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A partir de enero de 2023, empleadores con 15 o más empleados deben anunciar las escalas salariales para un puesto en cualquier publicación de trabajo. La “escala de pago” se define como “el rango de salario o salario por hora que el empleador razonablemente espera pagar por el puesto”. Sin embargo, esto no incluye otros tipos de compensación como los beneficios. Los empleadores estarán obligados a cumplir con esta ley incluso cuando utilice anunciantes de terceros. Esto significa que los empleadores tendrán que proporcionar las mismas divulgaciones de escala salarial cuando utilicen empresas de contratación y publicidad como LinkedIn, Craigslist o empresas de personal. 

Adicionalmente, empleadores van a tener la obligación de mantener archivos de los títulos de trabajo y historia de salarios para cada empleado durante la duración del empleo más tres años. Estos archivos deben estar disponibles para su inspección por parte del Comisionado Laboral. 

Esta ley fue aprobada con la intención de cerrar diferencia de pago que existe actualmente para los grupos marginados. Si cree que su empleador le está pagando menos que sus compañeros de trabajo debido a su raza o género, comuníquese con nuestra oficina para una consulta

Workplace sexual harassment refers to many phrases, words, and actions that might cause an employee to feel worried, upset, or frightened to the extent that it impacts their working conditions and ability to perform their job as they should. It can often lead to distress or illness and can affect a victim’s day-to-day life.

Sexual harassment doesn’t have to be directly sexual in nature. It can also come in the form of intimidating or offensive comments or teasing based on stereotypes, such as those about how certain people are or should act or bullying an individual or a group of people because of their sex, or gender identity (woman, man, trans, intersex, non-binary), or sexual orientation (straight, queer, bisexual, gay, lesbian, pansexual, asexual, two-spirit).

Sexual harassment can also be about sex and something else, such as race or ethnicity. For instance, a woman of color might experience workplace harassment differently from a white female coworker. A woman of color might be the target of abusive or hostile behavior due to the combination of her sex and race or ethnicity.

Sexual harassment in the workplace usually falls into one of two categories: quid pro quo or hostile work environment. Both are illegal under state and federal laws. 

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Quid Pro Quo

Quid pro quo is Latin for “something for something.” This type of sexual harassment involves a supervisor, manager, or another superior requesting sexual acts or favors in return for the employee’s continued employment, a raise, a promotion, or some other type of benefit. 

Hostile Work Environment

The other category of workplace sexual harassment is a hostile work environment. When most people hear the word hostile, they probably think of aggressiveness or anger. Unfortunately, people you work with can treat others poorly, but it doesn’t count as a hostile work environment. For the purposes of the law and in terms of sexual harassment, a hostile work environment is one in which sexual harassment permeates the work atmosphere.

Under the law, the harassment must target certain employees, such as those of a specific gender, race, religion, or sexual orientation. Other people can be rude to you at work, but as long as their behaviors do not target these qualities, in particular, it’s not generally breaking the law. You should also note that isolated incidents or petty slights aren’t enough to fulfill the legal definition of a hostile work environment. Instead, the behavior must be ongoing or highly offensive one-time occurrences.

To be a hostile work environment, sexual harassment must be so severe and pervasive that it impacts your ability to complete your work duties. The other party’s behaviors must go beyond just offensive to objectively abusive. The harasser doesn’t have to be a supervisor or someone above you.

Anyone in the workplace can harass you, including:

• Supervisors and managers
• Coworkers
• Customers or clients
• Others doing business in the building, such as a delivery driver

The person harassed isn’t the only victim; anyone in the workplace can be affected by the harasser’s conduct, which will qualify as creating a hostile work environment.

To determine if the conduct is severe or pervasive enough to create a hostile work environment, courts as:

• How often did the offensive behavior happen?
• Was the conduct directed towards someone due to their status (gender or sexual orientation)?
• What type of behavior was it?
• Will a reasonable person agree that the work environment is hostile based on the harasser’s behavior?

