We Are Pleased to Announce the Final Approval Order and Judgment In Our Supreme Court Case Mendiola v. CPS
The Final Approval Order and Judgment in our Supreme Court victory has been approved by the Court. This win for hourly workers will prevent future employer wage theft and protect “on-call” workers throughout California from unfair workplace policies. For more information, please visit our Mendiola v. CPS information page.
The Law Offices of Cathe L Caraway-Howard and the Employee Rights Law Group – Fighting for the little guy!
California has developed a reputation as a sanctuary regarding immigration, and some cities more than others. Soon, however, you may be able to add medical marijuana users to the list of people seeking sanctuary. An active proposed bill could protect people who use medical marijuana from employment discrimination.
As it Stands
As of now, California employers can deny employment on the grounds of marijuana use, even for medical reasons. If you look back to Ross V. Ragingwire, you’ll see that the California Supreme Court does not have to accommodate medical marijuana use, disregarding the Compassionate Use Act of 1996. The California Fair Employment and Housing Act (FEHA) doesn’t bind employers to accommodate illegal drug use, and it was interpreted so employers can lawfully deny employment to people using medical marijuana, as it remains illegal under federal law.
In 2016, the Adult Use of Marijuana Act passed, and it codifies the employer’s choice to “maintain a drug and alcohol free workplace.” Health and Safety Code §11362.45(f).
However, Rob Bonta, California Assembly Member for District 18, and Bill Quirk, Assembly Member for District 20, coauthored Assembly Bill 2069. This bill would amend FEHA by creating a new protected category for Marijuana Medical Users. The goal of AB 2069 would be to “prohibit an employer from engaging in employment discrimination against a person on the basis of his or her status as, or positive drug test for cannabis by, a qualified patient or person with an identification card.”
AB 2069 would not, however, turn it into a free-for-all. Employers would still be allowed to take corrective actions against employees found to be impaired on the company premises. Additionally, AB 2069 would let employers deny employment “if hiring the individual or failing to discharge the employee would cause the employer to lose a monetary or licensing-related benefit under federal law or regulations.”
What would AB 2069 Do?
What AB 2069 would do, if it makes it to law, would be to alter the entire legal environment. Employers will have to update their drug testing policies. Additionally, they’ll need to change the way they treat applicants and employees who test positive for marijuana. What AB 2069 would not do, however, is protect recreational use. If you’re a recreational marijuana user, California employers are still able to deny employment through drug testing policies.
This legislation raises a few concerns. Some question whether this is a reasonable accommodation, or if it’s an abuse of disability discrimination law. Additionally, the Controlled Substances Act (CSA) may still preempt the bill as it is a federal law, and still classifies marijuana as a Schedule I drug.
In the 2016 case from New Mexico, Garcia V. Tractor Supply Co., a federal district court held that the CSA preempted the state’s marijuana law. On the other hand, in a 2017 case in Connecticut, another federal district court held that a statute very similar to AB 2069 was not preempted by the CSA. In the Noffsinger v. SSC Niantic Operating Co. case, the court decided that the CSA does not specifically regulate an employment relationship, so it does not preempt the Connecticut law.
What Should You Do?
As always, if you have legal questions, you should consult with a lawyer directly. At the Law Offices of Cathe L. Caraway-Howard, you can count on them fighting for the little guy. You can call (310) 488-9020, or visit the website to see what Cathe can do for you.
2017 sure felt like it was the year of harassment. It seemed like every day or two there were new high-profile stories of sexual harassment claims in the news. You didn’t just see the claims though; there were social media movements like #metoo that started, or were rejuvenated as more and more survivors came forward. You don’t have to work for someone rich and powerful to suffer from sexual harassment; just ask any workplace attorney. Out of the fire of all of this hurt, came Senate Bill 396.
What is Senate Bill 396?
