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A LESSON IN CALIFORNIA’S WORKPLACE MARITAL DISCRIMINATION LAW

California isone of some 21 statesprohibiting workplace discrimination against“marital status,” defined in government regulationsas an individual’s “state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state.” In California, a “spouse” is a partner in marriage, regardless of gender.

KILLING THE MESSENGER

Federal and California law guarantee minimum wage and overtime pay, and prohibit retaliation against an employee who complains about a perceived violation of those laws. In California law, unlawful retaliation includes reporting or threatening to report any worker to U.S.Immigration and Customs Enforcement(ICE) to discourage or derail a wage claim.

NATIONWIDE MINIMUM WAGE RATES LIST

As a result, many areas have increased local minimum wage rates according to business size and consumer price index.

PREVENTING WORKPLACE DISCRIMINATION

TheCalifornia Fair Employment and Housing Act(FEHA) requires employers with five or more on payroll to engage in an “interactive process,” i.e., a timely, good faith communication to explore if and how to reasonably accommodatea physically or mentally disabled workerin order to perform theessential functionsof his or her job.

CAUTIONARY TALES EPISODE 3

TheCalifornia Labor Commissioner has sued Glendale-based Calcrete Construction, Inc. claiming $6,300,338 for the company’s willful misclassification of some 175 persons as independent contractors as well as other wage violations. The Commissioner credits theCarpenters/Contractors Cooperation Committee, a union-affiliated non-profit organization monitoring workplace compliance, for referring the case.

REQUIRING EMPLOYERS TO PAY FOR SICK DAYS; A NATIONAL TREND

Currently, no federal paid sick leave law exists. However, over the last decade, many states, counties and cities have passed distinct laws requiring covered employers to provide such benefits to designated workers.

WHAT IS YOUR LACTATION LOCATION?

San Francisco is the first California city to enact an ordinance requiring private employers to provide lactation breaks and rooms to employees who are nursing mothers.

ASKING FOR JOB APPLICANT AGE IS A NO-NO

California employers must comply with increasingly complex anti-discrimination laws. See,New Transgender Rights in the Workplace(July, 2017),High Times in California(April, 2017), andBanning the Box in Los Angeles(March, 2017).

CAUTIONARY TALES EPISODE 2

TheCalifornia Labor Commissioner has announceda $4,874,661 award against Irvine Auto Towing, Inc. and Yaco Investments, Inc. for multiple wage theft violations affecting 187 drivers, mechanics, and dispatchers.