occur with someone who has a lower job rank than you and can start bullying out of envy.

The consequences that suffering from harassment can bring to your life, affect your environment in general as well as your work environment, since when you find yourself in a bad mood or sad because of the treatment you are constantly receiving in the company where you work, you can take your problems at home and even decide to quit their job in order not to continue suffering from bullying, which can cause economic destabilization.

The first step in reporting bullying is to speak directly to your supervisor and also to human resources so that they can take action and let you know that you are not alone. But if, on the other hand, the abuser is one of your superiors and when you talk to him or her, they do not react, the next step could be to start a labor claim.

At Hernandez Law, we can help you, you are not alone.

Employers in California do not have the right to fire one of their workers for any unjustified reason. For this, the term unjustified dismissal has been used to protect the rights of employees, using it to legally refer to the moment in which an employee decides to terminate the employment relationship with an employee for illegal reasons.

This means that no employee can fire someone for reasons like:

• Discrimination of any kind
• Retaliation 
• Bullying
• Pregnancy
• Not wanting to pay wages or overtime
• Other reasons

Any of these reasons can make the employee worthy of compensation, and you can demand your employee for having decided to fire you without just cause. However, this compensation must cover the losses that the former worker has suffered after the dismissal, such as wages, emotional damage, and other job opportunities.

The only legal way that your employer can fire you is if you have breached the employment contract, violated a rule that you already knew about based on the same contract, or if your contract has established an end date for the employment relationship with your employer. Otherwise, the reasons might be illegal even if it is not one of those we mentioned above.

In the event that you know that your dismissal was unjustified, contact an employment law attorney, who will help you determine if your case is solid and you will be able to recover what you have lost in addition to asserting your rights when claiming. The support of a professional can be of great help in these cases since your employer could try to prove your innocence as much as possible and will try to appear that the one who made a mistake was you.

Our lawyers are ready to help and fight with your employer, no matter how big the organization is and what the evidence tries to show against them to make it appear that they are innocent. Contact us to learn more and receive the legal support that your case requires.

As you may know, your employer is responsible for submitting the time you record according to California Law. Today’s blog will tell you what you need to look out for to ensure that you are recording time correctly and being paid the legal amount. It is important that you check that your employer has policies to help you record your time correctly. 

1- Ensure the time you record is correct.

Your employer could have different ways of asking you to record your time. One is doing it through an electronic method where you check in with an electronic device. If you are doing that, keep a record of the hours in your phone or a sheet of paper you can consult in the future. Others might have you record it manually using a spreadsheet or reporting the time you started and the time you finished in a sheet of paper. You should double-check your timecards at the end of the week to ensure that you didn’t miss any hours that you have worked. 

2- Store your time records. 

According to the law in California, the statute of limitation for unpaid wages can go back up to four years. This means that the employee should save your time records for the last four years, this will be helpful in case you find any discrepancies in the wages you have been paid. 

3- Make sure you are recording the required information. 

Recording the information correctly could mean that you record your meal times properly. You do not need to record the 10 minutes break you are entitled to have. 

4- Maintain the records in a usable format. 

If you keep your records somewhere where it will be hard to read or understand the order. Try to keep clear records in case you need to sue your employer to recover lost wages. 

This will make your process easier for your lawyer to present. 

If you need any help contact us! 

At-will employment is a law that many employers function under. This law ensures that you or your employer are able to terminate a working relationship without repercussions, but giving the necessary time to hire someone else at their discretion. To understand this law as simply as possible you must think that both sides can terminate the relationship at will.  This does not necessarily mean that you can be fired without a valid reason for them to do so. 

Is every employment agreement in California at-will? 

This law does not apply to the following employment relationships: 

1. Employees with contracts: 

When an employer offers an employee a work contract the contract will stipulate the policies, terms, and expectations in regards to ending the working relationship. For example, a term that your contract could include is how long you have to give notice when you decide to quit or how you need to perform in order to maintain your job post. This contract can only be breached if one party does not respect the terms of the contract. 

2. Independent contracts: 

Even though independent contractors are not the same as contract employees they have similar contracts. This means that if as mentioned above if anyone breaches the contract then you can end the working relationship without following the terms stated in the contract. 

3. Employees with implied good faith agreements and covenants: 

There are a few work relationships that are made through a good faith agreement. That means that you do not have a written agreement. Instead, all of the agreements occur when having a discussion. The fact that you did not get a written contract does not mean that you are not protected by law, therefore the terms from above still apply. You may only breach the contract if the terms were not respected. 

We wanted to share this with you because the at-will law is one of the most misunderstood laws by employers and employees. 

Make sure your rights are being respected. Call us if you need help.

Time has flown by and we are halfway through the year. Today we want to refresh your mind on employment laws that have been implemented since the beginning of 2022.

We hope that this will ensure that your rights remain protected. Lawmakers in California continue to make an effort to ensure that their employees are safe and protected. That is why they are constantly advocating to make laws efficient for all employees.

Here are some updates you need to remember: 

• SB 331 Non-Disclosure and Non-Disparagement Provisions in Settlement, Separation, and Asset Protection Agreements: You can not have someone who suffered from sexual harassment or abuse sign an NDA or prohibit them from talking about it with anyone else. 
• AB 1033 Expansion of Coverage and Mediation Requirements in the California Family Rights Act: This states that when you work with a company with 12 or more employees and have worked there for over 12 months you are entitled to receive 12 weeks off in case you or a family member need to get taken care of due to illness. 
• AB 1003 Wage Theft Potentially a Felony: Having your employer do this might have consequences that can lead to jail. This used to be considered a misdemeanor but that is changing. 
• SB 657 Electronic Transmission of Workplace Notices Authorized: This states that whenever you encounter a change of policy in a company or workplace you need to receive the change via an attachment in your email. 
• SB 807 Employers Compelled to Cooperate With DFEH Civil Rights Investigations: This law gives DFEH more power to ask employees to participate in investigations against discrimination. This makes it harder for courts to deny them asking for additional information. 
• SB 606 Workplace Safety Enhanced at Employers With Multiple Worksites: If an employer has a pattern of safety violation across different workplaces and CAL/OSHA discovers it they could receive a citation from the organization. 

