Employment Law

When the CROWN Act passed in 2019, California became the first state in the U.S. to ban workplace and education discrimination based upon one’s hairstyle or texture, particularly when either is associated with race.

Employers are now prohibited from the following and other such activities:

• Creating or enforcing grooming standards that discriminate on the basis of one’s hairstyle or texture
• Choosing whether or not to hire an employee based upon their hairstyle or willingness to conform with a discriminatory grooming standard
• Harassing an employee for wearing a natural hair style
• Retaliating against an employee, including firing them, for refusing to conform to a discriminatory grooming standard

Creating a Link between Race & Hair

California’s CROWN Act effectively creates a legal link between race and hair, banning discrimination that has gone under the radar for decades. Specific hairstyles that are now protected by law include braids, locks, twists, afros, and other natural Black hairstyles.

Specific hairstyles that the law protects include the following:

• Braids
• Locks
• Twists
• Afros

Until the law took effect in 2020, it was possible for employers to enforce grooming standards and make decisions regarding one’s employment – including whether to hire or fire them – based upon how they styled their hair or their willingness to style it in an unnatural way.

This disproportionately affected Black Americans and other people of color with hair that was time-consuming, difficult, and costly to maintain in any other way than as it naturally grew from their heads.

Not only did hair discrimination create unnecessary barriers of entry for certain professions, but it also provided employers with a cover to conceal their intent if they wished to discriminate on the basis of race.

That should end now that the CROWN Act is in effect, but those who still face discrimination because of their hairstyle or hair texture should consult with an attorney to learn more about their legal options.

If you’ve experienced this type of discrimination after Jan. 1, 2020, Haeggquist & Eck, LLP can help you validate your claim and even pursue legal action against your employer. We offer a free consultation to help potential clients understand their rights and how our services can help them assert them.

For more information or to schedule your free initial consultation, please contact us online or call (619) 342-8000 today.

You probably have heard of a hostile work environment before. You may have been exposed to this term through the media or a friend or family member who was being discriminated against at work.

Unless you’ve dealt with a hostile work environment before, you may have also inadvertently learned a few myths about what one is and what it means to work in one. In this blog, we’ll address four of the most stubborn myths about this topic and why they’re incorrect.

Common Myths about Hostile Work Environments

Myth 1. A Hostile Work Is One Where Tempers Flare

Lots of people think that “hostile work environment” is a self-evident term, but it isn’t. Contrary to what many believe, there is more going on than a boss having a tantrum, threatening to fire people on a whim, or other kinds of bullying behavior.

This kind of conduct can certainly feel hostile, but it doesn’t legally cross the line until it discriminates against a protected class. In other words, if harassment of any kind targets people with certain legally protected characteristics (skin color, age, disability status, sex, etc.) then it violates the law and creates a hostile work environment.

Also, the harassment doesn’t have to be as over-the-top as outbursts or threats. Much more subtle behavior such as offensive side-comments can also lead to a hostile work environment.

Myth 2. Hostile Work Environment Claims Only Apply to Certain Types of Discrimination

Any form of discrimination can give rise to a hostile work environment claim. California and the federal government recognize a number of protected characteristics, including include age, race, sex, religion, gender identity, sexual orientation, disability status, and several others. Should someone experience harassment or other adverse behavior based on one of these characteristics, they may have a valid hostile work environment claim.

Myth 3. A Single Incident Isn’t Enough to Argue the Existence of a Hostile Work Environment

People may feel powerless to fight back if they experienced discrimination or harassment as an isolated incident. If the incident was severe or pervasive, however, it can indicate the presence of a hostile work environment. This is especially true if the employer failed to take any meaningful action to change the conditions that led to the incident or to prevent it from occurring again.

“Severe or pervasive” might sound like a high bar to meet, but it may be much lower than you’d think. The best way to assess whether you have a viable claim is to consult with an employment law attorney, like one of ours at Haeggquist & Eck, LLP.

Schedule Your Free Consultation with Us Today

If you believe you were subjected to discriminatory harassment at work, Haeggquist & Eck, LLP can help you evaluate your claim. When you take advantage of our free consultation, you can tell us about your situation in a fully confidential environment. An experienced attorney can then tell you more about how our firm can help you take advantage of legal options that may be available to you.

In many cases involving a hostile work environment, those who experienced discrimination can fight for monetary damages that address the impact of the behavior they endured at work.

For more information about our services, schedule your free consultation with Haeggquist & Eck, LLP by requesting it online or by calling (619) 342-8000 today.

In the beginning of the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA) which temporarily expanded the existing Family and Medical Leave Act by requiring all private and most public employers with less than 500 employees to provide their employees with up to 12 weeks of paid job-protected leave for certain COVID-19-related reasons. In exchange, employers were able to claim payroll tax credits for the benefits paid for their employees who took FFCRA leave through December 31, 2020, when the FFCRA mandated leave requirement expired.

