If you are a Nor-Cal resident, you are protected under the law for reporting potential violations of the law at your place of work. Your employer may not harass or discriminate against you, based on your reports. Whistle blowing laws generally protect employees who report activities that are illegal or against public interest.

Under CA law, an employer may not have a policy that prevents employees from disclosing information to an agency in charge of enforcing the law. Your employer may also not retaliate against you for engaging in ‘protected’ activities. Protected activities include:

• Complaining about discrimination against yourself or others
• Threatening to file a charge for discrimination
• Picketing to oppose discrimination
• Refusing to obey an order that is reasonably believed to be discriminatory.

If you have engaged in any protected behavior, or have been a whistleblower in your company, and believe that your employer has retaliated against you based on your actions, contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. Law Offices of David H. Greenberg are here to help!

Even though it may be hard to believe, many people are still confronted with religious harassment at work. Over a year ago, a Sikh family in San Jose was being harassed in their own neighborhood. Just last month, a female Sikh employee at National Wholesale Liquidators was harassed by her employer. Her boss told her to remove her turban because she ‘would appear sexier without it.’

Silicon Valley is the home to many Sikh families, and should take note of these cases of religious harassment in the workplace. Employees should be aware that workplace harassment is illegal. National Wholesale Liquidators paid $255,000 to the employees who were joined in the harassment suit.

Harassment is against the law. Harassment is defined as unwelcome conduct that may be based on religion, race, color, sex, national origin, age, and/or disability. This conduct becomes illegal when (1) enduring the conduct becomes a condition of keeping your job, OR (2) the harassing behavior is to such an extent that a reasonable person would consider the work environment intimidating, hostile, or abusive.

If you believe you are a victim of harassment at your place of work, or you have questions, you should not remain silent. Contact Law Offices of David H. Greenberg, at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you stand up for your rights to a safe and non-threatening work environment.

If you are an employee working in the Fremont area in Northern California, you should know that discrimination in the workplace is against the law in CA. Fremont is a highly diverse area, with a large Asian and mixed race population. This city is part of the tech-oriented Silicon Valley. Regardless of your race, you are protected under the law and your Bay Area employer may not discriminate against you based on your race. It is also illegal for employers to discriminate based on ethnicity, religion, sexual orientation, age, gender, or nationality.

If you are a Fremont worker, and you believe that you have been a victim of discrimination, call us at the law offices of Law Offices of David H. Greenberg for a free consultation at (1-888-204-1014) or visit us at www.discriminationattorney.com. We are here to protect your rights in the workplace.

Are you a CA resident? Have you suffered a stroke? If so, you should know that your employer may not discriminate against you based on a medical disability, and your stroke may constitute a medical disability. However, not all medical issues are disabilities. In order for your stroke to constitute a medical disability you must show that your stroke resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer has taken some type of adverse action on the basis of your disability.

A stroke is a brain condition that occurs when the flow of blood to the brain is interrupted. The loss of blood flow to the brain can cause impairments, and loss of brain function. It is very important to identify a stroke as soon as possible, and to seek medical consultation. Sometimes patients will undergo occupational, speech, or physical therapy.

Your employer may not discriminate against you based on your stroke. Discriminating actions include not allowing you to miss work for medical appointments, or not allowing you to take a reasonable time off work. If your employer does not allow you to miss work to seek therapy, or if your employer refuses to make reasonable accommodations in the workplace for your disability, you may be a victim of discrimination.

If you have questions about whether your stroke or other medical condition constitutes a medical disability, or if you believe you are a victim of discrimination based on your disability, contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation with one of our discrimination lawyers or visit us at www.discriminationattorney.com. We are here to help.

The Occupational Safety and Health Act (OSHA) requires all private employers to maintain safe working conditions for its employees. OSHA requires all employers to protect workers from ‘recognized hazards.’ The law, however, does not specify what constitutes a ‘recognized hazard.’ This means that a wide range of injuries, including small abrasions to long-term health issues due to exposure to toxins, etc. are potentially covered.

If you have questions about the injury you have sustained in the workplace, contact us at (1-888-204-1014) for a free consultation. At Law Offices of David H. Greenberg, we have worked to protect the rights of our clients and have won millions in awards. You can also visit us online at www.discriminationattorney.com.

Under OSHA, you are not just protected in the ‘workplace.’ You are entitled to be kept safe wherever you are working, even if that is in a vehicle or outdoors. Your employer must also display the OSHA poster in a visible spot. This poster explains your rights to a safe workplace. An employer’s failure to display this poster, is itself, a violation of OSHA.

Employees’ Duties Under OSHA
As an employee, you also have duties under the Occupational Safety and Health Act. As an employee you should take the time to read the OSHA poster and comply with its regulations. Employees should also take steps to protect themselves and comply with employer safety and health regulations. If you sustain a job related illness, report it to your employer promptly and seek medical advice. Also, if you notice a hazardous condition in the workplace, report it to your employer.

Proving an OSHA Violation
Proving a violation of the Occupational Safety and Health Act, you must provide evidence of two things. One, you must show that your employer failed to keep the workplace free of a hazard. Two, you must also show that the particular hazard was recognized as being likely to cause death or serious physical injury. If you face difficulties in having your company correct a safety issue, you may file a complaint with OSHA. You can visit them online at www.osha.gov. A complaint form can be obtained at any OSHA office, or you can telephone your nearest branch.

If you believe you have a claim under OSHA, or have concerns about the safety of your workplace, please contact us at (1-888-204-1014). We can help you protect your health and safety.