These are some laws you need to remember. Call us if you need help.

As a worker in the United States, especially if you are part of a protected class, it is crucial to be aware of your rights and ensure they are respected at all times. Below we will define and dive into the history of protected classes. Then, we will review examples of protected classes, their relevance, and the way in which the law protects workers who fall under these classes.

What is a protected class? 

A protected class in employment law is a group of people with a shared characteristic who are legally protected from employment discrimination due to that characteristic.

Under federal law, employers cannot discriminate on the basis of race, color, nationality, origin, religion, sex, age, or disability. However, work discrimination does not only happen with current employees; it can also occur during the hiring process. Also, it can be as subtle as offering a lower salary or fewer benefits to a worker due to their race or gender.

What is the history of protected classes? 

1886: The first two protected classes were included in federal law. These are race and color. 

1964: During the 20th century, many more classes were added, including sex, nationality, and religion. During this time, the Equal Employment Opportunity Commission was also created to ensure people receive equal pay and equal opportunity. 

1967: This year, age was included as a protected class in federal law. This class has been one that has been difficult to understand fully during court encounters. 

1973: Disability is added as a class. This states that you cannot be denied a job or paid less due to a disability. At this point, it was only for federal jobs. 

1990: Disability is added as a protected class in the private sector. 

2008: Different disabilities are added as protected classes.

What is considered a protected class? 

• Race
• Color
• Religion (includes religious dress and grooming practices)
• Sex/gender (includes pregnancy, childbirth, breastfeeding, and/ or related conditions)
• Gender identity, gender expression
• Sexual orientation
• Marital status
• Medical Condition (genetic characteristics, cancer, or a record or history of cancer)
• Military or veteran status
• National origin
• Ancestry
• Disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics)
• Genetic information
• Request for family care leave
• Request for leave for an employee’s own serious health condition
• Request for Pregnancy Disability Leave
• Retaliation for reporting patient abuse in tax-supported institutions
• Age (over 40)

This information can give you a base understanding of protected classes in employment discrimination. If you or a loved one has experienced any kind of discriminatory act based on a protected characteristic, you must not remain silent. We are here to help you. Call us! 

The last two years have been a challenging and confusing time in all aspects of life, including constant changes in laws and regulations due to the pandemic. 

Work has not been the exception; it has been one of the most complex activities to handle. Below we will review some current workplace adjustments, which will likely stay through the end of the year. Sadly a lot of people have been forced to work in unsafe environments making this crisis last much longer than it should have. 

Here are some important questions and their answers. 

#1. What should I do if I am exposed to COVID-19?

If you are exposed to COVID-19 at work, you must inform your employer immediately and adjust your work duties to remote work if possible. If you show symptoms, you can use paid sick leave days to rest and recover. 

#2. Can I take paid sick leave intermittently during the COVID-19 pandemic?

If you take paid sick leave when you get COVID-19, you need to take those days at once since the CDC recommends isolating for at least five consecutive days. It is also recommended to use a mask around others for at least another five days after the recovery.

#3. How much will I get paid if I take paid sick leave under the Families First Coronavirus Response Act (FFCRA)?

If you are unable to work remotely during the time you get COVID-19, then you should receive one of the following according to FFCRA: 

• Your regular rate pays.
• The federal minimum wage in effect under FLSA 
• The applicable minimum wage (State or Federal). 

You should receive a maximum of $511 per day or $5,110 total over the entire paid sick leave period. 

#4. Are COVID-19 vaccines documentation private or confidential?

If your employer shares your vaccine documentation without your consent, then they are breaking the law. Your vaccine documentation needs to remain private and confidential under the ADA laws. 

#5. What is a full-time employee under the Emergency Paid Sick Leave Act?

You are considered a full-time employee under this act if you work 40 hours or more per week. On the other hand, the Emergency Family and Medical Expansion Act does not need to differentiate between full-time and part-time employees. They will be able to receive the number of hours they work. 

Most of these laws will be effective until the end of the year. So make sure that your employer is following them. 

Contact us if this is not happening. 

We understand that discrimination in the workplace is far more common than any of us would like. Therefore, it is fundamental to recognize a discriminatory act and know how to file a discrimination claim. 

Below we detail valuable information about discrimination in the workplace and the process for filing a claim:

What is discrimination? 

Discrimination occurs when someone is treated less favorably because of a particular personal attribute, even if the way they are treated is not necessarily antagonistic. 

How do you recognize discrimination in the workplace? 

According to California law, it is illegal for an employer to discriminate because of race, religion, color, sexual orientation, gender, disability, medical condition, age, and military status. 

Another type of discrimination can be based on the language you speak. For example, your employer cannot make your workplace an “English-Only” environment. If this is happening, you must file a complaint right away. 

Who can be held liable? 

Discrimination laws in the workplace can sometimes feel unclear, especially those related to disability or sexual harassment. When you discriminate against someone during work, you could be personally liable for the offense. Therefore, the person who was discriminated against can file a claim against the company and the employee who took part in the discrimination. 

How do I file a discrimination claim in California? 

In California, you can file a claim with two different government agencies: the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). Both agencies have an agreement where they are willing to work together to get to the bottom of a claim. So do not try to file a claim with both agencies; you must choose one, and you will likely get help from both if necessary. 

The main difference between these two agencies is that in the cases, DFEH handles companies with 5 to 14 employees, while EEOC is in charge of layer companies. Therefore, in order to start the claim, you have to contact the appropriate agency for your case. 

After you have filed a claim, an investigation will occur, and you might end up in mediation to resolve the matter.

Please call us. We can help you in this process! 

It is a fact that women deserve to be paid the same amount as men when they have the same jobs. But unfortunately, the gender pay gap is still present throughout the country and in all industries. So, below we want to give you some steps that we all can take toward achieving pay equality for women. 

