Discrimination

Expansion of the California Equal Pay Act

Expansion of the California Equal Pay Act

In 2017 California enacted several amendments to Labor Code section 1197.5, which resulted in significant expansion of the California Equal Pay Act. While the old law prohibited wage disparity between employees of the opposite sex, under the new law, the protections have been expanded to prevent a wage disparity between employees who are of a different race or ethnicity.

In deciding to expand the protections of Equal Pay Act, the California legislature found that ...

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Employment Law Updates

The Healthy Workplaces Healthy Families Act 2014

The Healthy Workplaces Healthy Families Act of 2014 went into effect on July 1, 2015. Under the new law, California employers are now required to provide paid sick days to certain employees.  Paid sick time accrues at a minimum rate of one hour of paid sick time for every 30 hours worked. Employees are entitled to use accrued sick days beginning on the 90th day of employment. Accrued paid sick days will carry over to the following year of ...

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California Says Cheerleaders are Employees

California recently enacted a new law requiring all California professional baseball, basketball, football, ice hockey, or soccer teams to classify cheerleaders as employees and not independent contractors. 

Existing California and Federal employment laws prescribe comprehensive requirements relating to minimum wages, overtime compensation and standards for working conditions applicable to an employment relationship. Existing laws require employers to make specified payments and withholdings from wages and provide detailed wage statements to employees reflecting all payments and deductions. Existing laws ...

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Supreme Court rules against Abercrombie

The United States Supreme Court rules against Abercrombie & Fitch in a case of religious discrimination. 

Abercrombie & Fitch Stores, Inc., operates several lines of clothing stores, each with its own “style.” Consistent with the image Abercrombie seeks to project for each store, the company imposes a Look Policy that governs its employees’ dress. Abercrombie’s Look Policy prohibits employees from wearing “caps” as too informal for Abercrombie’s desired image. Samantha Elauf is a practicing Muslim woman who wears a headscarf ...

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Court upholds $60,000 award to victim of sexual harassment wrongful termination

Sexual harassment Wrongful termination

Plaintiff Esther Kim was hired in 2006 to work as an account manager, processing phone and email orders for defendant, Konad USA Distribution, Inc. From 2007 to 2010 Kim was subjected to numerous incidents of sexual harassment by her boss Dong Whang. Kim was terminated in 2010.  Following her termination, Kim filed a lawsuit against her employer for, among other things, sexual harassment and wrongful termination.

Following trial, the court awarded plaintiff Esther Kim $60,000 in damages against her former employer and ...

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Summary of California's Equal Pay Act

An Employee’s Right to Equal Pay

California and Federal laws generally prohibit an employer from paying its employees less than the rates paid to employees of the opposite sex. This applies when the employees’ jobs require substantially similar work, when considering their skill, effort, and responsibility, and are performed under similar working conditions. (Cal. Labor Code section 1197.5.) As an example, an employer would not be permitted to pay a female secretary less than a male secretary working in the same office ...

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