Governor Jerry Brown signed the bill on October 15, 2017. This new law requires employers with 50 or more employees to expand their already required two-hour sexual harassment training. In addition to the standard sexual harassment training, supervisors will receive training on policies prohibiting harassment based on gender identity, gender expression, and sexual orientation. All employees in supervisory capacities receive this training once every two years.
What Does All That Mean?
The California Fair Employment and Housing Council have definitions for “sex”, “gender”, “gender identity”, “gender expression”, and “transgender”. Each of these items are independent of the others as well. Because of Senate Bill 396, the already-required training will cover how to avoid harassment based on these items. This way, there will be less of a need for sexual harassment claims, and better protections for transgender individuals in the workplace.
So, What Should You Do If You Think You Need to File Sexual Harassment Claims?
Even with additional training, there will still be sexual harassment claims. If you’re in this unfortunate situation, you need to take advantage of your protections. No one should have to worry about sexual harassment, and that includes you. The first thing you should do after your sexual harassment is contact a labor attorney. You’re going to want a professional on your side.
Fighting back against sexual harassment claims starts before they ever happen. Try to have a plan of action if it happens. Freezing up in the moment is very common, and if this happens to you, don’t feel bad. However, if you’ve thought about how to handle the situation, your loud and clear message in the moment may not just establish that the advances were unwanted, but possibly end any problems before they can really start.
Once you find yourself in the situation of having to file sexual harassment claims, you’ll want to write down everything. Write down when you were harassed, what they said, and who was around to hear it. Do this as quickly as you can. Memories fade, but if you write it down right away you will have crystal-clear accounting. Document everything, from requests for sexual favors, to anything you think might have been retaliation for fighting back. Save every email, every memo. However, don’t record this using work property; use the notes app on your phone, or keep your own paper notebook on hand.
Remember, this is not your fault, and you’re not alone. Men and women deal with sexual harassment every day. If you need help with sexual harassment claims, or any type of workplace discrimination, the Law Offices of Cathe L. Caraway-Howard are here for you. Call (310) 488-9020, or visit the website to see how they’ll fight for you.
As a restaurant server in California, you make the state’s minimum wage, unlike servers in other states. You may have heard that the Department of Labor plans to change the rules on tip-pooling. The purpose of this rule change is supposed to even out how front of house and back of house employees are paid. There’s no worry about this in California; however, critics say the rule goes too far, and legalizes what’s currently considered wage theft. There are many ways an employer can commit wage theft. When that happens, you’ll need the help of an expert labor attorney.
Overtime Wage Theft
You can get overtime for additional hours worked over 40 hours in your full-time work week, whether you’re a blue-collar or white-collar worker, and unless you’ve been classified as exempt from the Fair Labor Standards Act. The questions you’ll want to ask include who is exempt, and who is not. In addition, you’ll want to get a breakdown of overtime rules by occupation. Some occupations have different classifications and exemptions.
If you’re an employee of a company, you have rights that give you protection. As an employee, your payroll taxes are paid by your employer, and unemployment insurance as well. However, independent contractors do not get those rights and protections. Independent contractors are also on the hook for their payroll taxes. If you think this kind of wage theft is occurring, you’ll want to find out about your employee classification. Once you know your classification, ask your labor attorney if you should be classified that way.
Minimum Wage Violations
This one may seem obvious, but if you’re being paid less than the highest minimum wage rate for your area, that’s a case of wage theft. There are federal and state minimum wages, and your city might even have minimum wage laws on the books. You’re entitled to the highest applicable minimum wage.
Off the Clock Wage Theft
Work starts as soon as you go into work. If your employer isn’t paying you the time it takes to get into your protective gear, as well as the time you spend cleaning up after the day, that’s a working off the clock form of wage theft. Don’t let your employer get away with this. If you’re being asked to work off the clock, contact your labor attorney right away.
Illegal Deductions from Pay
If your employer is taking unauthorized or illegal deductions from your paycheck, it’s wage theft, in the most literal sense. You should contact your labor attorney right away to get this resolved.