It is crucial to bring up this issue because, according to a recent study, the workforce has gone back about 30 years during the pandemic, back to 1987, to be more precise. As of February 2021, women’s participation rate in the workforce was only 55%, as many were forced out of their jobs for various reasons. The women who have been more affected by this are women of color or have low-wage jobs. 

California has some of the strongest laws in the country enforcing that similar work must be rewarded in the same way. Therefore companies need to evaluate their hiring processes to ensure that women and men get paid the same regardless of race, gender, or skin color. 

What can you do to make a change? 

• You must fight for your salary from the moment you start to interview for a new job. It is important to ask people in your industry how much you should expect to be paid for the role. Do not be afraid to negotiate and ask for the salary you deserve. 
• As a woman, you should be paid the same as a man with the same title. This salary should only differ if the level of experience is different. 
• The way we analyze jobs needs to be re-evaluated. How we determine a salary can no longer be based on how it has been paid historically. Instead, it needs to be based on the candidate’s skills, education, and experience. 
• Companies should bring in third-party auditors so they can re-evaluate their salary brackets. 

Let’s keep fighting to obtain equal pay. If you suspect you’re the victim of a gender pay gap, call us, we can help. 

Employment laws can be intimidating, complicated, and even uncomfortable at times. Therefore, below we will explain equal pay in more detail and help you define if you are getting paid appropriately. One key element to remember is that workers doing the same job should be paid the same amount of money. So let’s begin sharing facts you need to know about this complicated topic. 

What is equal pay? 

Equal pay is the right you have to receive the same salary as someone doing the same work. By law, men and women who perform equal work and have the same job must receive equal pay unless the employer can justify a salary difference.

In order to determine if a salary is appropriate, you can look for similar jobs on job search platforms for reference. Unfortunately, pay gaps still exists, and most of the time, pay gaps can be attributed to gender or factors like race and ethnicity, disability, access to education, and age. For example, statistics show that women working full time in the U.S. are still paid just 83 cents for every dollar earned by men.

How do I know I am being paid the same salary as my colleagues? 

Finding out if you are being paid the same salary as a colleague can often be difficult because a worker’s salary is a private agreement between the worker and the employer. And, frequently, people are not very willing to disclose their salary or benefits information. However, these are some ways you could attempt to find out: 

• Ask a close colleague (if not for an exact figure, for a range).
• Conduct an equal pay questionnaire. 
• Check job posts for similar positions. 

I am not getting paid appropriately; what should I do? 

In 2017 in California, a law stated that it was illegal for employers to pay their employees less than the opposite sex or another race or ethnicity. 

This means that if you are getting paid less than a coworker for the same job, your employer is breaking the law. In this case, you have the right to sue your employer and get the compensation you are legally entitled to. At this point, it is advisable to contact an experienced employment attorney who can provide guidance and help you navigate the legal process.

Our team is passionate about delivering justice to workers with unrivaled legal resources. Contact us, and we will help you! 

California is nationally recognized for always looking out for the well-being of employees in its state. This is mainly because its laws are designed to protect employees and ensure that employers follow them.

Next, we will review some of these laws:

Anti-harassment training: Every employee should receive training to recognize harassment in the workplace and to know what to do if they are harassed. This training is mandatory if the company has more than five employees. Supervisors must receive this training every two years, and the course must last no less than two hours. If you are hired temporarily, this must happen in the first 30 hours of work.

Hiring process: During the hiring process, your future employer will not be able to ask about your criminal record (except in very specific exceptions) and should even respect this right to your privacy when offering you a temporary contract. Your employer also has no right to ask about your previous wages. Additionally, an employer should never ask you for the passwords for your social networks or email.

Manager liability: Your manager could be held liable if a co-worker harassed you. As a team manager or supervisor, it is his responsibility to ensure that the work environment is safe and comfortable. The manager will be held liable if there is evidence that he was aware of the situation and failed to act on it.

Non-compete agreements: Your employer cannot prohibit you from going to work for the competition. These types of contracts are generally not valid in the state, and the legal case would not stand in court.

Warning act: If your company plans to cut employees, it must notify you in writing specifying the reasons and details. Otherwise, the company will face a penalty of $500 per employee.

Is your employer disrespecting your rights?

Call us!

Do you know your rights as a worker?

We know that labor laws constantly change at the local and federal levels. Therefore, it is crucial to know your rights as a worker. Knowing them will allow you to recognize injustices and prevent an employer from taking advantage of you. It is your employer’s responsibility to ensure that these rights are respected at all times and to provide a secure and comfortable work environment.

What are labor rights?

Below is the definition by the ILO (International Labor Organization). This international entity guarantees a safe workplace with fair treatment and equal opportunity. More than 187 countries are members of this entity.

To align with the ILO principles, employers must commit to respect and promote the following: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labor, the abolition of child labor, and the elimination of discrimination in respect of employment and occupation.

What are my rights?

These are the fundamental rights for workers:

– Equal compensation

– Freedom to Join a Union

– Safe Workplace

– Harassment-Free Workplace

– A workplace free of discrimination

– Right to have medical or family leave

– Receive the minimum wage

– Retaliation Free Workplace

– Right to investigate if your rights were not respected

– A safe place in case you suffer from any disability

– Right to protest

All these rights must be fulfilled. If not, the employee has the right to make a claim.

How can I make an official claim?

Make sure you know your rights: You should know the local laws to understand how you should deal with this process.

Use the appropriate channels: Familiarize yourself with the process within your company so that you know what steps you must take to claim.

Be assertive: Make sure you understand the laws that must be followed and remain calm during the process.

Have records of your claim: Keep absolutely all documents and communications relevant to the process.

It is always necessary to keep all the evidence that supports your claim to proceed legally. If you have questions about your case, please get in touch with us. At Hernandez Law, we know precisely how to help you.

Are you employed in California? Do you want to know your rights as an employee?

If this is your case, continue reading to clarify your doubts about your rights as a worker in California.