Signs of a Hostile Work Environment

If you suspect your work environment has become hostile, there are some signs you can watch for. Some examples of sexually offensive conduct that can create a hostile work environment include:

• Displaying or sharing offensive pictures, texts, or other messages
• Threatening or intimidating behaviors
• Physical assaults or unwanted touching
• Requests for sexual favors
• Physically blocking a person’s movements or standing in their way.
• Brushing up against another person, even if the person makes it seem accidental
• Staring or looking at another person’s body up and down
• Following someone around or paying them excessive attention
• Insulting comments about someone’s sexual orientation or gender identity or inquiring about someone’s sexual orientation
• Sexually offensive remarks, gestures, or facial expressions
• Lewd jokes or telling stories about sexual experiences—this doesn’t have to be directed at you but done in front of you to make you uncomfortable.
• Inappropriate and suggestive touching, rubbing, kissing, or caressing a person’s body or clothing.
• Suggestive or unwanted lewd letters, emails, or other communications or sharing images of a sexual nature in the workplace
• Displaying items, posters, or screensavers of a sexual nature
• Repeatedly asking for dates despite being turned down.

Remember that hostile work environment behaviors must be offensive to a reasonable person. Behaviors like this may present in different ways in real-time interactions. If you are experiencing hostile behaviors, it’s crucial to recognize when they occur and document them.

These are only a few examples, and many others exist. If you believe you are experiencing workplace sexual harassment, you must speak with an experienced employment attorney to discuss your specific situation, legal rights, and options.

What to Do if You Experience a Hostile Work Environment

If you or someone you know was subject to a hostile work environment, you have the right to take action. You may be afraid or worried about reporting workplace sexual harassment or taking other actions to get it to stop. However, you have to do what is right for you in the situation, and only you can be the judge of that. You have many legal protections, and you may want to discuss the circumstances with a seasoned employment lawyer before moving forward. Even still, here are your options in dealing with workplace sexual harassment. 

Ask the Harasser to Stop

If you feel comfortable doing so, you can ask the person, either verbally or in writing, such as an email, text message, or letter, to stop their harassing behaviors. If you make the request in writing, keep copies for yourself as proof that you asked them to stop. If you tell them in person, you may want a trusted coworker to accompany you as a witness and for moral support. 

Keep Detailed Records

If you don’t feel comfortable approaching the harasser or the behavior continues, be sure you keep detailed notes and records about their conduct. Keeping these records in a safe, non-work-related place, such as your personal email account, journal, or cell phone, is best.

Document what the harasser says or does, where they do it, if they direct it towards anyone or any specific group of people, if there are witnesses present, and any other essential details. Being as descriptive and detailed as possible can help. Since later other parties might read your documentation as a part of an investigation, you should do your best to document the facts and be as objective as you can.

Suppose you receive texts, emails, or pictures from the harasser. In that case, save those in your files too. If you speak to a supervisor or human resources, document those meetings and their details as well.

Research Your Employer’s Policies and Complaints Process

Find your employee handbook or manual. The law requires your employer to have policies and procedures in place to deal with workplace sexual harassment. If you can’t find a copy or aren’t sure if it’s up to date, request a new one from your human resources department or manager. You should find the applicable policies or documents with others that mention discrimination or harassment. Ask your human resources department or employee relations if you can’t locate this information. 

Make a Report to Your Supervisor

It’s generally best to report sexual harassment within the workplace internally first. Usually, your supervisor is the person to start with. If your supervisor is the harasser or has done nothing about your experiences, go to their boss or human resources.

You can make your report verbally or in writing. Most attorneys recommend making it in writing so that you have a record of your report. If you decide to do it verbally, try to have a witness present and take notes about what each party said. You can then send a follow-up email to the person you made the report to that reviews what you said and what they said they planned to do next.

You should also be aware that you have the right to report sexual harassment anonymously. For example, some companies have an anonymous tip line for employees to call about these matters or an Ombudsman you can make a complaint with. In addition, some third-party services help employees make anonymous harassment complaints to their employers. However, be aware that if you decide to make an anonymous report and don’t give enough detailed information about who the harasser is or what is going on and when your employer may not have enough information to do anything about it. 

Your Employer is Prohibited From Retaliating Against You

You should also file a complaint if your employer retaliates against you for reporting sexual harassment.

