Yoosefian Law Firm, P.C. Glendale Employment Lawyer | Personal Injury Attorney California2024-03-18T19:11:39Zhttps://www.ylflaw.net/feed/atom/WordPressOn Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488362024-03-15T19:12:46Z2024-03-18T19:11:39ZMale-dominated culture
A key factor contributing to the prevalence of sexual harassment in the automotive industry is its male-dominated culture. Traditionally, men have occupied the majority of leadership positions. As a result, they have exerted significant influence over workplace dynamics. This imbalance of power can create an environment where harassment and discrimination against women seem normal. In doing so, it can perpetuate a culture of silence and impunity.
Power imbalances
Power imbalances can also contribute to the prevalence of sexual harassment. In hierarchical workplaces, those in positions of power may exploit their authority. When doing so, they may engage in harassment or abuse against others. Fear of retaliation can prevent victims from coming forward. This enables perpetrators to continue their behavior.
Lack of accountability and reporting mechanisms
Another contributing factor is the lack of accountability and reporting mechanisms. Many automotive companies lack robust policies and procedures for addressing sexual harassment complaints. This lack of accountability can embolden perpetrators. It can also discourage victims from reporting incidents of harassment.
According to Jalopnik, 65% of women in the automotive industry report experiencing sexual harassment on the job. Addressing sexual harassment requires a comprehensive approach that includes implementing robust policies, promoting gender equality and fostering a culture of respect and accountability.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488352024-03-07T20:07:23Z2024-03-08T20:06:10ZVerbal abuse
Verbal abuse happens when a boss uses cruel or hurtful words toward an employee who spoke up about wrongdoing or discrimination. It can include insults or threats to make the worker feel intimidated.
Exclusion or isolation
Sometimes, employers or coworkers intentionally exclude an employee from meetings or social events, which can leave the worker feeling isolated and disconnected from others.
Unfair punishments
Employees may get in trouble for small mistakes or actions that were not wrong just because they spoke about something else bad happening in the workplace. This can include getting written up or even losing their job for no reason.
Bad performance reviews
After someone talks about wrongdoing at their place of business, they might get a performance review that says they are doing a poor job, even if they are a solid employee. When an employer reacts like this, it can hurt a worker's chances of getting promotions or raises.
Sudden job changes
In some cases, employers might suddenly give an employee more work or different tasks. Employees can struggle with these assignments, making their jobs harder and less enjoyable.
Blocked opportunities
After a worker tries to alert others to an issue, their employer might stop them from getting promotions or training opportunities. This can make it harder for them to grow in their career and earn more money.
Employees have to be ready to stand up for their rights and get help if they face a hostile work environment. It is important for bosses and employers to create a workplace where people feel safe to speak up without being afraid of retaliation.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488342024-02-27T18:44:27Z2024-03-05T18:44:17ZUnderstanding the NLRA
The National Labor Relations Act safeguards the rights of employees to engage in activities like discussing pay rates with their colleagues. This law aims to ensure that employees have the freedom to communicate with each other about their working conditions, which includes salaries.
Discuss pay rates
Under the NLRA, you have the right to talk about your pay rates with your coworkers. This means you can openly share information about not only your wages but also incentives, bonuses and other compensation-related details without fear of retaliation from your employer.
Exceptions
While the NLRA generally supports the right to discuss pay rates, there are exceptions. For instance, employees in supervisory roles or those with access to confidential salary information may face limitations on openly discussing pay rates. Be aware of these exceptions to navigate workplace conversations effectively.
Building a supportive culture
The NLRA not only protects your right to discuss pay rates but also contributes to building a positive workplace culture. When employees can openly communicate about their working conditions, it fosters transparency and trust among coworkers.
Knowing your rights under the NLRA empowers you to have open conversations about your compensation to determine if you are being paid fairly for your work.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488322024-02-22T01:18:24Z2024-02-22T01:18:24ZUnequal treatment
To prove religious discrimination, you must prove that your employer treated you differently because of your beliefs and practices. Unequal treatment can manifest in various ways, such as unequal pay, denial of promotions or your employer asking you to do less desirable tasks than other employees because of your religious affiliation. Unequal treatment may begin shortly after you reveal your religion.