It is imperative that you read carefully to know and remember the laws that may affect or protect you in different circumstances. Your rights will be respected as long as you know them.

Knowing the obligations of employers and your rights will give you the necessary tools to feel comfortable and safe in your work.

These are the most important laws:

Salaries and breaks:

– An employer must never pay less than the minimum wage. This varies depending on the size of the company. For example, in a company with less than 25 people, you should be paid a minimum of 14 dollars per hour, while in a company with more than 26 people, you should be paid more than 15 dollars.

– It would help if you were given a paid 10-minute break for every four hours you work.

– It would help if you were given a 30-minute break to eat after working a five-hour period.

– They must pay you at least twice a month on the agreed date and for the appropriate amount.

Health and Safety: 

– Your employer must ensure that the place where you work is safe and complies with the necessary measures to guarantee your well-being.

– They must ensure that your workplace is safe.

– They must have a written safety plan that includes what to do if someone gets hurt.

– You should always be informed of how to react and what to do in an emergency at work.

– Must have workers’ compensation insurance.

– They must have a clear follow-up of all accidents during working hours.

The right to take legal action without repercussions

– It is important that you feel comfortable taking legal action against your company if necessary. You should be able to file complaints if any of these scenarios are not met.

If you need help, call us.

Are you aware of the California labor law changes that occurred earlier this year?

This 2022 has brought new modifications to labor laws. These changes are solely intended to protect workers in California. In this week’s blog, we explain the most recent changes that may affect you in the workplace. These are some of them:

A shift that lasts a minimum of four hours: This new law requires that even if you have to go home early, you must be paid for a minimum of 4 hours of work. The same happens if you have to get to the office to find out if you will have to work that day.

California Independent Contractor Law: If your employer incorrectly classified you as an independent contractor then you can get $25,000 if you win the case in court.

California Overtime Law: Non-exempt employees are entitled to 1.5 times their regular wages for hours worked over 8 per day (or 40 per week) and 2 times their regular rate for hours worked over 12 per day. There are also other scenarios where workers are entitled to overtime in California.

California Exempt Employees Law: Laws in California should automatically provide the minimum wage to all California employees.

California Vacation Pay Law: According to California law if your contract says that you are entitled to paid vacation then it will not have an expiration date and you will be able to use it even after you are fired.

California WARN Law Layoffs: If a business is going to close or move its operations to another state, it is important to give their employees 60 days notice of the closure. If they don’t do this, they should give employees two months’ salary compensation and benefits.

These are some of the laws that you have to take into account. Make sure your employer is complying with them. If not, call us.

The CDC recently announced that the number of days you must quarantine if you were exposed to a case of COVID-19 should be shorter than it used to be. The change caused many employees to question how this announcement may affect their employment. This new guidance was reviewed and approved on December 17, 2021.

The first thing you should know is that the CDHP announced that employees in California must follow the guidelines established by Cal/OSHA COVID-19. This means that the CDC’s announcement should not change how long you must quarantine, but as of January 14, you should be aware of some changes. These are the changes to consider:

1. People who have completed the vaccination doses against COVID-19

The way you should act as an employee changes depending on your vaccination status. If you have all the corresponding doses of the vaccine, you were exposed to a case of COVID-19, and you have not had symptoms, you should report to work normally. However, while at work, you should always wear a mask and keep a distance of six feet between you and your colleagues. You will need to do this for 14 days after being in contact with someone who had COVID-19. Using face masks is a new requirement for people who have all their vaccines against the virus. These requirements also apply to those who have recovered from COVID-19 in the last 90 days and have their vaccinations.

2. People who are not vaccinated against COVID-19

When you have been exposed to a case of COVID-19 and you are not vaccinated, the requirements differ a little. If you are not vaccinated and have been exposed to a person with COVID-19, you will need to stay home and self-quarantine for 14 days, even if you have no symptoms. If you reach day 10 of your quarantine and you have not had any symptoms, you will be able to return to work, but you will have to wear a mask for 14 more days. Finally, if you deliver a negative test 7 days after your contact, you can return to work.

Call us if you think your rights are not being respected at work. We are here to help you.

In this week’s blog, we want to share some tips that will be necessary for you during this process. Regardless of whether you were fired or whether it was you who decided to leave your position, it is important that you remember your rights.

The first thing you should know is what type of contract you have. If you have an at-will contract, then your employer can fire you for no reason, as long as it is not for retaliation or discrimination. However, if you have a different type of contract, the contract will specify the reasons for which you could be fired. Therefore, your employer has to have a business reason to fire you.

How do I determine if I have a contract?

Many people believe that if your contract is not written, it is not valid under the law, but that isn’t necessarily true. In some cases, a verbal contract is considered legal. It is important that you hire a lawyer if your contract is verbal because its guidelines change depending on your state.

When is it illegal to fire?

It is illegal for you to be fired for discrimination. This means that you cannot be fired because of your gender, religion, any type of disability, age, race, or national origin. Other reasons are:

– Being part of a union.

– Reporting a dangerous situation.

– Requesting that your rights be respected.

– Reporting any illegal activity at your work.

How can I protect my rights before leaving a job?

– Keep documentation related to your dismissal. This documentation should include who you have spoken to and the behavior of both parties. You can save emails and any other type of communication relevant to the case.

– Have an employee diary: Keep track of any change in your salary, criticism, or any change in how you are treated. Remember always to record the time, date, and location of the events. This documentation will help you better understand why you were fired.

We hope that these tips are very useful to you. Remember that if any of your rights are not respected, you should seek the help of a lawyer.

The year is coming to an end, and endless possibilities open up for everyone. The world of labor law will be no exception. Therefore, to close this year, we want to share with you five steps so that you are prepared in 2022.

Your company must update its employee manual:

This manual must include the new law AB 1033 that expands the definition of family members covered within the family rights law. It must include the employee’s partner, children, or a parent. If the company has fewer than five employees, it will not be necessary to include this law.

