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On July 1, 2018, California’s Fair Employment and Housing Commission regulations expand its protections against “national origin discrimination" under the FEHA. Fair Employment and Housing Act apply to public employers in California. National origin discrimination is serious, and we must actively enforce zero tolerance everywhere, at all times. California takes pride in its diversity, and the law reflects this commitment to inclusivity. The Fair Employment and Housing Act (FEHA) provides robust protections against workplace discrimination, including discrimination based on national origin. At KAASS Law, we champion the rights of employees and strive to create workplaces free from prejudice and bias. The following will explore national origin discrimination under FEHA and how we can help if your rights have been violated.
Enacted in September 18, 1959, FEHA was a big step on improving equality and fairness amongst all types of people in California. The Fair Employment and Housing Act (California Government Code Section 12900-12951 & 12927-12928 & 12955 - 12956.1 & 12960-12976) provides protection from harassment or discrimination in employment because of: age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics),, religion, sex, and sexual orientation. The Fair Employment and Housing Act (FEHA) also prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of a person's disability. The definition of disability used in California exceeds the Federal definition and can be found in the housing section of the Act.
The regulations clarify the definition of "national origin” and includes “the individual’s or an ancestor’s actual or perceived characteristics including:
The regulations also provide protections to “national origin groups” including geographic places of origin, ethnic groups, and countries that are not presently in existence. Under this definition, an employee’s protected national origin status includes:
The regulations also state that “undocumented employee or applicant employee” is the appropriate reference to someone who lacks authorization under federal law to be or work in the USA.
Since 2001, the State of California has prohibited employers from adopting a policy that prohibits or limits the use of any particular language in the workplace, unless the employer met certain notice requirements and a business necessity justified the restriction. The regulations also state additional restrictions on employers who limit or prohibit employees from using any language in the workplace. Workplace language restrictions are prohibited unless:
The regulations place some restrictions on immigration-related practices also. The employer cannot inquire into an employee's immigration status unless he can present clear and convincing evidence. Such an inquiry is necessary to comply with federal immigration law. It is also illegal for an employer to retaliate against or discriminate against the employee because of the employee's immigration status unless he can present clear and convincing evidence that such inquiry is necessary to comply with federal immigration law. The employer can’t take adverse action against an employee who updates or attempts to update his personal information because of a change in the name, government-issued employment documents, or social security number.
Discrimination isn't something we take for granted. These types of behaviors can put a toll on victims' livelihood and their finances. We can help and fight for any claims of potential financial compensation! At KAASS Law, we commit to fighting for workplace equality and protecting employees from all forms of discrimination. If you have experienced national origin discrimination, contact us today for a free consultation. We can help you understand your rights, navigate the legal process, and seek justice for the discrimination you have suffered.
If you believe there has been discrimination against due to your national origin, we invite you to contact our Los Angeles employment lawyer at (310) 943-1171 for a free consultation and case review.
Debt can be a stressful burden, but dealing with aggressive or unethical debt collectors can make a difficult situation even worse. Fortunately, the Fair Debt Collection Practices Act (FDCPA) provides crucial protections against harassment and abuse by debt collectors. At KAASS Law, we commit to helping consumers understand their rights under the FDCPA and fight back against unfair debt collection practices.
Enacted in 1977, the FDCPA is a federal law that regulates the conduct of collectors. It prohibits a wide range of abusive, unfair, and deceptive practices, empowering consumers to stand up to harassment and seek justice for violations.
According to the Fair Debt Collection Practices Act (FDCPA) it is unlawful for the debt collector to use unfair, abusive, or deceptive practices when collecting debts. Types of debt that are covered under the FDCPA include:
Gender discrimination happens when the company treats an employee differently because the person is a man or a woman. Gender discrimination in the workplace can be in different forms and the law applies to both women and men, though women are considered the predominant victim.
This is a federal law which prohibits employers from discriminating against several protected classes, including sex and gender. Title VII, Civil Rights Act of 1964 applies to employers who have fifty of more employees. It applies to federal, state, local governments, employment agencies public and private universities or colleges and labor organizations.