Not Getting Paid at All
Perhaps the most obvious form of wage theft is when you aren’t even paid. If you aren’t paid you need to immediately contact your labor attorney and start recording everything.
If you fear that you’re suffering wage theft, The Law Offices of Cathe L. Caraway-Howard are here to fight for you. Call (310) 488-9020, email, or Fill out the contact form to get started on the path to justice. Cathe L. Caraway-Howard is always “fighting for the little guy”.
Not everyone likes their job. Maybe you dislike your boss or your co-workers. Or maybe you might feel like it is time to move on to a new career, or go back to school. There are many reasons people decide to quit their jobs. But before you give in and tell them you’re ready to go (or where you think they should go), stop! Take a step back and evaluate your situation first. Labor law attorneys agree that a little forethought and planning will save plenty of headaches once you leave. Here are a few things to do before you head out the door for the last time:
Get a Plan Together
Labor law attorneys agree that ‘planning is everything’. Once you quit, there is usually no turning back, according to most employment attorneys. Before you quit your job, look into possible alternatives, such as moving to a different department, or to a different position within the company. These alternatives may provide a better option than just quitting.
Figure out Your Finances
One of the first things you should do before you quit your job is to figure how you plan to pay for all of your expenses. Nothing will ruin a person faster than not having enough money to cover bills and expenses. Nothing is more devastating than losing your place to live because you didn’t plan out how to pay rent before you quit. Because you took the step to quit your job, say labor law attorneys, unemployment is not an option.
Take the time to evaluate your expenses and how much you will earn after you leave your job. Make a budget, and reduce expenses if necessary. If you have substantial savings or a 401K, you may want to speak with a financial advisor to understand your options before you leave.
Update your Resume and LinkedIn Profile
Before you decide it’s time for you to move on, you should make sure you look as good as possible to potential employers. Take the time to update your resume and your LinkedIn profile. If you do not have a LinkedIn profile yet, now is the best time to start one. You can mention your former job in your employment history. However, it’s generally not recommended to add them as a reference, since you took the step to leave. You may also want to consider the implications of leaving their contact details if you left suddenly.
Save your Work Samples and Remove Personal Goods
Before you leave your job, it’s a good idea to gather some of your work samples and examples of your good performance and work history at your current position. If you suddenly quit and walk off your job, they may not let you return to gather much other than personal belongings (if that). Anything to show how your skills and talents helped the company you left will likely be inaccessible.
So labor law attorneys agree that you should gather a few samples of your best work and accomplishments from your former position. Be careful, however, that you do not remove anything proprietary or confidential to the company. This could put you into legal hot water beyond what a labor law attorney may handle.
Leave With Grace and Dignity
One of the worst things you can do is to go out ‘in a blaze of glory’. Although you may have seen videos online of former employees burning their bosses as they step out the door, don’t follow their example. Labor law attorneys agree this is one of the worst things you can do. Even if you think your boss or co-workers really deserve it, making a big deal of your exit from a company is never a good option.
You will certainly ‘burn your bridge’ of ever returning to the company again. But rumors do travel, even between companies. Especially if you make a big deal of your exit. The larger you make your exit, the more people who will see you as ‘that person who quit in a grandiose fashion’. You truly never know where you’ll see any of these people later in life. So employment attorneys always say that the best exit is the graceful one. Keeping your poise and grace intact is always the best option. Let your ‘burn’ be how great your life and career is after leaving your former job.
Get Labor Law Attorneys Involved if Foul Play is Involved
If you are thinking of quitting due to a harassing boss or co-worker, labor lawyers agree that may not be the best thing to do. Workplace harassment is still common, and should not be tolerated by anyone. It is best to contact a lawyer first, and follow through from there. If you feel like you are the subject of harassment in the workplace, you should definitely call an experienced labor law attorney. And the top California employment law attorney you should call is right here, at the Law Offices of Cathe L. Caraway-Howard. With Cathe’s knowledge and experience, her team of expert labor law attorneys can help you get the treatment you deserve. This way, you won’t have to take the more difficult way out.