Make sure your Human Resources manager gives you all your documents in order:

Your human resources manager must give you several documents that will serve to inform you about your rights as an employee. They must give you a paper that explains wage theft and another that describes the labor laws in general.

If you are an employee except, make sure your salary meets the minimum wage threshold: Starting in January 2022, the minimum wage will be increased from $14 an hour to $15 an hour. You must also confirm that you are being paid the appropriate overtime according to this setup.

Make sure severance agreements are up to date:

It is important to take into account law AB 331. The law of “No more silence” stipulates that any case of sexual harassment in the workplace must be completely public.

Make sure the company considers the March 2022 deadline to submit its salary report: 

It will be vital that they start doing it when the year begins so that they have all the data at hand.

Now that you have all this information, you must take the time to know if all we mentioned above is in order. Approach your Human Resources manager and ask him about this. If they are not respecting your rights, call us.

Are you having problems at your work? Do you need to know if this problem can be taken to court?

If you answered yes, this article would be of interest to you. We will share some of the reasons you could take legal action against your employer, which will help you stay informed and feel more comfortable asking that your rights be respected.

You must know that this type of process can take some time but that eventually, you will obtain the justice you need. When you file a case, it will take approximately six months to investigate it, and then you will have three months to go before a court. Here are some of the reasons an employee would like to file a court case against his employer:

• Illegal termination of a contract:

According to California law, your contract can end at any time. However, termination is illegal when the following happens: you are fired for no reason, they say that your performance is not ideal, but they have no proof, when there was a verbal or written contract, right after a claim was made related to the workplace, when the dismissal occurred without following company policies, and especially, if it is based on a protected characteristic.

• Payment reduction:

To proceed legally in this, it is important that you always take notes of the hours you worked and the hours you were paid. These laws are very strict at the federal and local levels, so it will be easy to make a claim if they are not being respected.

• Personal injuries:

In most cases, if an employee is injured at work, he or she will be able to claim compensation for the injury. If not, it is necessary to proceed legally. Your employer should provide you with insurance to cover these types of expenses. In the case of injuries, you need to contact a workers’ compensation attorney more specifically.

These are some of the most common reasons to sue an employer. Others include discrimination, sexual harassment at work, retaliatory termination, and defamation.

If you need help, call us, and we will help you.

According to Business Insider magazine, 42% of members of the workforce have suffered or witnessed some form of discrimination in their workplace. This is why we believed it was imperative to remind you of some signs that will help you know if you are suffering from discrimination. If you identify with any of them, we will also share with you how you should proceed. 

Before sharing these discrimination signs with you, it is essential to remember that this type of behavior could come from your boss or even a colleague. Some signs of job discrimination are: 

• Inappropriate jokes: If a colleague or boss makes jokes about your gender, race, place of origin, or your sexual orientation, you are suffering from discrimination. 
• Minimal diversity: When your employer only hires people of a specific gender, race, or sexual orientation. 
• Role Ruts: It could happen in many ways; an example is that all the secretaries are women and all the partners are men. 
• Negative feedback: If you receive a lot of negative feedback even though you know you are doing your job correctly, it could signify that you are suffering from discrimination. 
• Questionable Interview Methods: Discrimination can happen from the moment of your interview process. If you are a woman and your interviewer asks if you intend to have a family in the future, you could be suffering from discrimination, as asking this question is also illegal. 

Did you identify with any of these points? Don’t worry; there is a viable solution to the problem you are facing. This is what you should do:

1.  Seek legal help 
2. Keep a record of the discrimination 
3. Find a way to diversify your income 
4. If the discrimination does not come from your boss, file a complaint with them 
5. File a claim with human resources 
6. File a claim with EEOC 

Don’t let this keep happening to you; get in touch with us. Our team is ready to attend to your case.

Do you have a temporary employment contract?

In this week’s blog, we want to help you know what your rights are if so. This contract is a great short-term solution for you and your employer. Having a temporary employment contract gives you different rights than people who have a permanent contract. These are the most important rights to remember.

• Establish a schedule: Your contract should make it clear how many hours you work per day and how much rest you will have. You should have 11 hours of rest throughout a day or a day of rest if you work a week in a row. You are also entitled to maternity or paternity leave after being with the company for a certain period of time.
• Payment: You must be paid at least the minimum wage corresponding to your state. You may also be entitled to paid vacations if the company offers them. Holidays are not always going to be included in this type of vacation. After 12 weeks of work, you could have the same rights as a person who has a permanent contract.
• General treatment: From day one, you will have the same rights to obtain another job within the company where you work. This could help you get a permanent contract. You will have permission to use all the available facilities, and you will have the right to have health insurance. For no reason will it be valid for them to discriminate against you because of your gender, age, race, religion, sexual orientation, and marital status.

After looking at these rights, it is a little easier to see that these contracts are not so different. Therefore, it is important that you know what steps to take if you encounter any illegal treatment at your work.

If you are experiencing any type of discrimination, you must report it as soon as possible. You can report it to your boss, but seek the appropriate agency to file your complaint if you do not feel comfortable.

If you need help, make an appointment with us.

As an employee, it is critical that you receive the minimum wage that the law guarantees for you and that you are correctly paid for any work you do. There are many laws in the state of California that protect you and define how you should be paid your wages. Do you think your employer is not doing it? You don’t have to worry; there is a straightforward way to solve it: you must file a wage claim, and in this week’s blog, we’ll tell you exactly how to do it.

What type of claims can I make?

You can make a claim if your employer does not respect employment laws concerning your salary. This includes:

• Violation of the payment of the minimum wage
• Violation of the payment of overtime hours
• Break/meal schedule violations
• Tips and unpaid commissions
• Unpaid vacations
• Unauthorized salary reduction
• Settlement payment violations.

How do I make a claim?

You have to fill out a DLSE 1 form and submit it to the Labor Standards Enforcement Department. These are the forms that you must fill out depending on the claim you will make:

• DLSE Form 55 if you have irregular work hours 
• DLSE Form 155 if you are going to claim unpaid commissions
• DLSE Payment for vacation hours if you want to make a claim for unpaid vacations.