Since then, two additional laws – the Consolidated Appropriations Act of 2021 (CAA) and the American Rescue Plan Act of 2021 (ARPA) – amended the FFCRA to allow employers to claim these payroll tax credits through March 31, 2021 (under the CAA) and now through September 30, 2021 (under the ARPA) if they voluntarily continue to offer paid FFCRA leave to their employees. So, how does this work and what has changed?

FFCRA Qualifying Reasons Have Been Expanded

Under the FFCRA, an employee qualified for paid job-protected leave if the employee was:

1. Subject to a federal, state, or local quarantine, or isolation order related to COVID-19;
2. Advised by a health care provider to self-quarantine due to COVID-19 concerns;
3. Experiencing COVID-19 symptoms and seeking medical diagnosis;
4. Caring for an individual subject to a federal, state, or local quarantine, or isolation order, or advised by a health care provider to self-quarantine due to COVID-19 concerns;
5. Caring for the employee’s child if the child’s school or place of care was closed or the child’s care provider was unavailable due to a public health emergency; or
6. Experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Under the ARPA, all these FFCRA grounds for eligibility still apply and have been expanded to qualify an employee who is:

7. Seeking or awaiting the results of a COVID-19 diagnosis;
8. Obtaining a COVID-19 immunization; or
9. Recovering from any injury, disability, illness, or condition related to a COVID-19 immunization.

FFCRA Paid Leave Amounts Have Been Expanded

Under the FFCRA, qualified employees could receive the following amounts of paid job-protected leave:

• Paid Sick Leave – up to two weeks (10 days, 80 hours) for qualifying reasons numbered 1 through 6 above, regardless of how long the employee had worked for the employer.
• Paid Family Leave – up to 12 weeks (60 days, 480 hours), but only for qualifying reason number 5 above and only for employees who had worked at least 30 days for the employer.

Under the ARPA, the paid job-protected leave for qualified employees has been expanded as follows:

• Paid Sick Leave – the two weeks of Paid Sick Leave has been reset for employees, meaning if an employee already took two weeks of Paid Sick Leave prior to April 1, 2021, the same employee will be eligible for an additional two weeks’ worth of Paid Sick Leave after April 1, 2021 under qualifying reasons numbered 1 through 9 above, and the employer can claim the payroll tax credits again.
• Paid Family Leave – the qualifying reason for Paid Family Leave has been expanded to include all qualifying reasons numbered 1 through 9 above.

Despite these expansions, employee entitlement to FFCRA leave will be impacted and potentially exhausted based on the total amount of FMLA and/or FFCRA leave the employee has taken over the past 12 months. This means that if an employee has already used 12 weeks of FMLA and/or FFCRA leave within the past 12 months, their entitlement to leave has been exhausted and they must wait until they must wait until they are eligible again to take additional leave.

New Anti-Discrimination Provision Prohibits Employers from Discrimination in Offering FFCRA Leave Based on Salary, Hours, or Tenure

Because the extended FFCRA leave is voluntary, the ARPA implements a new non-discrimination provision that prohibits employers from discriminatorily choosing to offer these benefits only to highly compensated employees, full-time employees, or based on employee tenure. Essentially, if an employer chooses the tax credits, they must offer FFCRA leave equally to all qualifying employees.

What To Do if You Believe Your Rights are Being Violated

If you believe your employer is violating your rights, you may be able to hold them legally accountable. The employment law attorneys of Haeggquist & Eck, LLP will work with you to learn about your situation and seek fair and just compensation if your employer is breaking the law. Contact us online or call (619) 342-8000 to learn more about how we may be able to support your claim.

In the beginning of the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA) which temporarily expanded the existing Family and Medical Leave Act by requiring all private and most public employers with less than 500 employees to provide their employees with up to 12 weeks of paid job-protected leave for certain COVID-19-related reasons. In exchange, employers were able to claim payroll tax credits for the benefits paid for their employees who took FFCRA leave through December 31, 2020, when the FFCRA mandated leave requirement expired.

Since then, two additional laws – the Consolidated Appropriations Act of 2021 (CAA) and the American Rescue Plan Act of 2021 (ARPA) – amended the FFCRA to allow employers to claim these payroll tax credits through March 31, 2021 (under the CAA) and now through September 30, 2021 (under the ARPA) if they voluntarily continue to offer paid FFCRA leave to their employees. So, how does this work and what has changed?