Hostility at work
A hostile work environment can include derogatory remarks, comments or jokes about your faith. The hostility can come from superiors, colleagues and even clients and customers. Remember that a bad, one-time joke does not constitute workplace hostility. However, if people continue to make jokes at your expense, it becomes harassment and discrimination.
Inflexible work policies
You have a right to make reasonable accommodation requests based on your faith. For example, suppose you must wear specific attire or need special scheduling for religious holidays. In that case, your employer cannot deny you because he or she does not agree with your religious beliefs. Too much rigidity beyond reasonable rigidity may indicate religious discrimination.
If you notice that people of different faiths receive different or better treatment than you do, you may have a claim of religious discrimination against your employer. All employers must foster a safe, accepting environment for all employees.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488312024-02-03T21:18:30Z2024-02-06T21:18:18ZWhy retaliation claims are rising
Per CalMatters, state workers filed 50% more workplace retaliation claims in 2022 than in 2019. Several factors contribute to the increase. Heightened awareness of employee rights and protections is one of them. Increased scrutiny of employer practices is another. Changes in laws governing workplace rights and protections may also provide employees with greater legal avenues for addressing retaliation.
How this impacts employers, employees
Workplace retaliation can have major consequences for both employees and employers. For employees, retaliation can result in adverse employment actions, such as demotions or termination. Either action can lead to financial hardship and emotional distress. Retaliation can also undermine trust and morale in the workplace. This, in turn, can create a hostile or toxic work environment. For employers, retaliation claims can lead to legal liabilities. They can also cause reputational damage and harm employee morale and productivity.
How to promote a more positive workplace culture
To address rising workplace retaliation claims, employers must prioritize creating a positive workplace culture. Employers should implement clear policies for reporting discrimination, harassment and retaliation. Employers should also provide regular training to managers and employees on workplace rights and responsibilities and the consequences of retaliation.
By fostering trust, respect and fairness, employers can lower the risk of retaliation claims and uphold their commitment to providing a safe and inclusive workplace for all employees.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488272024-01-23T02:19:42Z2024-01-24T02:18:46ZDocumentation is key
The foundation of a strong case lies in thorough documentation. Keep a detailed record of incidents, including dates, times, locations and the people involved. Be specific about the behavior that made you uncomfortable, providing context to each instance.
Witness statements
If there were witnesses to the harassment, ask them to provide statements. Their accounts can corroborate your experiences and strengthen your case. Ensure that these statements include specific details and that the witness signs and dates them.
Preserve evidence
In today's digital age, evidence can take various forms. Preserve any relevant emails, text messages or other electronic communication that supports your claim. Take screenshots, save files or make copies to ensure you have a comprehensive record.
Report to a supervisor or HR
Timely reporting is important. Inform your supervisor or the human resources department about the harassment. Follow any reporting procedures outlined in your company's policies. Provide the documentation and evidence you have gathered, maintaining a clear and concise presentation of the facts.
Seek medical assistance
If the harassment has had a negative impact on your health, seek medical attention and keep detailed records of your visits. Medical records can serve as additional evidence of the emotional and physical toll the harassment has taken on you.
Retaliation precautions
Be mindful of potential retaliation and take steps to protect yourself. Keep documenting any adverse actions taken against you as a result of your complaint. This documentation can be important in establishing a pattern of retaliation, if it occurs.
Stay informed about company policies
Familiarize yourself with your company's policies on sexual harassment. Understanding these policies can empower you to navigate the situation effectively. Ensure that you adhere to the procedures outlined in the policies to strengthen your case.
Proving a sexual harassment claim in the workplace requires several steps. By following these steps, you can assertively address the issue, fostering a workplace environment free from harassment.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488262024-01-10T15:57:46Z2024-01-10T15:57:46ZCalifornia's requirements for meals and rest breaks
California law requires all nonexempt employees who work for more than five hours a day to take a 30-minute meal break and a 10-minute rest break for every four hours they work. Also, employers must pay workers during rest breaks and meal breaks. If the employer fails to provide you with these breaks, they must pay you one hour of pay at your regular rate.