What documents do I have to include?

It is not always necessary to present extra documents but having the following could help your case:

• Notice to your employer
• Bad checks
• Proof of payments
• Any record of the hours you worked.

What is the time limit in which I can make a claim?

For most claims, you can wait a maximum of 3 years. But if your employer made you a promise that you do not have in writing, the limit for a claim is two years, while if you have a contract, the limit is four years.

How much can I receive for my claim?

• If you were not paid the minimum wage, you have the right to receive the difference from what was owed to you.
• If you were not paid overtime, you would be entitled to receive an extra 50% of your normal salary for the hours worked.

If you need help with any of these issues, give us a call.

Although the pandemic is beginning to recede, job losses continue to be a problem. As a result, many people have resigned, and many others have had their contracts terminated. In this week’s blog, we want to focus on those who have had their contract rescinded. In that situation, here are three things you should receive from your employer.

• Final payment:

According to the law, an employer must pay you all the wages he owes you immediately after the contract has ended. Also, according to law 227.3, you must be paid for the vacation days that you did not use. This does not include the value of unused sick leave days. If your employer is slow to make these payments, he must pay you for each extra day it took him to pay you.

• Notifications of any change in the employment relationship:

If your employer knows that the employment relationship is going to change, they must notify you immediately. This means that your employer must inform you of any change before it takes effect. If your employer does not notify you of this change, he is breaking the law, and you can proceed legally.

• Access to unemployment programs:

This law requires that your employer terminate your contract correctly so that you can have access to the benefits that the government can give you. It is also their responsibility to explain to you which programs you may apply to. Your employer may be able to accomplish this simply by giving you a brochure that tells you what programs are available to you.

These benefits could be similar if you quit your job. The only thing that would change is the payment format; we will discuss this in more detail in another blog. For now, if your contract has been terminated and you are missing any of these benefits, you must contact an attorney. They will help you know how you should proceed to obtain compensation for the unfair treatment you suffered.

Do you know what the role of unions is in the 21st century? Not sure if they have the same impact as before? Throughout history, unions have been created to ensure that benefits and conditions are the best possible for employees. Their role is to be the link between the government and the companies. They also play a critical role in California politics, for example, by demanding that the minimum wage be $15 an hour, that sick leave be increased, and that there be a safe workplace during the pandemic.

Despite all this, its enrollment rate is the lowest in history. This is especially problematic in the private sector, which makes up 84% of the workforce. In addition, only 16% of employees belong to a union out of nearly 15 million employees in California. The main factor behind this loss could be that the state of California does not have laws that require you to be part of a union if this is how it works in your industry.

These figures are worrying for employees because unions are one of the reasons why the economic inequality that exists has been reduced, especially with the difference in pay in wages. The less participation in unions, the more inequality increases. Although, of course, many people question whether this is true because unions have failed to regulate wages in the private sector.

New industries have emerged, and unions will have to adapt to changing conditions. In the future, they will have to change their recruitment strategy so that you as an employee understand the value they could have in improving your work life. They should also consider spending more of their budget explaining what we just mentioned. Finally, unions are not having the same impact as before and have a long way to go before they can have a tangible impact on the private sector.

The new mandate from the United States federal government, and OSHA regulations, to make COVID-19 vaccine requirements stricter have left many employees and employers confused. At Líder Laboral, we know that this situation can make you not understand what is happening as an employee. That is why in this week’s blog, we will tell you everything you need to know about this topic.

Legally, you are allowed to be asked to present your vaccination card or a negative COVID-19 test:

• On September 9, President Biden announced stricter measures for workers. Employees of the federal executive branch, all federal contractors, and workers in health care facilities receiving federal funds from Medicare or Medicaid will be required to get vaccinated; getting regular tests will no longer be an alternative. Measures for private companies were also announced. If the business you work for has more than 100 employees, you must present proof that you have already been vaccinated or take weekly tests.

You can be fired if you do not comply with the vaccination/testing policy against COVID-19:

• You may disagree with your company deciding to implement a vaccination policy. But if it is approved as company policy, you must comply or be at risk of losing your job. Unless, of course, you can show a medical or religious exception.

You may not be entitled to unemployment benefits if you were fired because you did not want to get vaccinated:

• This is still not completely clear. But many legal experts say that as the laws are finalized, it will become more challenging to obtain these benefits if you were fired for not wanting to be vaccinated. The only thing that could help you get them is if you had refused to do so because you have a medical condition that could be affected by the vaccine. This will probably end up being decided state by state.

These are some of the critical data from the new mandate against the COVID-19 vaccine. You must understand your rights so that you know when to proceed legally against your employer. If you need help, please get in touch with us.

Because the United States is, as we know, made up of other states that consider themselves largely independent, federal and local laws often differ. In this week’s blog, we will talk about the labor laws in our state that are different from the federal ones. You must understand the differences so that you can ensure your rights are always respected.

If you are an employee and you work in California, then you are fortunate. In general, California labor laws tend to be much more employee-friendly than federal laws. For example, the minimum wage in California is $14, while the minimum wage according to federal law is $7.25.

Another difference is the treatment of contract employees. If you are incorrectly classified as a contract employee, then you could claim compensation. This compensation is supposed to cover extra expenses that you might have incurred because of the mistake made. This type of reward is not awarded at the federal level.

As an employee in the state of California, you will have the right to request reimbursement for any expenses you may have related to your work. This is not the case when considering a similar problem at the federal level. According to federal law, if you are an employee and earn more than the minimum wage, your employer does not need to reimburse you for expenses that you have had related to your work. Also, in California, it is required that an unpaid meal break and a paid rest break be granted. It also guarantees employees a certain number of sick and vacation days. There is no such thing at the federal level.

Finally, federal laws do not specify how it should be handled when you work longer than your set schedule, but only for a short time. For example, the extra 5 minutes it takes you to register when you arrive at work. However, California laws consider that any time spent at work should be rewarded (including getting your temperature checked, for example). If you have any questions, call us.

