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February 2016 Archives

FMLA policy omission leaves employer open to lawsuit

Californians who believe their employers treated them unfairly after they requested Family and Medical Leave Act days may be interested in a case involving the Illinois Department of Corrections. According to a report published in February 2016, the IDC fired an ex-employee because he allegedly took off too many days. Although he was taking care of his sick mother and indicated that these days should be counted as part of his 60 days of allotted FMLA leave, the IDC summarily decided that he had exceeded the limit. Notably, they failed to let him know there was a problem before they fired him for it.

Zika virus precautions for employees and employers

California employees who travel internationally for work may wonder what their rights are when it comes to traveling to countries where the mosquito-borne Zika virus is prevalent. Because the Zika virus is linked to birth defects, pregnant women and their partners are cautioned to be particularly careful. However, under federal law, a company cannot forbid pregnant women or their partners from traveling to areas where there is an outbreak.

Defining sexual harassment

There are many women in California who know that they have been sexually harassed on the job. Repeated lewd comments, unwelcome touching and requests for sexual favors are some examples of overt sexual harassment that could lead to a civil claim. While some examples of workplace sexual harassment are obvious, others are subtle and more difficult to define as harassment.

Ways California workplaces may be breaking laws

Although many people are aware that employees are protected from being discriminated against for things like their gender or race, there are a number of other rules that employers must follow, and many are being broken regularly. One of the most common examples of this is when employers tell staff that they are not allowed to discuss their earnings with other employees. However, the National Labor Relations Act states that organizations are prohibited from preventing employees from talking about their wages.

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Avila & Shaddow Attorneys at Law

Southern California
21800 Oxnard Street
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