Retaliation can include actions such as:

• Firing you
• Demoting you
• Reducing or changing your hours or shifts
• Reducing your pay
• Making your job more difficult for you in other ways

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Experiencing any kind of workplace sexual harassment can be extremely degrading, concerning, and overwhelming. You must make several decisions, none of which are very pleasant. You might be worried about your safety or retaliation at work if you make a report or even the safety of or retaliation against a coworker.

No one should have to tolerate sexual harassment or a hostile work environment. Find an employment attorney who will stand up for you.

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The WARN Act Ensures Employees Have Advance Notice In Cases of Plant Closings, Mass Layoffs, and Relocation

During a recession, layoffs are inevitable. It is not only fair to give employees substantial notice, but also the law. The law requires employers to comply with labor codes such as the WARN Act before laying off employees. If you are an employee who has been laid off, you may be eligible to receive back pay as well as the cost of any benefits you would have been entitled to and medical expenses incurred that would have been covered under the employee benefit plan.

What Is The WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings, mass layoffs, and relocations. WARN protects employees, their families, and communities by requiring employers to give advance notice to the affected employees and both state and local representatives before a plant closing or mass layoff. Advance notice provides employees and their families time to transition and adjust to the potential loss of employment, time to seek alternative jobs and, if necessary, time to obtain skills training or retraining to successfully compete in the job market.

Employees File Lawsuits Against Twitter And Other Companies For Violating The WARN Act

Former employees of Twitter filed class-action lawsuits against the company claiming Twitter violated the WARN Act when it laid off 50% of its workforce. Twitter isn’t the only company undergoing mass layoffs. So far in 2022, there have been nearly 140,000 people laid off from various tech companies. In California alone, 312 tech companies laid off employees in 2022.1 In November alone, Amazon laid off 10,000 people, Meta, the parent company of Facebook, laid off 11,000 employees, and Carvana laid off 1,500 workers.

United Furniture Sued For Violating The Warn Act After Laying Off All Of Its Employees

United Furniture Industries Inc. has employees in multiple states, including California. Court documents say United Furniture notified its employees via email and text messages that it was terminating all of its employees effective immediately. The new lawsuit alleges that United Furniture Industries violated the federal WARN Act. The California plaintiffs said, “most employees were not paid for their final week … and no employees were paid for their accrued paid time off.” Besides the WARN Act, the California plaintiffs claim United violated two California labor codes.3

Does My Employer Have To Comply With The WARN Act?

Many factors determine whether your company is required to comply with the WARN Act such as the total number of employees, location, and length of time you were employed. The WARN Act makes certain exceptions to the requirements when employers can show that layoffs or worksite closings occur due to faltering companies, unforeseen business circumstances, and natural disasters. However, even during a pandemic such as Covid-19, the WARN Act applies.

It is important to consult an employment law attorney that represents employees in your state because there are different requirements based on the location of your employer. Along with the federal WARN Act, which covers employees throughout the country, there are state, and city-level WARN Acts. For

example, in San Diego County, an employer must provide notice to the San Diego Workforce Partnership, which is the local Workforce Development Board for the region.4

What Is The Difference Between The California WARN Act And The Federal WARN Act?

California’s version of the WARN Act is broader in scope than the federal WARN Act. California employers must comply with the requirements of both laws in addition to any city-level requirements.

Are Layoffs Due To COVID-19 Covered By The WARN Act?

Yes, under certain circumstances. It is best to consult an attorney regarding your specific employment situation. Short-term layoffs, temporary layoffs, or furloughs that last longer than six months or that are later extended to last longer than originally contemplated are expressly addressed by the WARN Act and regulations. The layoff can be treated as an employment loss and may violate the WARN Act unless it meets the exceptions.5

What Role Does the U.S. Department of Labor Provide?

The role of the U.S. Department of Labor is limited to providing guidance and information about the WARN Act; such guidance is not binding on courts and does not replace the advice of an attorney.

What Should I Do If I Have Been Laid Off Without Notice?

Call Haeggquist & Eck if you have been laid off and want to determine if you might be eligible for compensation for violation of your employment rights.