Equal Pay Act of 1963 is a federal law which expands on Title VII of the Civil Rights Act. The Act only protects against wage discrimination, unlike Title VII which covers all types of employment discriminations.
Age discrimination happens when the job applicant or an employee receives less favorable treatment because of his age. California two main sets of law: the federal Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA) protect the employees against age discrimination.
It is against public policy to discriminate against employees over the age of 40 based on their age. This includes treating employees differently due to age, with respect to the employees:
Some common examples of age-based discrimination include:
Are you wondering if you have been a victim of employee disability discrimination in California? According to California Fair Employment and Housing Act (FEHA), it is unlawful for the employer to discriminate against any person based on mental or physical disability. Americans with Disabilities Act (ADA) protects qualified employees and applicants from employment discrimination based on disability.
According to CACI 2540 to establish the claim of employment discrimination based on disability the plaintiff must be able to establish the following elements:
Plant closings and mass layoffs are devastating events for workers, families, and entire communities. The sudden loss of income and benefits can create significant financial hardship. This can also be an emotional toll since unemployment can be equally devastating. In the United States, while the right to close a plant or lay off workers generally rests with the employer. However, there are federal and state laws in place aimed at providing some protection and assistance to affected employees. Here at KAASS LAW, we want to explore these laws. The following will aim towards focusing on the key federal legislation for plant closings and layoff laws. The decision to close a plant or lay off employees is a very serious matter. It carries significant consequences for both the company and its workforce. In the United States, a complex web of federal and state laws governs these actions. This aims to protect workers' rights and provide some level of support during difficult transitions. California employees have some certain rights in case their employer closes a facility, conducts a mass layoff, or otherwise cuts a huge number of jobs. Though employees don’t have a legal right to keep their jobs. Nor to be hired into other positions with the company or be considered for rehire, but they have the right to a certain amount of notice before a large-scale layoff or a plant closing. According to the federal Worker Adjustment and Retraining Notification Act (WARN) employees are entitled to damages in this case employer fails to give proper notice. California also has its own version of the WARN Act
Slip and fall accidents are more common than you might think, especially in California. Picture this: you're walking down a grocery store aisle, and suddenly, you find yourself on the floor, nursing a twisted ankle or worse. These incidents, often dismissed as minor mishaps, can lead to serious injuries and significant expenses. If you have an injury due to a slip and fall accident in California, understanding your rights is crucial. Personal injuries that cause slip and fall accidents are under premises liability laws. This allows victims, injured as the result of the negligence of the property owner to recover compensation for their injuries.
According to Civil Jury Instruction 1000, the plaintiff must establish the following four elements to prove a premises liability claim:
Employees who are temporarily out of work due to no fault of their own may be eligible for unemployment benefits. However, eligibility requirements, prior earnings requirements, benefit amounts, and other details differ by state. The following are the basic guidelines for receiving unemployment benefits in California. The Employment Development Department in California is the agency in charge of unemployment benefits (EDD).
The impact of COVID-19 does not require a person to have a layoff in order to receive benefits. Additionally, federal laws have changed in order to include those out of work due to the virus. Now, states can pay benefits in the following situations:
During the COVID-19 epidemic, the Wage and Hour Division is devoted to preserving and improving the welfare of workers. During the epidemic, federal regulations such as the Fair Labor Standards Act and the Family and Medical Leave Act give crucial worker rights.
According to the Family and Medical Leave Act, covered workers can take up to twelve weeks of job-protected, unpaid leave a year due to a medical condition. The Family and Medical Leave Act covers employers who have employed fifty or more workers for twenty or more weeks of the current or preceding year. Employees must have worked for the company for at least twelve months to be able for FMLA leave.
An employee will certainly qualify for twelve weeks of job-protected leave in case he has been tested positive for coronavirus. In case a person takes care of a family member with coronavirus, he also qualifies for up to twenty-six weeks of FMLA leave over a twelve-month period.
