Posted On: December 31, 2008

PREGNANCY LEAVE UNDER CALIFORNIA LAW

California law is very protective of pregnant employees. The California Fair Employment and Housing Act (FEHA) provides protection. If a pregnant worker in CA requests reasonable time off for pregnancy leave, the employer must grant the leave. A ‘reasonable’ time off is considered to be the period of time where the woman is disabled due to pregnancy, childbirth, or similar medical condition.

Employers’ Duties to Accommodate Pregnant Women
An employer has various duties that he/she owes a pregnant employee. If a pregnant employee, with the advice of her doctor, asks her employer for a less dangerous or strenuous position, the employer is obligated to allow her to change positions if the change will not be ‘unduly burdensome’ to the employer.

Pregnancy and Discrimination
If you are a pregnant Bay Area employee you should know that your employer may not discriminate against you based on your pregnancy. Pregnancy discrimination is illegal under FEHA and Federal Law under Title VII. Pregnancy discrimination also includes not only discrimination based on pregnancy, but also discrimination based on potential pregnancy, childbirth and related medical conditions.

Pregnant%20Businesswoman2.jpg If you live in Northern California and have experienced pregnancy discrimination or a violation of your right to pregnancy leave, contact experienced employment attorneys, Law Offices of David H. Greenberg, LLP, at (1-888-204-1014) for a free consultation. We are here to help you! You can also visit us at www.discriminationattorney.com to learn more.

Posted On: December 30, 2008

OBESITY MAY BE A MEDICAL DISABILITY

Many Bay Area residents suffer from obesity. Obesity is defined as a condition when the percentage of body fat in an individual reaches a point where it becomes linked to health issues and increased mortality. A body mass index of 40 or higher, is often considered severely or morbidly obese.

If you are obese due to physiological reasons, and your condition meets several criteria, it may constitute a medical disability. In order to constitute a medical disability, you must be able to show that your obesity has resulted in physical limitations, that you can still perform the essential tasks of your occupation, and that your employer has taken an adverse action against you on the basis of your obesity.

Examples of ‘adverse actions’ that an employer may take against you based on your obesity may include firing, or not hiring, you because of your condition. Other examples of discrimination include your employer not allowing you to take time off of work to seek exercise therapy, or not providing you with reasonable at-work accommodations for your condition.

If you are an obese resident of Northern California, you should know you are not alone. If you believe that your obesity is a medical disability, and that your employer has discriminated against you based on your obesity, call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Posted On: December 29, 2008

SANTA CLARA, CA EMPLOYMENT ATTORNEYS

Santa Clara, California is home to one of the many California missions scattered across the state. This city is uniquely situated in the heart of Silicon Valley, and is also where Santa Clara University is located. Santa Clara is a city filled with many people from various ethnic and racial backgrounds, and has many black, Hispanic/Latino, and Asian residents.

With a socially and culturally diverse population, conflicts may arise in the workplace. However, discrimination based on your religion, race, ethnicity, national origin, sexual orientation, age, or gender is illegal.

Santa%20Clara.png If you believe you have been a victim of discrimination, call Law Offices of David H. Greenberg, LLP. Call us at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a group of highly skilled discrimination attorneys that can help you protect your rights at work.

Posted On: December 28, 2008

MEN AS WELL AS WOMEN CAN BE VICTIMS OF SEXUAL HARASSMENT AT WORK

In 2007, the Equal Employment Opportunity Commission (EEOC) received 12,510 allegations from employees claiming sexual harassment. 16 percent of the charges were filed by men. Although most people think of the ‘harasser’ as being male, and the ‘victim’ as female, women can be guilty of harassing men. Harassment also can occur when a member of one sex harasses a member of the same sex.

Harassment is defined as unwanted sexual advances, verbal conduct of a sexual nature, unwelcomed touching or physical contact, or other behaviors that create a hostile, offensive, or intimidating workplace environment.

Sexual%20Harassment2.jpg If you are a male, or female, and have been a victim of sexual harassment at work, you should know that it is illegal. Protect your rights and call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: December 27, 2008

HOSTILE WORK ENVIRONMENT LINKED WITH SEXUAL HARASSMENT

A hostile work environment exists when an individual has been harassed by an employer, supervisor, co-worker says or does something that makes the victim feel uncomfortable because of his/her sex. This creates an uncomfortable workplace environment.