Resources:

1. Layoffs.fyi

2. Forbes

3. Winston Salem Journal

4. San Diego Workforce Partnership

5. Department of Labor

There are many common sexual harassment scenarios that can happen at work. Over a recent three-year period, the U.S. Equal Employment Opportunity Commission (EEOC) received 98,411 complaints alleging harassment of any kind and 27,291 specifically alleging sexual harassment. Sexual harassment charges accounted for more than one-third of all charges made to the EEOC during this timeframe. Despite more training and workplace campaigns, workplace sexual harassment continues in every state in America today.

All employees, no matter their location, jobs, positions, backgrounds, or place of employment, need to know what sexual harassment is, its consequences and why it’s unacceptable. Employees should know where they can report sexual harassment and what steps the employer should take when they do. They also need to know the consequences of sexually harassing a coworker in the workplace. Those who are victims have the right to hire a workplace sexual harassment attorney for help.

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Types of Sexual Harassment at Work

Every sexual harassment case is different, making it difficult to recognize when you are a victim. The two main types of sexual harassment are hostile work environment harassment and quid pro quo harassment.

Hostile work environment harassment occurs when someone in the workplace engages in harassing conduct that is pervasive or offensive enough to make the workplace hostile to the victim. If a reasonable person should not tolerate the environment and conduct, it can constitute unlawful harassment.

A more malicious type of workplace sexual harassment is quid pro quo. With this type of sexual harassment, one person feels pressure to perform or tolerate a sexual act or favor to retain their job or receive a promotion. The harasser is someone who has authority over the victim’s job and uses this authority to pressure the victim into sexual conduct.

Sexual harassment can arise in many different scenarios, and we describe some possible situations below. Victims or harassers can be men, women, same-sex employees, contractors, or others involved with your work. If you suspect you experienced any type of sexual harassment, seek a legal consultation immediately.

Examples of Workplace Sexual Harassment

The following are some examples of how sexual harassment can happen at work. If you have a different situation, let an employment lawyer review what happened and advise you of your rights in your specific situation.

Scenario 1: Direct and Hostile Workplace Sexual Harassment

Hilaria works at a clothing factory in San Francisco. Bill, her supervisor, frequently attempts to touch her under pretext. For instance, last week, he tried to touch the upper area of her chest under the guise that he saw a bug. This week, he attempted to hold her waist. Hilaria is uncomfortable with his action, and her factory colleagues mock her for their supervisor’s special attention.

The physical touching by Bill is an unwelcome regular occurrence. The pervasiveness of the touching makes her want to stay home from work. She reported the matter to the owner of the company, who defended the supervisor and took no action to change his behavior. This constitutes a hostile work environment, and she likely has a strong sexual harassment claim.

Scenario 2: Female to Male Sexual Harassment

Marty and Marlene work at the same organization. Marlene can’t stop looking at Marty all day. She really has eyes for him, and everyone can clearly tell. Every time Marty gets up to go to the break room, Marlene gets up and follows him so they can be alone. When alone, she asks probing questions about his personal life and attempts to make plans outside of work with him. Marty isn’t interested in Marlene’s advances at all. Her behavior becomes intolerable for him as he feels Marlene is invading his workspace.

Sexual harassment isn’t just limited to female victims and male harassers. Many people associate sexual harassment with a male employee making advances on a female, but this is not always the case. A victim can be anyone, so never wait to seek legal help even if you feel you are not a traditional victim of harassment.

Scenario 3: Quid Pro Quo Sexual Harassment

Tammy has recently started working as a personal assistant to the managing director, Brett. Near the end of her probation period, Brett asks Tammy out for a drink after work. He then tells her that if she wants a permanent position with the company, she needs to have sex with him. Tammy refuses but knows that if she wants to stay employed at the firm, she must comply with Bretts’s demand. She reports Brett’s inappropriate request to the firm’s human resources department.

Because this constitutes quid pro quo harassment, the employer can be liable even if it did not have an opportunity to stop the conduct.

Scenario 4: Non-Co-Worker Workplace Sexual Harassment

Jackie and Adam meet at a work convention. They don’t work for the same company but collaborate on projects in the same industry. They exchange emails so they can communicate regarding shared assignments. After a few emails, Adam quickly changes the subject from work to compliments. He tells Jackie about how attractive and good-looking she is. She tries to bring the subject back to work-related questions. Still, Adam continues sending Jackie emails daily, professing how in love he is with her.

