Calling The Shots: The Law of Mandatory COVID-19 Vaccination in the California Workplace
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
Category: Employment Law
Employment Law: What You Should Know
California law protects employees in myriad ways. From wrongful termination to safety in the workplace and more, it’s helpful to know a few basic things about employment law and how you may be affected. Here is some basic information to know:
Do You Believe You Have Been Wrongfully Terminated from Your Job?
This may occur when an employer has discharged or laid off an employee in violation of a legal right of the employee, sometimes based on an employer/employee contract. In extreme circumstances, an employee may quit and still bring a claim for wrongful termination (“constructive discharge”).
Do You Have a Sexual Harassment Claim?
Unwelcome sexual advances or conduct on the job that creates an intimidating, hostile or offensive working environment. The unwelcome sexual conduct can be from a supervisor, coworker, independent contractor or client. Sexually harassing behavior ranges from repeated offensive jokes or innuendos, inappropriate touching and requesting sexual favors for pay or promotions, to outright sexual assault or a workplace full of pornography. Once a claim is made, employers are legally required to conduct an investigation to determine if discrimination or harassment occurred and prevent future discrimination or harassment.
What Does Workplace Discrimination Entail?
According to attorneys practicing employment law, workplace discrimination occurs when an employee suffers unfavorable or unfair treatment due race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person or receives unequal compensation for equal work based on gender or race. If you experience any type of employee discrimination, a lawyer may be able to help you with your case.
Do You Have a Wage & Hour Claim?
Employee lawsuits can arise from unpaid overtime or commissions, uncompensated meal or rest breaks, minimum wage or other violations of state or federal wage and hour laws. These rules are painfully complex. Many claims occur as a result of employers misclassifying employees as independent contractors.
Are You Aware of Your Rights if You Are under a Union Contract?
These cases involve the rights under a union contract or a local union’s failure to represent a member’s interests fairly. For example, an employer cannot retaliate against an employee for union activities, and a union agent cannot threaten an employee with potential loss of a job if the employee does not support union activities; otherwise, employee discrimination lawyers may bring a case against the employer.
Do You Have a Safe Workplace?
OSHA, the Occupational Safety and Health Administration, and its California equivalent, CALOSHA, set and enforces particular standards for safety. If employers fail to comply with these requirements, causing risk or harm to employees, then lawsuits may hold them liable for negligence. Workplace lawyers may bring a case citing OSHA requirements.
For more key issues in employment law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have an employment law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30-minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at
www.sdcba.org/ineedalawyer
Does My Boss Have to Accommodate My Religious Holidays?
It seems like it should be easy to get time off for religious holidays. But some employees are hitting a wall when it comes to their requests – paid or not.
Imagine this: you ask your boss to give you the day (or weekend or week) off so you can celebrate the holidays. Your boss denies the request, and you are forced to work during a religious observance. For some denominations, this goes against genuine beliefs. It can cause a serious rift between employees and employers.
Now you’re left wondering if your boss has to accommodate your religious holidays.
The answer is, it depends.
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Employers of more than 15 workers must “reasonably accommodate” an employee’s sincerely held religious beliefs. This is defined under Title VII of the Civil Rights Act of 1964.
However, if the time off would cause “undue hardship” on the employer’s business, then the employer can deny your request for time off. The justification can be that your absence from work would be exceptionally expensive for the company or that it would cause damage to your co-workers or their rights.
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New E-Verify Employment Law Goes into Effect January 1st
Employers: New laws go into effect in 2016.
On January 1, 2016, employers will need to abide by a new California employment law that restricts the use of the E-Verify system.
The E-Verify system enables employers to verify workers are authorized to work in the U.S. However, with the new employment law, employers will only be able to use the system under any of these circumstances:
- Required by federal law
- Condition of receiving federal funds
- Applicant received an offer of employment but has yet to start work
This means employers cannot use the E-Verify system at will. In order to legally use the system to check the status of applicants, employers will need to give the applicant a conditional offer of employment. Employers cannot use E-Verify to check the status of existing employees.
In addition, this new employment bill requires employers to promptly notify workers if the system doesn’t confirm an applicant is authorized to work in the U.S.
Employers who use E-Verify unlawfully are subject to a hefty $10,000 penalty.
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If you have questions regarding new employment laws in California, then you can get a referral to an employment lawyer who can provide answers. The Lawyer Referral and Information Service (LRIS) of San Diego County has an experienced, bilingual staff to assess your situation and provide you with lawyer referrals or additional legal resources.
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Employee or Independent Contractor: A Look at Current California Employment Law
Employees and independent contractors have separate provisions and exemptions under California employment law, so it is important for both employers and workers to understand the differences between the two classifications. No one wants to be denied their rights or have to face legal action, because they chose or received the wrong employment status.
In California, there is no official definition of “independent contractor.” Instead, each agency (Employment Development Department (EDD), Division of Labor Standards Enforcement (DLSE), etc.) has its own set of definitions, which may classify a worker as an employee or an independent contractor. This is why it is important for employers to fully analyze the relationship of the worker to the business, under all California employment laws that may apply.
Employees, on the other hand, typically receive benefits that independent contractors do not, such as: minimum wage guarantees and overtime pay, meal periods and rest breaks, workers’ compensation, paid vacation, and other benefits. Employees receive additional benefits but have a different relationship with the employer than a contractor.
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