Have you ever heard of the term “wage theft”? Wage theft is when your employer doesn’t pay you what you deserve, effectively stealing your time from you. You’re suffering from wage theft if you’re earning less than minimum wage for your area. Employers also commit wage theft by forcing you to clock out early even though you’re still working. Finally, if your tips are taken, or you’re not allowed your rest breaks, you’ve been a victim of wage theft. If you think this happened to you, contact a California employee rights lawyer right away.
It can be a challenge getting these stolen wages back without a good labor attorney on your side. According to a UCLA study, In Los Angeles alone, workers lose $26.2 million. That’s a lot of money!
So Why is Wage Theft so Rampant?
You’ll find a lot of different reasons wage theft happens. Despite all of California’s strong labor laws, there isn’t a lot of enforcement when it comes to wage theft. The process for fighting wage theft can sometimes take long enough for the business to shut down or change ownership, leaving victims with nobody to collect damages from. The UCLA Labor Center went through wage claim info from 2008-2011. They found that most companies that had a ruling against them ultimately never pay back the wages. 83 percent of workers who have court-ordered claims to receive their unpaid wages never get them. Even with a labor attorney, it can be a frustrating path, and many workers don’t try to fight it. The workers most affected by wage theft are the most vulnerable. The people who need their job the most, and can’t afford to put it in danger are often too afraid to seek the justice they deserve.
Who Does Wage Theft Affect?
Workers suffering from wage theft aren’t the only people affected by it. While it’s true that wage theft can be back breaking for the worker and their family, consumers and taxpayers are affected by wage theft too. When a family can’t make ends meet because of wage theft, they have to turn to public assistance programs, and strain the system. And finally, when there’s less wages, there’s less taxes, which results in less money for important programs.
Consider the stories of the 11 workers at a bakery in West Los Angeles. These workers were paid only two dollars an hour for two years. Some of them were made to work 17 hours a day. There’s also the story of Heriberto Zamora. Zamora worked for Urasawa, a Beverly Hills sushi restaurant. Even though he was working 60 hours a week with 12-14-hour shifts, he wasn’t receiving overtime. Finally, after an eight-hour shift, he asked to go home because he was sick, and his boss fired him on the spot. Zamora won a judgment from the California Labor Commissioner that ordered his employer to pay more than $38,000, but they didn’t. It wasn’t until the Koreatown Immigrant Workers Alliance went to bat for him that he finally got the money he was owed.
So, how do We Stop Wage Theft?
On the local level, When the Los Angeles City Council raised minimum wage to $15 per hour, they also voted to establish their Office of Wage Standards. The Office of Wage Standards enforces wage and hour violations. They’re not the only city that’s done this. Of the many cities in California that have raised their minimum wages, most of them have put wage theft enforcement offices in place as well.
In addition to these local steps, California passed SB 588 at the state level. SB 588 created new tools the California Labor Commissioner can use to collect for workers. These tools, and a strong labor attorney, greatly improve your chances of getting justice.
If you think you’ve been a victim of wage theft, or any other violation of labor law, The Law Offices of Cathe L. Caraway-Howard will fight for you. Call (310) 488-9020, email, or use our contact form to schedule your consultation today.
Did you sign a non-compete agreement when you were hired? You should probably have an employment lawyer verify if it actually applies or not. Lots of people think that the protections given by California Labor Code section 925 apply to everyone. However, section 925 went into effect January 1, 2017. Section 925 forbids employers requiring that Californian employees agree to “foreign choice-of-forum” and “choice-of-law” agreements as a condition of unemployment. Your California labor attorney should be familiar with the case law on this subject.
Why Did We Need This?
California’s Business and Professions Code section 16600 says that “every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void.” They enacted this to make sure you can work in your profession, even when you stop working with a particular company.