Jackie informs her supervisor, who then reaches out to Adam’s supervisor to inform him. She tells him that employees should refrain from making inappropriate comments and advances that make another professional uncomfortable, even if they don’t share the same workplace. If the harassment continues and the employer refuses to change Jackie’s collaborative work with her harasser, she can take action for sexual harassment.

Scenario 5: Direct Sexual Harassment

Kendra, a female receptionist, sees Curt, a male local delivery driver, every other day when he delivers packages to her office. She simply does her job by receiving and signing the deliveries, but Curt keeps asking her out and trying to flirt with her. Kendra respectfully declines and politely tells Curt that she isn’t interested. Curt is persistent and proceeds to visit her and brings her gifts and flowers in hopes she will change her mind. However, Kendra remains uninterested.

In this scenario, the receptionist said she wasn’t interested in Curt. The driver’s repeated advances can be sexual harassment if she reports this incident to the human resources department or her supervisor. The HR department or her superior can speak with the driver and explain that his advances are unwelcome and make Kendra feel uncomfortable. If the department takes inadequate action, it violates Kendra’s right to be free of harassment at work.

Scenario 6: General Hostile Workplace Sexual Harassment

A team of unruly employees at work often makes crude or inappropriate statements and jokes that other employees can overhear in the same department. Other employees feel uncomfortable and shaken by the behavior and comments, especially when their banter becomes quite graphic or absolutely inappropriate.

This is an example of a hostile working environment. Though the group did not direct their comments and jokes to other workers or anyone in particular, they still created an uncomfortable workplace for others. By not taking action in this instance, managers and employees can set their businesses up for a lawsuit.

Employers and HR departments need to talk to their employees about this type of behavior or start an individual or group session regarding these actions in the workplace. They should also lay out the consequences of insubordination and the persistence of their conduct.

Scenario 7: Quid Pro Quo Sexual Harassment

Tom, a supervisor, begins to develop feelings for his subordinate, Caroline. Tom suggests a relationship with Caroline and promises work benefits such as a window office, bonuses, and promotions. Caroline isn’t interested in pursuing a relationship with Tom. Still, she worries that her chances of getting a promotion will end if she refuses to reciprocate her superior’s feelings.

This is also quid pro quo sexual harassment. It’s one of the two main types of sexual harassment, which involves an employer asking for unwanted favors from a subordinate as a condition for a promotion or another job benefit.

Everyone in the workplace should know that quid pro quo sexual harassment is unlawful, and they should report it immediately. If this happens to you, you have the right to file a lawsuit.

Scenario 8: Personal Computer Materials

A coworker, Don, checks his personal email at work, and occasionally opens his email and looks at pornographic images and videos. Not everyone in the office notices, but those who do, don’t complain or tell anyone. You observe him doing this regularly and begin to feel uncomfortable when he does this.

In these circumstances, you can advise the person to refrain from looking at inappropriate pictures or videos while at work. If he does not stop and continues to expose you to what he is viewing, you should report it to your employer immediately. If your employer does not take action, you may file a sexual harassment claim, even if the conduct was not directed toward you.

Scenario 9: Quid Pro Quo Sexual Harassment

Harper is a young team leader at an advertising firm. One evening, Harper decides to stay after work with her manager, Steven, to work on an important team presentation. Steven offers to buy Harper dinner and later gives her a ride back home since her vehicle is in the shop.

After dinner, Steven cleverly tells Harper that he would love nothing more than to spend the night with her. Harper politely but firmly turns down his request and takes an Uber home. The next evening, Steven tries his luck again, but once again, Harper refuses to give in to his advances. Upon Harper’s refusal, Steven becomes rather angry. He threatens to tell everyone in the office that she made passes at him and threatens her job.

Steven’s threat to Harper that if she doesn’t accept his request for a sexual favor, he’ll ruin her reputation at the office constitutes another example of quid pro quo sexual harassment. Steven’s actions involve sexual advances, an ultimatum, and can hurt Harper’s career. The employer can be liable for his harassment in this context.

Scenario 10: Quid Pro Quo Sexual Harassment

Sandy works as a domestic helper at the Morris residence. Most days, Ms. Morris leaves home very early in the morning for work. Therefore, Sandy often works in the company of an older family member. Sandy finds that the older man repetitively smirks at her in a lewd manner and walks around the house in nothing but his underwear, making her very uncomfortable.