A study found that more than 75% of employees suffer harassment in the workplace. But do you know how to determine if you are going through the same thing? Being able to identify this type of behavior will be vital to being able to prevent it. However, as it is not always easy to identify them, we want to tell you how you could do it in this week’s blog.

According to the CDC, harassment must include the following:

• Unwanted aggressive behaviors
• That you observe or perceive an imbalance of power
• That the bullying behavior is repeated or that there is a possibility that it will happen again.

Unfortunately, no laws punish bullying in the workplace; legal action will only be taken if it becomes harassment. Therefore, the best way to identify bullying is first to understand if it makes you feel uncomfortable. If you answered yes, according to a study, 19% of employees witness harassment actions, so you could have a witness and someone to ask their perception of the problem. These are some types of harassment to help you understand if you are going through the same thing.

• Being pressured to give sexual favors
• Offensive jokes
• Unwanted comments
• Threats
• Abuse
• Unwanted sexual proposals
• A derogatory nickname
• Unwanted physical contact
• Sharing of derogatory/unwanted photos.

These types of behaviors are extremely serious and can affect an employee in different ways. A study was carried out in which employees said that suffering from harassment behaviors like the ones mentioned above wholly changed their perception of the company’s culture, the opportunities that exist within it, and the intentions of their colleagues. This makes employees feel unsafe in their workplace; it also causes them not to feel part of their team and lowers their productivity. Unfortunately, the emotions caused by these types of situations mean that bullying is not always reported.

Remember that you are not alone and that reporting abuse will help you feel more secure.

This year has been a year full of changes for the working world, primarily due to the restructuring of the work system necessary to deal with the COVID-19 pandemic. Some laws were passed directly in response to the pandemic, others as a result. Here we answer some of your most frequently asked questions related to the new labor laws.

Which companies have to call the employees they had laid off?

The size of the company does not affect these types of situations, but the area where they work does. This regulation applies to hotels, airports, and workers in the service industry affected by the pandemic. This means that it does not matter if the company is small or the size of Amazon; employers must adhere to this law.

Can I use my paid sick days if I get COVID-19?

Yes, if you still have days available, you can be compensated for the days you had to stop working.

What does the paid sickness expansion mean in regards to family members?

This expansion means that if someone in your family suffered from COVID-19 and you need to help them, you could. But as we mentioned on a previous occasion, it could only be done if you have available paid sick days.

When am I going to get paid overtime?

When an employee works more than 12 hours a day, he must be compensated twice his hourly wage. The same happens if you work seven days in a row.

When should I receive a meal and/or rest break?

When you work less than three and a half hours a day, it is not mandatory for you to have scheduled breaks. However, according to California law, if you work more than three and a half hours, you should be given 10 minutes for each hour of work on your contract. In addition, if your work is more than 10 hours a day, you should receive two different meal times.

These are some of the most frequently asked questions we receive. It is vital that you stay informed of the changes coming to the labor laws and that you understand your rights.

Temperature checks have become an everyday occurrence in our personal and work lives. But does my employer have to pay for the time it takes me to do them?

Regardless of the length of the wait, if the temperature check is outside of your schedule, that time must be compensated. That means that if the temperature check or any questionnaire you have to complete is off the clock and you don’t get paid for this time, you might be entitled to compensation.

Concerning this type of procedure, the CDC presented different scenarios and how to handle them. One of them is that if an employee whose temperature was taken has too high a temperature and must go home, the employer must pay them that day. Another scenario is that the employee’s temperature must be confidential and must be shared with no one.

The last possibility, and it is the one that interests most people since it is a requirement for many, is compensation for this extra security step. The answer to this is that, as we mentioned, you should be compensated for the extra time it takes to go through this procedure. This means that your employer cannot deduct part of your salary if you are not at your workplace at the agreed time if the reason you were late was that your temperature was being taken.

You must know your rights concerning this extra security measure because it may continue to be required at your job for a while longer. This means that your employer must consider this additional time when calculating your work schedule. Stay informed of the changes that will be made in the process of entering your workplace. Ensure your rights are respected, and don’t let your boss deduct your salary if you are forced to go through this process.

These last few months have caused a lot of uncertainty in various aspects of our lives. From when was it going to end to whether remote work would continue to be normal. In the state of California, labor laws have been renewed more and more in recent months. To avoid confusion due to all the coming changes, we want to share with you four key changes in the coming months.

• COVID-19 Precautions: Preventive measures against COVID-19 are changing almost daily. It is recommended that you constantly review the Department of Industrial Relations page to make sure that you are up to date with the measures that your employer has to be taking. Ask within your company if there is someone in charge of communicating these changes constantly and stay in contact with this person to make sure everything is working as it should.

• Expanding reasons why you might take a break from work: According to a group of lawyers, this law has little to do with the changes that come with a return to normalcy after the pandemic. This new law seeks to expand the reasons you can get time to be at home and continue to be paid—involving reasons such as illness, the birth of a new member of your family, among others. This law could only affect smaller companies, but this is not 100% clear yet.

• Payment data report: To ensure that salaries are equitable throughout the company, the company must submit an annual report stating how much it pays each person by race, ethnicity, and gender.

• Board of Directors Diversity: This law requires that there be at least one non-white member to ensure diversity on the board of directors.

These are some laws that will bring many changes to your work environment. Make sure your company follows these new laws so that your rights are respected.

The return to normalcy is getting closer and closer, and it’s something that excites us all. Advances in the COVID-19 vaccination plan mean that your return to the workplace is just around the corner. In the state of California, the government has defined the ideal measures to return to normalcy. Getting to this point took them some time, as they were a week late in making the decision.