What to do if your employer denies you breaks without corresponding pay
If your employer denies you breaks, the first step you can take is to speak to your supervisor and express your concerns. If your supervisor does not take the necessary steps to ensure that you get your legally required breaks, you can prepare to file a claim with the Labor Commissioner's Office.
To support your claim, you often need documentation of your skipped breaks, including the dates, times and durations. You can also supply a personal record of any conversations you had with your supervisor regarding your breaks.
Filing a claim with the Labor Commissioner's Office is a simple process that involves filling out a form online or in person and submitting it to the Labor Commission. Your employer will receive a notification, and formal proceedings will begin. Furthermore, you can also file a lawsuit if your employer owes you substantial compensation for missed breaks.
Breaks are a vital right for California workers. If your employer violates that right, the law leaves open options for you to pursue justice.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488252024-01-05T17:18:24Z2024-01-08T17:18:16ZYou are not getting paid for all of your hours worked
Are you required to work off-the-clock, before or after your scheduled shift? Or are you asked to adjust your timecard to reduce reported hours? Both are illegal practices. Your employer must pay you for every single minute that they require you to work, with no exceptions.
You see unauthorized deductions from your pay
Your employer cannot legally deduct money from your paycheck unless authorized for taxes, insurance premiums or other reasons as mandated by law. Deductions for cash register shortages, uniforms or breakages are illegal.
Your employer misclassified your status
Classification as an employee or an independent contractor requires careful consideration of each individual’s role and responsibilities. Your employer might declare you an independent contractor to avoid paying you overtime and other benefits. Make sure you understand the determinations and hold your employer accountable for your status.
According to research in 2020, as many as 30% of employers misclassify at least some or their workers. If you see any of these wage theft red flags, document your hours and pay stubs and speak to an expert to understand your rights. You deserve fair pay for your hard work.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488232023-12-28T20:19:40Z2023-12-28T20:19:40ZEmployee vs. independent contractor
First and foremost, know the difference between an employee and an independent contractor. Employees work under the direction of the employer. The company dictates the work hours, tasks and methods. On the other hand, independent contractors have more autonomy and control over their work. They often provide services on a project basis.
Key rights of employees
As an employee, you have certain rights and benefits that independent contractors may not have. These rights include, but are not limited to:
Minimum wage and overtime pay
Employment benefits such as paid time off, retirement plans and health insurance
Tax withholding for income taxes and Social Security contributions
You have legal options if your work misclassifies you as an independent contractor when you should have an employee classification.
Consequences for employers
According to a report, nine out of ten employers inspected in California in 2017-2018 did not comply with the state's laws about misclassification. You can seek back pay for any wages or benefits denied due to misclassification. Your boss can also face legal penalties and fines for violating employment laws.
If you believe your employer misclassified you, take action. Contact your state labor department to report the issue and seek guidance on correcting the situation. Understanding your legal rights helps ensure fair treatment in the workplace.]]>On Behalf of Yoosefian Law Firm, P.C.https://www.ylflaw.net/?p=488222023-12-13T01:41:01Z2023-12-13T01:41:01ZThe basic process
The RCI delves into the timeline of events surrounding the alleged retaliation. The investigation also considers the specific circumstances, workplace culture and relevant policies. This meticulous approach enables the unit to assess the legitimacy of the claim and make informed decisions regarding the appropriate course of action.
Documentation
During the process, the RCI may ask for additional documentation. It is essential to provide any requested items. The RCI may examine emails, performance reviews or other records that may shed light on the events in question. This careful review helps corroborate or refute claims and ensures a well-rounded investigation.
Interviews
The RCI may speak with individuals who may have observed or had involvement in the alleged retaliation. You may have to undergo an interview or attend a hearing as well. Getting firsthand accounts contributes to a more thorough understanding of the situation. The unit strives to maintain confidentiality throughout this process, creating a safe space for witnesses to share their perspectives.
Upon concluding the investigation, the RCI will issue findings and recommendations. This transparent communication ensures that both employees and employers are aware of the outcomes and understand the rationale behind the unit's decisions.]]>