One day while she was working, he tried to fondle her breast. When she told him that she planned to report his actions to Ms. Morris, he threatened to accuse her of theft, telling her that he would ensure she lost her job there.

In this scenario, the older male household member also commits quid pro quo sexual harassment by threatening Sandy to keep silent about the unwelcome sexual advances if she wants to maintain her employment. It’s also a good example of how sexual harassment does not have to occur in a formal office setting but can happen in any work environment.

Do You Face Workplace Sexual Harassment? Hire a Workplace Sexual Harassment Attorney Today

Sexual harassment in the workplace, no matter what kind or how it occurs, is never okay. Suppose you experienced sexual harassment in the workplace. In that case, reach out to an experienced sexual harassment attorney immediately.

Your attorney can assess the situation and help you determine your next best steps. Sometimes, that involves working with your employer’s human resources department, and sometimes filing a complaint in court.

If you face workplace sexual harassment, reach out for legal help today. Your employment law attorney can help you take action to hold your harasser accountable for what they did to you.

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California employees have many federal job protections and additional protections under California labor statutes. One important state employment law is the California Family Rights Act (CFRA). The state legislature passed the California Family Rights Act in 1993, modeling it after the federal Family Medical Leave Act.

These laws generally give employees the right to take paid or unpaid leave for family and health reasons. If more than one law covers a California employee, they are entitled to use rights outlined in the most protective law.

In addition to CRFA, California employers must also comply with the federal Family and Medical Leave Act (FMLA). This federal law does not preempt the CFRA. FMLA provides eligible employees up to 12 weeks of unpaid leave every 12 months (52 weeks), with the right to reinstatement, under certain conditions.​ For more information, reach out to a family rights act lawyer.

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California Employee Rights Under CFRA

California’s Family Rights Act is highly similar to FMLA but on a state level. However, the CFRA is often more protective as it applies to smaller employers and covers more family members than FMLA.

CFRA mandates that employers with at least five employees provide eligible ones with up to 12 weeks of unpaid, job-protected leave during a 12-month period for some qualifying reasons, including:

• The employee’s own serious health condition (excluding pregnancy- or childbirth-related disability))
• The employee needs to care for a family member such as a child, spouse (including a registered domestic partner), parent, grandparent, grandchildren, or sibling with a serious health condition
• The employee’s desire to take time to bond with a new child within 12 months of their birth, or after an adoption, or foster care placement of a child under the age of 18
• A qualifying exigency military leave, for such things as military events and related activities, short notice deployment, and spending time with a covered military member on short-term leave

For the purposes of family leave, a serious health condition refers to an illness, injury, impairment, or physical or mental condition necessitating:

• At-home care or in-patient care within a hospital, hospice, or residential medical care facility

Or

• Continuing treatment by a doctor or other qualified health care practitioner

To qualify for CFRA leave, employees must have been employed for at least 12 consecutive months and have a minimum of 1,250 hours of service over those previous 12 months.

California Employee Rights Under FMLA

California employers must comply with the FMLA if they have 50 employees or more for a minimum of 20 weeks in the current or previous year. As with the CFRA, leave under the FMLA is job-protected, meaning an employer must reinstate an employee’s position upon returning from FMLA leave.

FMLA is a viable option for employees who have:

• Been employed at their company for a minimum of one year
• Worked at least 1,250 hours over the previous year
• Worked at a location with at least 50 employees within a 75-mile radius​

Who Can Take FMLA Leave?

FMLA is for employees needing time away from work to:

• Bond with a new child under the age of 18 years
• Recover or recuperate from a serious health condition
• Take of a family member such as a spouse, child, or parent with a serious health condition
• Manage qualifying exigencies resulting from a family member’s military service, or take care of a family member who suffered a serious injury while on active duty in the military​

How Much Time Does the FMLA Provide?

Employees may have as many as 12 weeks of leave in a 12-month period for a qualifying reason. In addition, as long as the employee continues to meet the eligibility requirements explained above, this leave renews every 12 months. For example, an employee can take 12 weeks off to recover and bond with their child after giving birth in 2021. One year later, in 2022, they may need major surgery and can take another 12 weeks off to recover.