FFCRA Qualifying Reasons Have Been Expanded

Under the FFCRA, an employee qualified for paid job-protected leave if the employee was:

1. Subject to a federal, state, or local quarantine, or isolation order related to COVID-19;
2. Advised by a health care provider to self-quarantine due to COVID-19 concerns;
3. Experiencing COVID-19 symptoms and seeking medical diagnosis;
4. Caring for an individual subject to a federal, state, or local quarantine, or isolation order, or advised by a health care provider to self-quarantine due to COVID-19 concerns;
5. Caring for the employee’s child if the child’s school or place of care was closed or the child’s care provider was unavailable due to a public health emergency; or
6. Experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Under the ARPA, all these FFCRA grounds for eligibility still apply and have been expanded to qualify an employee who is:

7. Seeking or awaiting the results of a COVID-19 diagnosis;
8. Obtaining a COVID-19 immunization; or
9. Recovering from any injury, disability, illness, or condition related to a COVID-19 immunization.

FFCRA Paid Leave Amounts Have Been Expanded

Under the FFCRA, qualified employees could receive the following amounts of paid job-protected leave:

• Paid Sick Leave – up to two weeks (10 days, 80 hours) for qualifying reasons numbered 1 through 6 above, regardless of how long the employee had worked for the employer.
• Paid Family Leave – up to 12 weeks (60 days, 480 hours), but only for qualifying reason number 5 above and only for employees who had worked at least 30 days for the employer.

Under the ARPA, the paid job-protected leave for qualified employees has been expanded as follows:

• Paid Sick Leave – the two weeks of Paid Sick Leave has been reset for employees, meaning if an employee already took two weeks of Paid Sick Leave prior to April 1, 2021, the same employee will be eligible for an additional two weeks’ worth of Paid Sick Leave after April 1, 2021 under qualifying reasons numbered 1 through 9 above, and the employer can claim the payroll tax credits again.
• Paid Family Leave – the qualifying reason for Paid Family Leave has been expanded to include all qualifying reasons numbered 1 through 9 above.

Despite these expansions, employee entitlement to FFCRA leave will be impacted and potentially exhausted based on the total amount of FMLA and/or FFCRA leave the employee has taken over the past 12 months. This means that if an employee has already used 12 weeks of FMLA and/or FFCRA leave within the past 12 months, their entitlement to leave has been exhausted and they must wait until they must wait until they are eligible again to take additional leave.

New Anti-Discrimination Provision Prohibits Employers from Discrimination in Offering FFCRA Leave Based on Salary, Hours, or Tenure

Because the extended FFCRA leave is voluntary, the ARPA implements a new non-discrimination provision that prohibits employers from discriminatorily choosing to offer these benefits only to highly compensated employees, full-time employees, or based on employee tenure. Essentially, if an employer chooses the tax credits, they must offer FFCRA leave equally to all qualifying employees.

What To Do if You Believe Your Rights are Being Violated

If you believe your employer is violating your rights, you may be able to hold them legally accountable. The employment law attorneys of Haeggquist & Eck, LLP will work with you to learn about your situation and seek fair and just compensation if your employer is breaking the law. Contact us online or call (619) 342-8000 to learn more about how we may be able to support your claim.

Yes, if you are eligible. Under the American Rescue Plan Act (“ARPA”) which President Biden signed into law on March 11, 2021, employers are required to cover 100% of an employee’s cost of continuing group health coverage under COBRA if the employee was eligible for coverage during the subsidy period (regardless of whether the employee previously elected coverage or discontinued coverage).

Timing: April 1, 2021 – Sept. 30, 2021

The COBRA assistance coverage starts on April 1, 2021 and lasts for a maximum of six months – until September 30, 2021 (the subsidy may end for an employee before the September 30, 2021 date if the maximum period of coverage ends before that date).

18-month Retroactive “Look-Back” to November 2019

The subsidy is retroactive back to before the COVID pandemic. At a minimum, it’s an 18-month look-back” to November 2019. Depending on the employer’s location, the retroactive period may be greater.

Eligibility for Employer Payment of COBRA Premium

Employees and their qualifying dependents are eligible if the employee lost or will lose their health benefits due to involuntary separation or reduction in hours during the eligibility period. It does not need to be related to COVID.

Examples of Eligibility:

So for example, if you are terminated after April 1, 2021 or your hours were reduced from full-time to part time, resulting in loss of health benefits, you are eligible.

Or, if you lost your job on December 1, 2019 and did not elect COBRA or health continuation coverage, you are eligible – this is being referred to as a “Second Bite at the Apple.”

Examples of Ineligibility:

If you voluntarily quit your job, or you were fired for gross misconduct, you are not eligible.

If you are eligible for another group health plan (such as your spouse’s plan) or Medicare, you are not eligible.

Employer Reimbursement:

Under the COBRA subsidy, the employer pays the full COBRA or state continuation premiums and administrative fees. The employee pays ZERO. If an employee made payment during the subsidy period, then the employer must provide reimbursement. The employer will receive reimbursement of premiums from the federal government through credit toward their payroll tax obligation.