FIVE WAYS YOUR EMPLOYER MAY BE USING ILLEGAL SURVEILLANCE

Employers often will review   or eavesdrop on employee communications, especially if they suspect their employees are engaging in wrongdoing. Employees generally have minimal privacy rights in communications that take place at work or on work-issued computers and cellphones. Below are five ways employers can legally (and illegally) spy on their … [Read more...]

SEEKING BACK PAY FOR AN UNPAID INTERNSHIP

  In today's modern business world, interns are becoming the contemporary equivalent of yesterday's entry-level employees. The primary difference between the two is that, unlike entry-level employees, interns are often not paid for their work. Employers will categorize workers as “interns” to avoid paying wages. This goes against many federal … [Read more...]

CAN MY EMPLOYER ASK ME FOR ACCESS TO MY FACEBOOK, TWITTER, AND OTHER PERSONAL SOCIAL MEDIA ACCOUNTS?

California law restricts your employer from asking you to provide access to private information stored in your Facebook, Twitter, and other personal social media accounts.  The law generally makes it illegal for employers to request or require current employees (job applicants) to: disclose their usernames or passwords in order to access their … [Read more...]

WHAT IF I AM ASKED AN INAPPROPRIATE QUESTION DURING A JOB INTERVIEW?

As discussed in a previous post, California law prohibits employers from asking non-job related questions that may lead to discrimination as to race, religious creed, color, national origin, ancestry, citizenship, physical disability, mental disability, medical condition, marital status, gender, pregnancy, age, or sexual orientation. Employers … [Read more...]

What can an employer ask during a job interview?

California law prohibits employers from asking non-job related questions that may lead to discrimination as to race, religious creed, color, national origin, ancestry, citizenship, physical disability, mental disability, medical condition, marital status, gender, pregnancy, age, or sexual orientation.  Basically, employers should only ask questions … [Read more...]

Can I Pump Breast Milk at Work?

California provides lactating mothers the right to pump breast milk at work under the California Lactation Accommodation law. This law requires most employers to give women a reasonable break from work to pump breast milk and to provide a private location that is: shielded from view; not a bathroom stall; and near or at the employee’s work area. … [Read more...]

Is my job guaranteed after I return from maternity leave?

JOB-PROTECTED MATERNITY LEAVE Often a woman doesn’t want to take time off from work to care for herself or her child because she fears that she will lose her job while on leave.  But many women are entitled to job-protected maternity leave. California provides two types. The first type falls under the California Pregnancy Disability Leave law … [Read more...]

Does California Provide Maternity Leave?

California law provides two kinds of maternity leave. The first is under the California Pregnancy Disability Leave law (PDL), and the second is under the California Family Rights Act (CFRA), often called “bonding” leave. Many employers confuse the two or treat them as the same.  Both types, however, provide different benefits and have different … [Read more...]

Is My Employer Required to Stop Sexual Harassment?

In an earlier post, I discussed what employees should do if they are being sexually harassed. Among other things, employees should tell the harasser to stop, and if that doesn’t work, they should report the harassment to appropriate persons at work (i.e. human resource department, supervisor, or upper management). Once reported, California law … [Read more...]

How Do I Know If I’m Being Sexually Harassed?

Sexual harassment is more than the typical “you’ll get ahead in this company if you sleep with me” statement.  It isn’t always so obvious and direct.  The following are just some of the many forms of sexual harassment under California law. EXAMPLES OF VERBAL AND WRITTEN SEXUAL HARASSMENT  Asking a person out for dates or drinks or to have … [Read more...]