Historically, California has usually enforced section 16600 very strongly. Employers from other states usually couldn’t get around the rule. Sometimes however, they used “choice-of-law” portions in their non-compete contracts.
A good example of a choice-of-law provisions failing is Arkley v. Aon Risk Services Companies, Inc. Aon Risk Services Companies, Inc. is an Illinois based company, and they made employees sign non-compete agreements with that choice-of-law provision. In Illinois, non-compete agreements are enforceable. The Central District of California however, found that California law should apply over Illinois law in the state of California. The reason for this was California’s “materially greater interest” to protect California residents with their own laws.
How Can Employers Get Around Section 16600?
There have been a few recent cases that got around these protections. An employment lawyer can tell you about cases like the one with Synthes, a medical device company. Synthes tried to enforce the non-compete agreement against Peter Harrison, a former employee living in California. Harrison signed an agreement that had both choice-of-law and choice-of venue provisions. When Harrison went to work with a competitor, he filed a declaratory judgment action in the Eastern District of California. Synthes followed up by filing a breach of contract claim in Pennsylvania courts.
The California Court Dismissed Harrison’s action in favor of the action Synthes filed. After appeal and remand, Harrison got an injunction from the Pennsylvania Trial Court.
Another case, also involving Synthes, played out in April of 2017. Another California employee, Gregory Knapp, went to work with a competitor in California. Even though he filed a declaratory judgment action right after resigning, the Eastern District didn’t exercise jurisdiction, and let the case be held in the Eastern district of Pennsylvania. The case transferred to the Eastern District of California, but the Pennsylvania choice-of-law rules still apply.
Enter California Labor Code Section 925
Because of this unfair “loophole” California is taking measures to close it. Because section 295 forbids employers from requiring employees who primarily live and work in California to agree on foreign choice-of-forum and choice-of-law provisions, it deems these kinds of provisions voidable by the employee. Section 925 also provides for the fees of hiring an employment lawyer to enforce your rights under this statute.
So, Am I Safe?
Because section 925 only applies to contracts entered into or modified after January 1, 2017, you should talk to your employment lawyer. The Synthes opinions did not consider this new statute because they were not entered or modified after January 1st. It’s also important to note that there haven’t yet been any cases where a court invalidated the forum-selection clause under section 925.
As always, if you have any questions you should contact an employment lawyer to discuss your individual circumstances. The Law Offices of Cathe L. Caraway-Howard have been fighting for the little guy since 2009. Cathe makes sure average American’s rights are protected everyday. You can call (310) 488-9020, email email@example.com, or fill out our contact form to schedule a consultation.
Chances are, you’re familiar with overtime pay – the mandated time-and-a-half compensation you earn for putting in long extra hours. Overtime rules are often the reason people look to labor law attorneys for employment dispute advice. Do you know the history behind overtime rules, and how they can affect you today?
Thank President Roosevelt for Your Overtime
President Roosevelt signed the Fair Labor Standards act into law in 1938. In addition to overtime rules, this law also sets the federal minimum wage and rules on child labor. However, members of our congress are ready to change the rules. First, you should understand a bit about the way the overtime rules work today. You might find you need employment dispute advice.
Overtime Pay is the Law Right Now
The law, which has been in place for over 79 years now, says that certain employees must be paid time-and-a-half for any hours worked over a standard 40-hour workweek. However, these rules don’t apply to workers that are considered managers or other “exempt” salaried employees. A manager is someone who normally directs two or more full-time employees. Additionally, they must be paid a salary of more than $455 a week, and they must get to give input on hiring and firing.
States Can Have Their Own Overtime Rules Too
Lots of states use their own overtime rules. When this happens, whichever rule pays the employee more is the one that matters. If the federal rules in the Fair Labor Standards pay more, then they’re setting the minimum.
Our own state of California makes a great example. You earn overtime pay not only if you work more than 40 hours in a week, but also when you work more than 8 hours in a day. If you’re working more than 8 hours in a day, but less than 40 hours in a week and not getting your overtime pay, you should look for employment law advice.