Employees who need military caregiver leave are allowed as many as 26 weeks of leave in one 12-month period per injury, per service member. The employee cannot take an additional leave for this purpose unless the same family member suffers injuries again or another family member suffers an injury while on active duty.

For instance, an employee takes 26 weeks of leave in 2021 to care for their military spouse who suffered an injury while on active duty. In 2022, the spouse is still recovering from their injuries; however, the employee can’t take another 26 weeks off to care for them. Alternatively, if the military spouse suffered a different injury, they can take another 26 weeks off because it was a new injury.​

Employee Rights to Leave and Reinstatement

FMLA provides that an employee’s health insurance remain in place while they are on leave and that they should pay the same premium as if they were working. One thing to keep in mind is that even though FMLA leave is unpaid, employees might have to use up their accrued paid leave during an FMLA leave.

At the end of their FMLA leave, an employee has the right to reinstatement to the same or an equivalent position, with only a few minor exceptions.​

Can You Use CFRA and FMLA Leave Together?

Some employees qualify for taking leave under both the CFRA and FMLA. In these cases, they usually cannot stack the leave together to receive more than 12 weeks. For instance, they can’t take 12 weeks under CRFA and then 12 weeks under FMLA. But, if they qualify, the worker can theoretically take up to 24 weeks or leave per 12-month stretch under both, just not at the same time.

Suppose an employee took 12 weeks off through FMLA coverage to help their child recover from a significant illness. Then the employee’s grandparent fell and broke their hip within the same year. In that case, the employee can take leave under CFRA to care for the grandparent after taking 12 weeks off through FMLA for their child.​

What Are the Primary Differences Between CFRA and FMLA?

Comparatively, the California Family Rights Act and the Family and Medical Leave Act have three primary differences. First, the FMLA only applies to businesses with 50 or more employees, while the CFRA applies to companies with at least five employees.

Next, under FMLA standards, pregnancy is considered a “serious health concern.” However, under the CFRA, pregnancy is not. Alternatively, an eligible pregnant employee in California is entitled to as many as four months of pregnancy disability leave (PDL). However, a pregnant employee that uses leave under California’s PDL can also have up to 12 weeks of baby bonding leave under the CFRA.

Finally, under both FMLA and CFRA, an employee can take up to 26 weeks of leave to care for a spouse, child, or parent who becomes ill or gets injured in the line of duty while on active military duty. However, with FMLA, an employee can also take this type of leave to care for an injured military member who is the employee’s next of kin.​

Can Employers Punish Their Employees for Taking Time Off?

It’s illegal for an employer to punish or retaliate against a worker for taking leave under the CFRA or FMLA.

Even still, employers sometimes punish employees for exercising these rights by:

• Harassing them
• Refusing to promote them
• Discriminating against them
• Wrongfully terminating their employment

Depending on the specific details of the situation, if an eligible employee suffers adverse action for properly exercising their rights and taking leave, they might file a civil lawsuit against their employer for damages.​

Does California Offer Paid Family Leave?

California has a Paid Family Leave (PFL) program that provides benefits to employees taking off for any CFRA-qualifying reasons. California was the first state in the nation to have such a program when it came into law in 2002. PFL is administered through the State Disability Insurance (SDI) program, providing up to eight weeks of benefits for covered employees in the state. If you have earned $300 from which SDI deductions were withheld during the past 12 months, you are eligible for PFL.​

Benefits Provided Under California’s PFL

Those who qualify for California’s PFL can receive about 60 to 70 percent of their wages for as many as eight weeks, with a maximum weekly benefit of $1,540 in 2022. Benefits equal about 60 percent of an employee’s salary for California’s higher-income earners and approximately 70 percent for lower-income earners. California’s Employment Development Department website provides a benefits calculator and a step-by-step guide for how to file a claim.

