How Is Sexual Harassment Different From Sexual Assault?

Both sexual assault and sexual harassment are forms of abuse that should never be tolerated. It’s good to know that there are distinctions between the two types of abuse. Read on to learn how to distinguish between sexual harassment versus sexual assault. Sexual Harassment According to the U.S. Equal Employment Opportunity Commission, sexual harassment includes the following: Unwanted sexual advancesRequisitions...

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Can Sexual Harassment Be Verbal?

If you’re receiving unwanted sexual gestures from someone you work with, you may have questions regarding whether sexual harassment can be verbal. Read on to learn the answer, and more. Sexual Harassment Defined In short, yes. Sexual harassment in the workplace can be verbal, according to the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC, “It is unlawful...

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What Most People Misunderstand about Hostile Work Environments

Most people have common misconceptions about what a hostile work environment looks like. They may picture a boss yelling and screaming obscenities at an employee, or they might imagine bullying and teasing from coworkers. These aren’t inherently incorrect depictions of what a hostile work environment could look like, but they’re devoid of the factors that would legally make them so....

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Should Employees Get Paid for Idle Time at Work?

Sydney works at a small local retailer in Los Angeles. It’s the early afternoon on a Friday, and there’s not much business. Sydney has just returned from a meal break when her manager tells Sydney to clock out until business is expected to pick up around 6 p.m. He says she can do whatever she wants as long as she...

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Are There Limits to At-Will Employment in California?

California is among the majority of states that recognize at-will employment. Typically outlined in employment agreements, at-will employment essentially allows employers to terminate someone’s job for almost any reason or no reason at all. Likewise, at-will employees can leave their jobs at any time without notice or an obligation to complete projects. This might come as a shock to some,...

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What You Need to Know About California Employment Law in 2020

New Year’s Eve: a time to reflect back and look ahead. Many of us will celebrate the beginning of a new decade by partying with friends and family, as well as making resolutions for a better year. In the midst of the celebrations, employers and employees alike are planning for a host of changes to California employment law. To help...

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Uber and Postmates Sue State of California over Assembly Bill 5

In an effort to protect employees from intentional misclassification as independent contractors, California implemented Assembly Bill 5, effective in 2020. This bill allows independent contractors to file claims under a variety of worker protection laws to secure compensation or compel their employers to reclassify them as employees. Before even taking effect, the bill has backfired. Uber and Postmates, app-based ridesharing...

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Employment Discrimination During the Holidays

While it is illegal for employers to discriminate against employees because the of their religious beliefs, our legal team frequently receive calls around this time of the year from clients who want to know if they can sue their employer for their denying their request to take time off for religious holidays, such as Christmas and Hanukkah. While Title VII...

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What Should I Do If I Was Sexually Harassed at the Office Holiday Party?

As the end of the year approaches, workplaces across the country are starting to throw holiday parties. Although holiday parties are supposed to give employees the opportunity to relax and enjoy each other’s company, these celebrations can take an unfortunate turn and might be the scene of a sexual harassment incident, especially when people have consumed too much alcohol. If...

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Court Rules California’s “ABC” Test for Independent Contractors Must Be Applied Retroactively

In May, the Ninth Circuit Court of Appeals ruled that employers in California must retroactively use the recently-adopted “ABC” test if they are responding to a claim regarding the misclassification of independent contractor status for violations of the Industrial Welfare Commission (IWC) Wage Order. What Is the ABC Test? Last year, in the case of Dynamex Operations West, Inc. v....

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