Tag Archives: san diego employment attorney

Reporting Time Pay and split shift compensation – San Diego Employment Lawyer – 619.202.0264

1. Reporting Time Pay is Warranted only if the employee works less than half of his scheduled time. Two members of a putative class claimed that AirTouch improperly failed to pay reporting time pay for days when employees were required … Continue reading

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HOW TO HANDLE SPLIT SHIFTS – San Diego Employment Lawyer – 619.202.0264

The Industrial Welfare Commission defines a split shift as a work schedule that is interrupted by a non-paid, non-working period established by the employer that is not a rest or meal period. (See IWC Wage Order No. 5, Section 2). … Continue reading

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Sexual Harassment – Environment Must be Hostile – Sexual Harassment Attorney – San Diego Employment Lawyer – 619.202.0264

In order to prove that an employer’s conduct creates a hostile work environment under Title VII, the employee must further show that her work environment could be perceived as “both objectively and subjectively offensive, [an environment] that a reasonable person would … Continue reading

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Mixed Motive Defense – Employment Discrimination

Every now and then the California Supreme Court issues that long anticipated blockbuster decision broadly impacting the employment law landscape. Landmark Supreme Court decisions that immediately come to mind are: Foley v. Interactive Data Corp., 47 Cal. 3d 654 (1988); … Continue reading

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Sexual Harassment – Environment Must be both Objectively and Subjectively Perceived as Hostile – Sexual Harassment Attorney – San Diego Employment Lawyer – 619.202.0264

In order to prove that an employer’s conduct creates a hostile work environment under Title VII, the employee must further show that her work environment could be perceived as “both objectively and subjectively offensive, [an environment] that a reasonable person would … Continue reading

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Sexual Harassment Must Create a Substantial Interference – Sexual Harassment Attorney – San Diego Employment Lawyer – 619.202.0264

Where the federal cases require a showing of severe or pervasive harassment, case law develops it’s own inquiry to satisfy a Civil Rights Act claim. Various cases do demonstrate reliance on the severe or pervasive inquiry; however, these cases have … Continue reading

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Sexual Harassment: Harassment must be Severe or Pervasive – Sexual Harassment Attorney – San Diego Employment Lawyer – 619.202.0264

Federal case law clearly establishes that for hostile work environment sexual harassment to be actionable, it must be sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. Case law on this subject does … Continue reading

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Guidelines For Hostile Work Environment Sexual Harassment – San Diego Employment Lawyer – 619.202.0264

This article will address the guidelines Courts rely upon in their analysis of hostile work environment sexual harassment. To find that an employer’s conduct has created a hostile work environment under Title VII, Plaintiff must show that the complained of conduct was “severe or pervasive” … Continue reading

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Quid Pro Quo Sexual Harassment – Sexual Harassment Creating Hostile Work Environment – San Diego Employment Lawyer – 619.202.0264

Civil Rights Act specifically defines quid pro quo and hostile work environment sexual harassment as two separate causes of action. The statute explains that quid pro quo sexual harassment occurs when “(i) [s]ubmission to the conduct or communication is made a … Continue reading

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Conduct Rising to the level of Sexual Harassment – Sexual Harassment Lawyer – San Diego Employment Lawyer – 619.202.0264

What is Sexual Harassment along the lines of Title VII and Civil Rights Act? Title VII is meant to be interpreted broadly in its analysis in order to aggressively attack the problem of sexual harassment in the workplace. The statute itself provides … Continue reading

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