Some People want Changes
A bill called “The Working Families Flexibility Act” just passed the House recently. This bill would let employers offer paid time off (PTO) instead of overtime pay. If you accept, you’d be given an hour and a half of PTO for every hour of overtime you work.
Proponents of the bill argue that this bill would give employees more choices. If you want the comp time you can take it, and if you need the overtime pay you can still use that. Rep. Martha Roby of Alabama, who sponsored the bill said, “We can update our laws to allow more choice and fairness in how employees use their time.”
Opponents of the bill however, argue that employers will be able to find subtle ways to encourage employees to take comp time over extra pay. Additionally, these opponents say that because employers choose when you can use your comp time, they can defer paying for overtime until the end of the year.
Many similar bills have failed over the past two decades. Finally, a similar bill passed the House in 2013, then died in the Senate.
And Some People Want to Expand Overtime Rules
In May of 2016, President Obama asked the Department of Labor to update and modernize overtime rules. The Department of Labor raised the salary requirement for overtime pay to $47,476 a year, or $913 a week. This would be about double what the rule says right now.
The new rule was going to go into effect December 1, 2016, however in November, a federal judge gave an injunction after business groups as well as 21 different states sued, which puts the change off indefinitely. It does not look likely that the Department of Labor will continue to defend the new rules.
Do You Need Employment Dispute Advice?
The Law Offices of Cathe L. Caraway-Howard have experience with California Employment Laws since 1989. If you’re looking for employment dispute advice or representation, Cathe Caraway-Howard’s highly trained and experienced team will fight for you.
Ask any labor lawyer– safety in the workplace is no joke. Employers have a responsibility to protect their employees from safety and health issues while at work. Workers also have the right to know about possible hazards and not be forced to perform work that they believe is harmful or dangerous.
Of course, there are potential safety issues in every workplace. According to top California employment lawyers, some safety issues are more of a danger than others. Some are more easily correctable than others. However, if you do notice a potential safety issue, the first thing you should do is inform your superior (supervisor or manager) of the issue. Some states require you to give written notice to the employer, while others will allow a verbal notice. If they are unable (or unwilling) to correct the issue, you should file a complaint with the Occupational Safety and Health Administration.
How Did OSHA come about?
President Nixon established the Occupational Safety and Health Administration (OSHA) on December 29, 1970. His signature on the Occupational Safety and Health Act of 1970 created a new branch of the Department of Labor. This new branch’s purpose and mission has always been to “assure the safety and health of America’s workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.”
Gather your Evidence Before you Contact OSHA
Before you report OSHA, this employment lawyer suggests being absolutely sure you have all the information necessary to make a full report of the safety issue. You’ll need the business name, address (a district and corporate address as well, if they have one) and phone number. You will also need the name and title of your manager or superior. Finally, you’ll need a description of the type of business, as well as the type of work you perform for the business.
Next, you need to get an accurate description of the safety issue. Describe the safety issue in as much detail as you can. You’ll want to gather the following information:
- The specific location of the issue. It is important to be as specific as possible, especially in large work spaces.
- What tasks workers perform in an around the location. These tasks do not have to relate to the safety issue. However, if workers perform these tasks near the safety issue, the safety issue may harm them as well.
- The number of workers who may be exposed to or affected by the safety issue.
- Whether any workers have already suffered problems or injuries resulting in medical treatment.
- How long the safety issue has existed, and how long you believe the issue will continue to exist.
- Any references or witnesses who know about the safety issue, and their contact information. A brief statement from them is generally helpful as well.
Employment lawyers and other labor law attorneys agree that you should make sure to have everything documented first, before completing the form.
Completing the OSHA Complaint Form
In recent years, OSHA has made great strides to ensure that filing a complaint is as easy as possible for workers. Over the years, OSHA has adapted to new technology for a changing world. Today, you can go to the website of the California Division of OSHA (Cal-OSHA) to their online complaint form and complete all the necessary paperwork online. You can also call your local OSHA Area Office to discuss your safety issue or answer any questions you may have.