In order to have an employment claim, the conduct must be ‘offensive.’ Courts have found that offensive joking, images, physical contact, leering, and unwanted requests for dates, may be sexual harassment. These unwanted behaviors can lead to the ‘hostile work environment.’ The harasser may be between people of the same sex, or of opposite sexes. A woman can be a harasser to a man.

The harassment must also be ‘severe and pervasive.’ This means that a single, isolated instance of an offensive comment may not constitute sexual harassment. However, sexual harassment is evaluated on a case-by-case basis.

Sexual%20harassment4.jpg If you believe that you have been a victim of sexual harassment, and have been suffering through a hostile work environment, please call Law Offices of David H. Greenberg, LLP, at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Posted On: December 26, 2008

SEXUAL HARASSMENT SUIT BROUGHT IN CA IN ENTERTAINMENT INDUSTRY

Brian Quintana, a co-producer of ‘Superman: Man of Steel’ is suing another co-producer Jon Peters for sexual harassment. Quintana alleges that there were several occasions when he was physically and sexually harassed by Peters. The harassment included being groped by male individuals on Peter’s behalf, as well as allegations that Peters would wrestle Quintana in a sexual manner, and that Peter’s would fondle himself in front of Quintana.

Sexual harassment does occur in the workplace, and it is illegal. The harasser may be someone of the same or opposite sex. If you have been a victim of sexual harassment at your job, you should know that you are not alone. Law Offices of David H. Greenberg, LLP is a team of skilled and experienced lawyers that can help you protect yourself. Call us at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help.

Posted On: December 25, 2008

AFRICAN AMERICAN EMPLOYEES ALLEGE RACIAL DISCRIMINATION AT BERKELY, CA RESTAURANT

A $2.1 million settlement was reached in a suit brought by a class of African American restaurant employees and applicants who asserted that the operator of Spenger’s Fresh Fish Grotto excluded African Americans from certain jobs and punished them more severely than other employees. The restaurant was located in Berkeley, California.

The court determined that $1.1 million would be distributed among the plaintiffs. $90,000 was allocated to start an administrative and monitoring fund, and $900,000 would go to attorneys fees.

Black%20chef.jpg Discrimination on the basis of race is illegal. If you have been discriminated against based on your race, you may have an employment law claim. Contact Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to protect your rights.

Posted On: December 24, 2008

CALIFORNIA LABOR CODE & UNFAIR COMPETITION LAW APPLIES TO WORK DONE BY NONRESIDENTS IN CA

In Sullivan v. Oracle Corporation the court held that CA labor code applies to nonresidents that have done work in CA. The case was brought by three workers alleging failure of overtime pay. The employees were residents of Arizona and Colorado who worked in California training Oracle customers to use the software.

Oracle.jpg If you are an out of state resident, working in CA, and you have been denied overtime, you may have an employment claim. Call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: December 23, 2008

JPMORGAN CHASE FORMER EMPLOYEES SUE OVER ALLEGED DENIAL OF OVERTIME PAY

A federal judge recently ruled that two former brokers for JPMorgan Chase & Co can sue over allegations that JPMorgan illegally denied them overtime pay. The former employees contend that they were awarded on a commission basis and that they were wrongly denied pay for hours worked beyond a 40 hour work week. The employees also argued that when customers challenged transactions executed by the brokers, JPMorgan Chase wrongly deducted the losses from the worker’s compensation. JPMorgan Chase was not available for comment.

Under federal law, certain hourly employees who work over 40 hours in one week must be paid at least one and one-half times his or her regular rate of pay for every hour worked over 40. CA has even more protective overtime laws for employees.

If you are worker in the Bay Area, and you believe that your employer is not paying you proper overtime, contact Law Offices of David H. Greenberg, LLP. We are a team of professional and skilled attorneys that can help you. Call us at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: December 22, 2008

SEX DISCRIMINATION IN SILICON VALLEY, CA

If you live in the San Fran Bay Area, you should know that discrimination at work on the basis of your sex is illegal. It is unlawful for an employer to discriminate against any worker or applicant on the basis of sex in reference to hiring, firing, training, compensation, promotion, or any term or condition of employment. It is also against the law for employers to discriminate on the basis of stereotypes about the characteristics or performance abilities of individuals of either sex. Discrimination through neutral employment policies that have disproportionate impacts on one sex that is not job related, is also illegal.

Gender%20Discrimination.jpg If you have been a victim of sex-based discrimination, you should know that it is illegal, and you are protected under the law. Call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help protect your rights.