The central discussion during this debate involved whether it is necessary to continue wearing a mask or not. Throughout the pandemic, there has been a back and forth about the use of masks. Two things were defined:

• The use of face masks will no longer be mandatory as long as you work outside. If you have any symptoms of COVID-19, you should use the mask again, regardless of whether you are vaccinated or not.
• The use of face masks is still mandatory in an enclosed space. You can only stop using it if all the people who work with you are already vaccinated and do not have any symptoms of COVID-19.

The other point that was discussed was social distancing. This is still a requirement if you are going to work at an event where more than 10,000 people will be in attendance, but this will change after July 31st. These conditions are subject to the lack of an outbreak in the area where you live.

These are other important points regarding the new measures:

• If you are not fully vaccinated, your job must give you an N95 mask from July 31st.
• Your workplace may ask to see your vaccination papers.
• You can be tested at no cost if you have not been vaccinated and have any symptoms of COVID-19.
• People who are vaccinated will not need to quarantine, even if they have been in contact with a COVID-19 case.

This is what you need to know to have a safe return to your workplace. If you need help, please contact us.

Freelance work through apps like Uber, Lyft, DoorDash, and a few others has become increasingly common. When these apps started, people used them to earn extra income. Today, it has become the full-time job of many. This is why companies like the ones mentioned above came together to create proposal number 22 in California.

The proposal had the following guidelines:

• 120% of the minimum wage must be awarded when the driver is driving with a passenger or en route of travel.
• $0.30 for expenses for each mile driven with a passenger or en route of travel.
• Medical insurance for any driver who works more than 15 hours.
• Companies must be responsible for paying the medical expenses of their drivers if they have an accident during their working hours.
• Creating discrimination policies on sexual harassment and criminal conduct.

This seeks to legally consider the employees of the apps as independent instead of employees, which means that they would not be entitled to paid vacations or sick days, among other benefits. 

This proposal is controversial because many drivers who work for these apps do so full-time and are losing many rights. Proposition 22 was approved in November 2020 with 59% of the vote. This has prompted drivers to protest to try to get more rights.

That this law has been passed means a change for many other people who work independently. One of the biggest things that changed is drastically reducing the protection from sexual harassment, creating a lot of uncertainty for those with such jobs. If you are a freelancer, make sure you understand what your rights are so that you can get the necessary legal help if they are violated. If you need help, contact us.

We must always defend our most basic rights. Depending on the environment you are in, these rights may vary. This week, we want to share with you the rights that are absolutely necessary for your workplace. We hope this helps you have a much healthier work life.

The three fundamental rights of a worker are:

1. The right to know: Your workplace has an obligation to ensure that its employees have instructions and training to stay healthy and safe. This can be presented in the following ways:

• Through an inspection of the workplace to determine possible risks involved. The worker has the right to know all the dangers.
• By having a security protocol accompanied by a straightforward procedure. This must comply with what is requested by the government and the internal standards of the company.
• By having a clear emergency protocol. This means that if there is an emergency, you will know what to do. Also, by having a first aid kit.
• By having clear reports for incidents and investigation procedures.

2. The right to participate: This right is crucial because it allows employees to give their opinion on the security procedures that must be carried out during their working hours. Employees need to give their input on the safety of their workplace. If an employee wants to make a change and that change makes legal sense, the employer must do so.

3. The right to say no: This right is related to having the power to say no to any activity that could endanger your well-being and health without having repercussions such as losing your position.

These rights are necessary and indispensable for your workplace. If you need help, please contact us.

Bullying, no matter where it occurs, is a very sensitive topic, and sadly, it is much more common than we think. It can happen anywhere, even at your job. Therefore, in this week’s blog, we will tell you how to identify harassment in a work environment, what type of harassment it could be and what to do when faced with such a situation.

Bullying not only occurs in small businesses, but it can also happen in any business and industry across the United States. This can be presented in different ways, from intimidation, ridicule, or discrimination to sexual harassment on a physical level. The easiest way to avoid or reduce this being a recurring theme in your workplace seems to be very obvious. This is having policies against bullying and reminding everyone how to handle it.

It is essential to mention that any harassment, not necessarily of the physical type, is entirely illegal within your workplace and should be reported. Indeed, you may think that if you find yourself in a similar situation, you would automatically report it without thinking, but this is not always the case. These types of problems make you feel uncomfortable and confused about what happened.

Here are some types of bullying:

• Verbal: This consists of being offensive and receiving unnecessary criticism.
• Psychological: It is similar to verbal, but it has exclusion tactics and does not share necessary information.
• Digital Bullying: A way for you to be intimidated through the communication networks used in your workplace.
• Physical violence: This can happen when someone touches your face, hair, or arm unnecessarily or you are threatened that they will physically hurt you.
• Sexual Violence: It is reported that more than 40% of women have experienced this type of harassment in their workplace, while 12% of men have faced a similar situation.

If you need help, get in touch with us.

The pandemic caused by COVID-19 has generated infinite changes in the work environment. The main one has been the change from working in a physical office to doing it remotely. This has brought many benefits, but also many problems.

In this week’s blog, we want to share some of the difficulties that remote work has caused. When the emergency started, not all companies had clear remote-work policies. Typically, these policies or regulations indicate what an employee forced to work from home has the right to and if this will involve any extra payment from the company. By not having them, the situation becomes confusing.

Another hurdle that has come up is data security. Companies have had to react quickly to the problem that arises now that employees do not enter the corporate network from one place. To remedy this, some companies have tried to train their employees to improve their IT knowledge.

Business leaders have had to act the fastest during the pandemic. They have had to demonstrate resilience and speed to keep the team together despite the distance. Communication between them and employees has been the key to keeping companies running.

According to some calculations, it is believed that 25-30% will still work some days from home. This would involve even more changes. Some companies may decide to mix up the days and reduce their office space. Others may want everyone to return, and some will choose to continue working entirely remotely.

We tell you this because we know that the stress of uncertainty is still very present. At Líder Laboral, we are constantly preparing to attend to these types of cases. We always try to keep up to date on what rights you are entitled to and how to proceed if they are not complied with. If you need any help to defend your labor rights during this time, get in touch with us, and we will help you.