A Word About Retaliation
Every state has its own laws in regards to retaliation by an employer. However, they all are similar in that they prohibit actions that affect an employee’s hours or wages from adverse actions. Some of those actions a labor lawyer would consider retaliation include being fired, laid off, demoted, or disciplined, or by denying benefits, overtime, or even a promotion. In California, Labor Code sections 6310 and 6311 specifically allow workers to:
- File complaints about safety or health conditions or practices;
- Institute any proceeding related to their rights to safe and healthful working conditions or testifying in any such proceedings;
- Participate in an occupational health and safety committee; or
- Refuse to perform work where the worker believes that an occupational safety or health standard, or any safety order would be violated and the violation would create a real and apparent hazard to the employee or his or her co-workers.
If you believe your employer is retaliating against you due to a complaint you filed, a qualified labor attorney can help. Depending on the situation, the labor lawyer can help you file a retaliation complaint with the Labor Commissioner, also known as the Division of Labor Standards Enforcement (DLSE) or the National Labor Relations Board (NLRB).
For the Best Results, Get a Labor Lawyer to help
Safety hazards are never easy to tackle alone. The larger the organization, the more difficult it feels to file a safety complaint against them. This is especially true if your employer decides to retaliate against you. That’s why it’s always important to have the services of a qualified labor lawyer on your side. With the skilled help of an experienced California employment lawyer like the Law Offices of Cathe L. Caraway-Howard, you need not fear even the most threatening of situations. After all, when it’s not only your own health and safety on the line but that of others you know and care about, you need to fight to make sure no future employee suffers a similar fate.
You’ve probably heard the term “Right to Work” recently. The ideas behind right to work laws have been in the news, on political ads, and seem to be gaining support. But do you know what right to work means? It might feel like you have to be a labor lawyer to understand what these employment laws are about.
On this page, you’ll receive a breakdown of what the right to work law means, and what it does. Even if you’re in California with strong employment laws, federal right to work laws could affect you.
What is a Right to Work Law?
Right to work laws are employment laws regarding unionization. If you’re in a state like California, a company’s union might require you to join as a condition of employment. This means you’ll have to pay dues, and your union will bargain for you. In states with right to work laws you cannot be required to join your union, or pay dues to your union. However, those unions will still have to bargain for you.
Organized labor argues that because you’re receiving the benefits of union membership, you should be expected to help pay for the costs of bargaining. Proponents of Right to work laws say these laws just ensure that you have the freedom to make your own choices.
How Can Right to Work Laws Affect Me
There are many instances where you may be affected by right to work laws. When you’re being hired, if you have right to work laws in your state, you don’t have to join a union. However, if your new employer has a union contract, you can still enjoy the benefits of that contract without paying any fees to your union. Opponents of right to work laws say that this will harm the overall power of unions.
If your coworkers are trying to organize a union, or negotiate a new union contract, right to work laws matter. Because the negotiation must cover all the workers, even if you’re not a member or paying fees, you’ll probably find fewer members and even less funds for the unions.
So, are Right to Work Laws Anti-Union?
This depends on who you talk to. Most employment rights and labor groups oppose right to work laws, arguing that these employment laws result in weaker unions and fewer workplace protections. What do you think about right to work laws? Tell the Law Offices of Cathe L. Caraway-Howard on their Facebook page. If you have any question about California employment laws, or you have a dispute with your employer, Contact Cathe L. Caraway-Howard at (310) 488-9020. You can count on decades of experience to fight for your employee rights.
Whether you’re an employee or an employer, it’s important to know how California employment laws will affect you. You should always contact a labor attorney like Cathe L. Caraway-Howard if you have any specific questions. That said, it’s always good if you have an idea of what’s coming up regarding California employment laws. 2017 is already shaping up to be a big year when it comes to your rights in the workplace. The California State Legislature has already introduced these 5 bills.