If you are a CA employee paid hourly, you should know that the minimum amount your employer can pay you is generally $8.00. There are some exceptions that vary by type of work. For example, you may not be entitled to minimum wage if you are the spouse, child, or parent of your employer or if you are an outside sales person. You should also look at your specific city’s controls on minimum wage, as some cities have passed their own minimum wage regulations.

California, unlike some states, does not have a tip credit. A ‘maximum tip credit’ is the maximum amount of dollars that an employer can subtract from an employee’s hourly wage if the employee gets tips on the job. However, the leftover amount cannot be less than the state minimum wage. If there is a surplus, the employee gets to keep it.

If you believe that your CA employer is paying you less than minimum wage, or if your employer is wrongfully subtracting a ‘tip credit’ from your hourly wage, contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation. We can help you determine if you have an employment claim based on your employer’s actions. You can also visit us at www.discriminationattorney.com. We are here to help you protect your rights in the workplace.

As a Northern California worker you should know that you are entitled to meal and rest breaks under CA law. If your employer is not providing you with your rightful breaks, you may have an employment claim. Call Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation. We can help you determine if you have an employment claim, or you can also visit us at www.discriminationattorney.com.

Basics of CA Meal and Rest Break Requirements
Most California employers are required to give employees a 30 minute unpaid meal break. This break should be taken after five hours of work. The employer and employee may agree to waive the meal break if the workday consists of 6 hours or less. The employee cannot work more than 10 hours a day without a second 30 minute meal break. However, if a workday is 12 hours or less, the second meal break may be waived if the first meal break was not waived.

Bay Area workers are entitled to a paid 10 minute rest period for each 4 hours worked. This rest break is not required for workers who work less than 3.5 hours a day. Also under CA law, an employee is entitled to take reasonable time to breastfeed an infant or to express breast milk. This is unpaid unless take concurrent with other break time.

There are some exceptions to CA’s break requirements. These requirements do not apply in the motion picture, agriculture, wholesale baking, and household occupation industries. If you have questions about whether your employer is included in this exception, don’t hesitate to call us at 1-888-204-1014. We are here to help!

The US Equal Employment Opportunity Commission (EEOC) is an excellent resource for Northern CA employees and employers. Valuable information can be found online at www.eeoc.gov. EEOC is a collaboration of all the Equal Employment Opportunity laws that prohibit discrimination and protect employees in various ways. The Equal Employment Opportunity Commission’s website also has a general description of what ‘discrimination‘ means, and examples of what constitutes discrimination. The EEOC provides information to employees and employers about what types of companies are covered by the Equal Employment Opportunity laws.

If you are an employee who has discrimination concerns, the EEOC provides target information for specific types of discrimination: Age, disability, equal pay, national origin, pregnancy, race, religion, retaliation, sex, and sexual harassment. The Equal Employment Opportunity Commission also provides information on filing a discrimination charge with the EEOC. This section includes information on who can file a charge, how the charge must be filed, what must be included in the charge, time limits on filing, etc.

If you look at the EEOC website, you can find out more about what your rights are as an employee or employer. If you believe that your rights have been violated, or if you have questions about Equal Employment, don’t hesitate to contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We are here to help, and we can walk you through this process.

If you are an employee in the Bay Area, you should be aware that you have the right to unpaid leave under the Family Medical Leave Act (FMLA). Under FMLA, an employee is eligible for up to 12 weeks of unpaid leave during any given year for the birth/adoption of a child, family health needs, or the employee’s own health needs.

Your Rights Upon Return to Work Under the Family Medical Leave Act
Under the FMLA, not only are you eligible for 12 weeks of specific life circumstances, but you have rights upon your return to work. Your employer must not only allow you to take the leave, but he/she must allow you to return to the same or similar position that you held before the leave. Your employer must also continue to make the same benefit contributions as you were receiving before going on leave. The employer need not, however, pay any additional benefits that are not generally paid to employees. Seniority and pension need not be accumulated during the leave.

Employers who violate the act, or who retaliate against individuals seeking protection under the Act, may be required to pay back pay, damages, etc. If you believe that your rights have been violated under the Family Medical Leave Act, call Law Offices of David H. Greenberg for a free consultation at 1-888-204-1014. We are here to help protect you and your family. You can also learn more about us at www.discriminationattorney.com.

Silicon Valley has a very diverse workforce comprising individuals from many countries. In this economic downturn, it is often difficult to find work. Non-citizens also may face potential discrimination in the job-search process. Silicon Valley workers should know that the Immigration and Naturalization Act makes it illegal for an employer with three or more employees to discriminate against an employee on the basis of national origin.

The Act protects employees by prohibiting employers from discriminating in hiring and firing workers who are authorized to work in the US, because of their national origin or citizenship status. Employers are also forbidden from retaliating against employees for exercising any rights under immigration laws.

Proving You have Been a Victim of Discrimination Based on Your National Origin
In order to prove that your employer has discriminated against you based on your national origin you must show one of two things. One, you can prove that your employer knowingly discriminated against you because of your citizenship or national origin. Or, two, you can prove that the employer had a pattern of discriminating against others based on citizenship or national origin.

Time Limits to Protecting Your Rights Against National Origin Discrimination
If you believe that your employer has discriminated against you based on your national origin or citizenship, you have 180 days from the date of the violation to file a complaint with the Office of the Special Counsel for Unfair Immigration Related Employment Practices. If you believe that you have been discriminated against based on your citizenship or national origin, contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you protect yourself from national origin discrimination.