The COVID-19 pandemic presented unprecedented economic challenges for businesses across the United States. In response, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020. A key component of this legislation was the expansion of Small Business Administration (SBA) loan programs, designed to provide crucial financial relief to struggling businesses. While many of the initial CARES Act programs have concluded, understanding the legacy of these programs and their impact remains essential for businesses navigating the post-pandemic economic landscape. This blog post will explore the key SBA loan programs introduced or modified by the CARES Act, focusing on the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program, and discuss their lasting impact. The Coronavirus Aid, Relief, and Economic Security Act includes significant provisions that affect American citizens professionally and personally. Particularly, the CARES Act includes Paycheck Protection Program - a new loan program administered through the SBA, which provides up to $349 billion in loans to eligible entities, with such loans being subject to forgiveness under certain conditions. The hundred percent federally-guaranteed loans are available under a new subsection 36 of Section 7(a) of the Small Business Act.
SBA provided loans can be used for different purposes, such as:
Business debts are not covered under the Fair Debt Collection Practices Act.
Debt collectors are allowed to contact the employer in the following cases:
А debt collector is not allowed to contact person’s family members, neighbors, or other people about his debt unless:
In case the debt collector contacts a person about his/her debt that he/she doesn’t owe, it is important to respond in writing to dispute the debt as soon as possible. In case the person fails to respond, the debt collector will keep trying to collect the debt and can even sue him/her. A debt collector first contacts the person within five days and then he/she must send him/her a "validation notice," which contains the following information:
A person must dispute the debt in writing within thirty days of when the debt collector first contacted him/her. In this case the debt collector must stop trying to collect the debt until it can show the person verification of the debt. A person must dispute a debt in writing in case:
According to the FDCPA, debt collectors are not legally allowed to harass a person, such as:
Debt collectors cannot legally lie to a person, such as:
Debt collectors are not legally cannot engage in unfair practices, such as:
If you believe a debt collector has violated the FDCPA, KAASS Law can help you:
Dealing with aggressive debt collectors can be intimidating. KAASS Law is here to protect your rights and help you regain control of the situation. If you're experiencing harassment or unfair treatment from a collector, contact us today for a free consultation.
Get in touch with KAASS Law for more information at (310) 943-1171 or by filling out the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California’s Fair Employment and Housing Act is a state law which applies to both public and private employers, employment agencies and labor organizations. It is the most powerful anti-discrimination law in California and prohibits employers from discriminating against employees and job applicants. Individuals who are protected under this law:
Here are some examples of discrimination at the workplace based on a person’s gender.
When a person becomes the victim of gender discrimination at the workplace, he will likely experience the following:
According to the California state DFEH agency, a statute of limitations for filing an administrative charge is one year from the day of the last act of discrimination.
In California the damages available in an employment discrimination lawsuit depend on the type of discrimination involved and can include:
If you have experienced or are experiencing gender discrimination, talk to our experienced employment lawyer as soon as possible. Make sure that you do before the statute of limitations is up. KAASS Law can help you file an administrative charge and collect the right evidence to prove the claim in court. Get in touch now by giving us a call at (310) 943-1171 or by using the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California’s Fair Employment and Housing Act prohibit retirement plans with a mandatory age of retirement, but there are some exceptions, which allow for mandatory retirement.
If an employee wishes to file suit against his employer he must first file a written complaint with a DFEH. If the employee seeks to bring a claim under federal law, he can file the complaint with either the DFEH or the U.S. Equal Employment Opportunity Commission (EEOC). In case, after filing a complaint with the appropriate administrative agency, the claim is not resolved, the employee is issued a right-to-sue notice. After that, the employee may pursue his case by bringing a lawsuit in court.
According to CACI 2570, in case the plaintiff claims that the defendant wrongfully discriminated against him because of his age, he must prove the following elements to establish this claim:
If you believe you have suffered age discrimination by your employer, we invite you to contact our employment lawyer at KAASS Law to ensure that your rights are protected. We can provide you with a free consultation and case review. Get in touch now by calling us at 310-943-1171 or by using the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Plaintiff does not need to prove that the defendant held any ill will or animosity toward him personally because he was perceived to be disabled.