Assembly Members Lorena Gonzalez and Ash Kalra introduced The Opportunity to Work Act, or A.B. 5. Gonzalez said during the press release for this bill, “Even as we’ve won increases in the minimum wage to help part-time workers, that just won’t cut it if you can’t get enough hours of work…The Opportunity to Work Act will provide a boost to the millions of workers in California who want to work more so they can afford the necessities of life and to take care of themselves and their families in a time when housing costs, student debt, and surprise expenses are increasingly difficult to manage.”
According to that press release, this piece to the puzzle of California employment laws makes sure that companies with 10 or more employees must offer more hours to existing part-time employees before hiring. They must have an employee that is qualified to do the job. This is great news if you’re one of the 1 million Californians that involuntarily have your hours limited.
This bill, introduced by Susan Eggman, D-Stockton, applies to your salary history. The goal of this bill is to prevent employers for asking about your salary history during your interview. Additionally, this bill requires your potential employers to give you the pay scale for the job you’re applying for.
During this bill’s press release, Eggman said “Using Salary History to determine compensation perpetuates a system that pays women less than their male counterparts.”
Senator Bill Dodd (D-Napa) Introduced this bill. This bill’s goal is to make sure consumers who’ve been defrauded can sue, even if they signed an arbitration agreement. Arbitration agreements mean if you have a dispute with someone with whom you’ve signed a contract, you must use binding arbitration instead of suing them in court.
During the press release for SB-33, Senator Dodd said, “It’s unacceptable for consumers to be blocked from our public courts to recover damages for fraud and identity theft. Allowing victims their day in court not only allows them to recover, it can prevent more victims by putting an end to illegal business practices.” He added, “With Quick Federal Action on this issue unlikely, it’s critical that California lead the nation to prevent these abuses.
Wells Fargo Bank employees used customers’ personal identification to create more than two million new accounts without consent. These fraudulent accounts caused the victims, who didn’t even know about these accounts millions of dollars of fees. Many of these victims tried to sue to recover their damages.
Wells Fargo however, had a response. They argued that customers had waived their right to sue. As such, this should be handled through arbitration. The courts upheld that argument. Wells Fargo has received over $150 million in regulatory fines Since this information came out. While this bill doesn’t directly address employment, it would affect any employment agreement with an arbitration waiver.
Senator Jackson (D-Santa Barbara) put this bill forward. The purpose of this bill is to expand which family members you can take protected leave to care for. Under this bill, you can take 12 weeks of leave, while protecting your job, to care for your grandparents, grandchildren, siblings, in-laws, or your adult children. The bill applies only to employers who have 50 or more employees.
This bill, and the next one on the list are being similar bills to other bills Jackson had authored that were vetoed by Governor Jerry Brown. During the press release, Jackson said “I look forward to continuing to work with the Governor to reach an agreement on these important issues.”
In addition to S.B. 62, Senator Jackson also introduced S.B. 63, or the New Parent Leave Act. S.B. 63 expands the amount of job-protected parental leave, both maternity and paternity leave, for new parents who work at smaller businesses. If congress passes this law, you’ll get 12 weeks of job-protected “Parental Leave” as long as your company has 20-49 employees. Under today’s law, only employers with 50 employees or more must provide job-protected leave.
At the press release, Jackson said, “Any new parent knows that the birth of a new baby comes with a host of changes and challenges. But losing a job should never be among those challenges. The same must be said of the impacts of serious illness of an extended family member. It simply is not right that far too many Californians who already pay into and are eligible for Paid Family Leave benefits fear that if they utilize these benefits they will lose their jobs.”
What do you think about these upcoming California employment laws? Tell the Law Offices of Cathe L. Caraway-Howard on Facebook. If you have a dispute with your employer, the Law Office of Cathe L. Caraway-Howard are ready to fight for you. Call us at (310) 488-9020 to schedule a consultation.