Lawyer Monthly Magazine - September 2019 Edition

It varies. Every company should familiarize themselves with their local laws and make sure they are properly training their supervisors to prevent sexual harassment. Every employee should have an equal opportunity to succeed in the workplace. Harassment of any kind should not be tolerated in the workplace. WAGE THEFT What should employees do iftheyhaveexperiencedwage theft? What should be the first course of action? If an employee feels that they have been a victim of wage theft, it is important for them to document their received wages, and get records of their original agreement or contract that defines their expected pay rate. Having these in hand will help build your case, as the next step would be to contact a wage & hour attorney that can help guide them through the process. What are the laws regarding overtime and wage law in California? iii. Ensure the worksite premises are regularly inspected throughout each workday for possible hazards iv. Ensure all employees are trained on how to professionally interact with other employees and customers v. Ensure health and safety protocols are updated as needed, ensure employees are following the protocols, and ensure employees receive proper training regularly vi. Maintain a Human Resources department or specific protocol for employee complaints vii. When an employee reports a work-related accident, be empathetic, do not retaliate against the employee, offer medical attention, and offer a claim form. Then do an investigation as to how the employee was injured, whether health and safety protocols were followed or need to be updated. SEXUAL HARASSMENT 2018 brought sexual harassment into the limelight; can you share any changes in your jurisdiction which have addressed the issues in this area? California has always been a leader in terms of employee rights. In response to MeToo, the California Senate just passed a number of new bills, including Senate Bill 820, which outlaws secret settlements or nondisclosure agreements of factual information in cases involving allegations of sexual assault, harassment or discrimination. Along the same lines, Senate Bill 1300 prohibits employers in California from forcing employees to sign a non-disparagement agreement California law requires employers to pay overtime at the rate of one & one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in a single workday, or for any hours worked over the standard 40 hour workweek. If the employee works more than 12 hours in a workday, they are entitled to Double Time. From the above, do you often find employers not adhering to this law? Why is this the case? Los Angeles is the wage theft capital of the world, with low-wage workers losing approximately $26.2 million in wage theft every single week. Oftentimes, employers will try and get away with stealing from their workers by either making their agreements overly confusing or outright denying them their legal right to proper wages. It is a major problem for our city and we find ourselves fighting this unfair practice all the time. What checklist should companies make to ensure they avoid legal sanction regarding wage law? Again, this varies. Local law dictates wages for employees so all business owners and employers should look to their local districts for guidance on properly compensating their employees, and making sure they are within legal grounds. Being familiar with the rules from the start will allow companies to grow and provide for their workers without running the risk of legal issues later down the line, saving them more time and money than if they were to try and cut corners. to release the employer of claims, including for sexual harassment, as a condition for a raise or bonus, or as a condition of employment. What are common implicit actions which contribute towards sexual harassment? Silence around sexual harassment contributes to more of it. Fortunately, in response to MeToo, employees are more willing to talk about sexual harassment, and employers are finally taking sexual harassment lawsuits more seriously. This openness has contributed towards reducing sexual harassment in the workplace. Do you think there needs to be tighter regulations in place to ensure sexual harassment cases do not rise? Employers can do their part to make sure that sexual harassment does not rise by preventing it in the workplace. What checklist should companies make to ensure they avoid legal sanction regarding sexual harassment? Cover Feature By Ramin Younessi, Law Offices of Ramin R. Younessi 12 WWW.LAWYER-MONTHLY.COM | SEP 2019 LOS ANGELES IS THE WAGE THEFT CAPITAL OF THE UNITED STATES, WITH LOW-WAGE WORKERS LOSING APPROXIMATELY $26.2 MILLION IN WAGE THEFT EVERY SINGLE WEEK.