Examples of employment disability discrimination include:
A reasonable accommodation is any change to the application or hiring process, that way perform the main functions or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
Depending on the type of the case and the jurisdiction and type of discrimination case, a person can file with either the EEOC or DFEH. Claims must be filled in accordance with the statute of limitations. The employer can file the claim as soon as he became aware of the discriminatory conduct. After the agency receives a complaint from the employer, an investigation takes place. During this investigation, the agency will obtain relevant evidence of the employer’s unlawful conduct and in case it determines that workplace discrimination occurred. The agency can undertake one of the following steps:
If you believe that your employer has discriminated against you on the basis of a disability, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
According to the Federal WARN Act, companies that employ a certain number of employees are required to provide affected employees, their representatives and specified government officials and agencies with sixty days’ advance, written notice prior to any mass layoffs or plant closings. California’s WARN Act is much broader in scope than the federal law and affects more employers. Accordingly, companies must comply with the requirements of both laws and penalties, including up to sixty days’ back pay per employee, could be assessed for failing to provide required notice.
Federal Worker Adjustment and Retraining Notification Act and California’s WARN Act require employers to give advance notice of mass layoffs or plant closings which will result in a certain percentage of employees losing their jobs.
Under federal WARN Act employers are covered in case they have at least one hundred full-time employees or at least one hundred employees who work a combined 4,000 hours or more per week.
According to California’s WARN Act employers are covered in case they own a commercial or industrial facility, which employs at least seventy-five employees.
Mass layoffs are job cuts at a single work location. This can trigger specific legal requirements:
California law is applicable in the following cases:
Failing to comply with the WARN Act or state layoff laws can have serious consequences, including:
While legal compliance is essential, ethical considerations should also guide your actions. Treat employees with dignity and respect throughout the process. Provide support and resources to help them transition to new opportunities.
Here at KAASS LAW, we strive to best serve our clients with the fullest extent. We also attempt to inform our readers and any potential clients to strive to learn more.
Plant closings and layoffs are complex events with significant legal and human implications. By understanding the applicable laws, seeking expert legal counsel, and prioritizing open communication and ethical treatment of employees, you can navigate this challenging process with greater confidence and minimize potential risks.
California law operates on the principle of "premises liability." This means property owners and occupiers have a legal duty to maintain safe conditions for visitors. This includes customers in stores, guests in homes, and even trespassers in certain situations. When someone is injured because of a dangerous condition on another person’s property, he can sue either the owner, occupier or possessor of that property. This may include homeowners, landlords, businesses, and other property owners.
According to California Civil Jury Instruction 1003 defendant was negligent in the use or maintenance of the property in case:
If you have an injury due to a slip and fall, taking the following steps can help protect your rights and strengthen your potential claim:
According to California Code of Civil Procedure section 335.1 a victim has a two-year period for the filing of "an action for his injury to, or for the death of, an individual caused by the wrongful act or neglect of another." According to California Code of Civil Procedure section 338 there is a separate three-year deadline for filing a lawsuit over the repair or replacement of personal property was damaged in the slip and fall.
In case your slip and fall injury was caused by the negligence of a government employee then the claim you file must follow a special set of rules. You will be required to provide notice of your claim within a six-month period and give the municipal or state government a chance to respond to your allegations.
According to this rule, any damages award the plaintiff receives will reduce according to the percentage of his fault. A property owner can make different arguments to attempt to pin the blame on the plaintiff. Here are some examples of arguments:
In case the plaintiff’s California slip and fall case makes it to court, regardless of the argument the property owner makes, the state’s "pure comparative negligence rule" will determine how much compensation the plaintiff can get from the property owner. [embed]https://www.youtube.com/watch?v=7o0HMbXd0Vw[/embed]
If you sustained an injury due to a slip and fall accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet. Are you in need to services for a slip and fall accident? Our Los Angeles slip and fall lawyers at KAASS Law would be happy to help you out in every way we can. Get in touch with us now at (310) 943-1171 for assistance!
In order to receive unemployment insurance benefits, you must meet state income and time worked requirements over a set period of time known as the "base period." In most states, your base period is a one-year period that includes the last four of the last five calendar quarters worked prior to filing your claim. When determining eligibility, your unemployment agency will most likely use a base period of these four full calendar quarters. If you file an unemployment claim between January and March, your base period is January to September of the previous year, as well as October to December of the year before. The base period for claims filed in April through June is January through December of the previous year. For July through September clams, a base period of April through December of the previous year and January through March of the current year is used. Finally, claims filed from October to December have a base period of the previous year's July to December and the current year's January to June.