PFL claimants can’t submit a claim prior to their first day of leave but must do so within the first 41 days after their leave begins. Once submitted, claims can take about two weeks to process. Claimants can choose if they want to receive their benefits all at once or split over 12 months. Employers may also allow employees to use vacation time, sick leave, paid time off, or other types of employer-provided leave to supplement their family leave benefits, which may allow them to receive up to 100 percent of their regular pay.​

Other Types of Leave and Benefits Available to Certain California Employees​

California Small Necessities Law

Under California’s Small Necessities Law, companies that employ at least 25 people are legally required to give workers as many as 40 hours of unpaid leave in any 12-month period to participate in activities or events at their child’s daycare or school. However, their time off can’t exceed eight hours in a single month.​

California Military Family Leave

Under California law, companies with a minimum of 25 employees must provide eligible employees up to ten days of unpaid leave while their spouse is on leave from deployment during a period of military conflict.​

California Paid Temporary Disability Insurance

California has its own temporary disability insurance program, which receives funding through California employee paycheck withholding. Eligible employees who can’t work due to a temporary disability (including pregnancy) can get up to 60 percent or 70 percent of their usual paycheck, depending on their wages.​

California Pregnancy Disability Leave

Employers with a minimum of five employees must provide their employees a reasonable amount of time off for disability due to:

• Pregnancy
• Childbirth
• Related conditions

However, the reasonable period doesn’t have to be more than four months. Additionally, pregnancy disability leave doesn’t count against the employee’s leave provisions under the California Family Rights Act. So, for instance, an employee might have bed rest orders for the last 12 weeks of their pregnancy by their doctor, requiring them to take a pregnancy disability leave. After the baby is born, the same eligible employee can take up to 12 weeks of FMLA or CFRA.​

California Domestic Violence Leave

No matter their size, all employers are legally required to give workers unpaid leave to seek a restraining order or other judicial relief from domestic violence for themselves or their child.

In addition, companies with at least 25 employees must permit employees who are victims of domestic violence, stalking, or sexual assault to take time off to:

• Obtain medical care
• Access services from a rape crisis center or domestic violence shelter, or program
• Receive counseling
• Participate in safety planning
• Relocate to somewhere safe

In addition, the law prohibits California employers from discharging, discriminating, or retaliating against an employee who needs time off to take any of these actions.​

Do You Have Questions About Your Rights as a California Employee? Contact an Experienced Labor and Employment Attorney Today

Federal and California laws are in place to protect many employees and provide them with certain rights. Unfortunately, some employers disagree with these rights because it hurts them financially or otherwise. As a result, they may try to deny their employee’s rights, retaliate against them, or punish them. If you face such a situation or don’t know your rights under FMLA or the CFRA, call an experienced employment law attorney today.

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El 15 de Septiembre marca el inicio del Mes de la Herencia Hispana en los Estados Unidos. La celebración dura hasta el 15 de Octubre. Aunque la palabra “Hispano” significa alguien de un país de habla Español y “Latino” significa alguien de un país latinoamericano, el Mes de la Herencia Hispana celebra tanto a los Hispanos como a los Latinos. Para obtener más información, comuníquese con un abogado de igualdad salarial.

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Este año, California anunció que los latinos constituyen el 36 por ciento de la población, lo que los convierte en la minoría más grande del estado. Desafortunadamente, estas estadísticas tienen poco que ver con el avance en el salario de las mujeres latinas. Las latinas siguen siendo el grupo femenino peor pagado del país. Por cada dólar que ganan los hombres blancos no hispanos, las latinas ganan 57 centavos. Esto significa que las mujeres latinas deben trabajar 21 meses para obtener los ingresos anuales de un hombre blanco, no hispano.

En todo Estados Unidos, es ilegal que los empleadores paguen salarios diferentes a hombres y mujeres que realizan las mismas funciones. Sin embargo, California ofrece protecciones aún mayores. En California, es ilegal que los empleadores paguen salarios diferentes a hombres y mujeres que realizan un trabajo sustancialmente similar. Este es un estándar más bajo que el establecido por la ley federal. Esto hace que sea más fácil luchar por la igualdad salarial en California que en otros estados.

La Ley de Igualdad Salarial de California también prohíbe a los empleadores las diferencias salariales basadas en la raza o el origen étnico.

Si usted cree que su empleador le está pagando menos que sus compañeros de trabajo debido a su sexo, raza o etnia, llame a nuestra oficina para una consulta gratis. Para obtener más información, comuníquese con un abogada de derecho laboral.

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