Employees whose hours have been limited may be eligible for partial unemployment benefits, which are typically a portion of the pay they would have did receive if they were fully unemployed. Employees who quit due to a significant reduction in hours or pay may be eligible for unemployment benefits as well. According to the Employment Development Department, the first $25 or 25 percent of employee’s wages, whichever is the greater amount, is not wages earned and won’t be reduced from his UI weekly benefit amount.
The required information can be found here: https://www.edd.ca.gov/. Select “File & Manage a Claim” to apply for unemployment benefits. Through this link, a person can also learn about the appeals process, find current benefit amounts, eligibility requirements and more.
If you or a loved one are temporarily out of work due to no fault of their own, then you may be able to get compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Fair Labor Standards Act is a federal law which sets overtime rules and minimum wage. In some cases, different rules apply depending on whether a person is an exempt or non-exempt employee. Most salaried workers are exempt from the Fair Labor Standards Act while many hourly workers are non-exempt. In case the employer decides to close due to the coronavirus outbreak, exempt employees can get their regular pay. On the other hand, according to this law, non-exempt workers, who are usually hourly employees, can't get the pay.
Generally, workers' compensation is available for those employees who suffer occupational illness or injury at work. Under workers' compensation law ordinary diseases such as cold and flu aren't compensable, even if the employee caught them from a colleague. Although, in case there is something unique to a person’s profession which makes it more likely for him/her to get a disease than any other typical employee. Then he/she might get workers' compensation. The list of such workers can include:
As the COVID-19 outbreak is very unprecedented it is uncertain under what circumstances an employee can qualify for workers' comp benefits. That’s why it is very important to consult an employment lawyer to get more about available options.
In this case, an employee can file a claim for Unemployment Insurance benefits with the California Employment Development Department. Employees must achieve certain minimal requirements in order to be eligible for benefits. Having an immigrant status that allows him or her to work, as well as sufficient previous earnings. The California Department of Employment Development did not approve the claim, employee can earn anywhere from $40 to $450 each week. In the event that an employee is temporarily let go and wishes to return to the same company. If receiving UI benefits, he does not have to meet the ordinary requirement of looking for work. However, if the individual is not attached to a specific business with a job to return to, he or she is required to look for work while receiving UI payments.
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Though the loan can’t be used for:
Eligible entities are the ones that generally have fewer than 500 employees, including the following:
Moreover, the loan can also be available to other entities in certain industries that otherwise fall under the definition of “small business concern” mentioned in the Small Business Administration Act. In some instances, those businesses can have up to 1,500 employees and still be considered a small business concern.
Loans can be provided for up to a ten-year term at 4 % interest, from 6 months and up to 1-year deferral of principal and interest payments. Loans are available with:
Loan borrowers must show that it is necessary due to the uncertainty of current economic conditions; that they are not getting duplicative funds for the same uses and that the loan will be used to maintain payroll, retain workers, or make lease, utility or mortgage payments.
The maximum loan amount is the lesser of $10 million or two-and-a-half months’ payroll (salaries, leave, insurance, taxes, etc.), calculated by the business’s average total monthly payments for payroll costs incurred during the previous one-year period.
Loan borrowers will be eligible for loan forgiveness for eight weeks commencing from the origination date of the loan of payroll costs and utility, rent or mortgage interest payments. The eligible payroll cost doesn’t include yearly compensation of more than $100,000 for individual employees.
A borrower must submit to the lender an application with the required information after which the lender will have 60 days to issue a decision. A borrower must provide the following information:
The CARES Act SBA loan programs, particularly the PPP and EIDL programs, played a vital role in mitigating the economic impact of the COVID-19 pandemic. While these specific programs have concluded, their legacy continues to shape the business landscape. Businesses should be aware of the ongoing SBA loan programs available to them and consult with financial and legal professionals to determine the best options for their specific needs. Here at KAASS, we help our clients as best as possible to navigate any potential relief from the government.
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2020/03/output_HD720-1-3.mp4"][/video] Are you in need of Coronavirus legal help in California? Our attorneys at KAASS Law are ready and willing to provide you with the services that you need!