health benefit exchanges and marketplaces under, 115 individual mandate under, 113 introduction to, 113 Medicaid/Medi-Cal under, 116 navigators for,

Transcription

1 1 INDEX A Abortion healthcare workers, rights regarding, 275 unlawful questions, not to be asked by employers, regarding, 22 ACA (Affordable Care Act of 2010) COBRA, and health benefit exchanges, 115 Covered California (California Health Benefit Exchange) Affordable Care Act (ACA) and, 113, 115 fingerprint requirements under, 24, 39, 62 navigators, health insurance, under, 116 SHOP Exchange, small business marketplace under, 115 discrimination and retaliation, protections under,115 employer mandate under, health benefit exchanges and marketplaces under, 115 individual mandate under, 113 introduction to, 113 Medicaid/Medi-Cal under, 116 navigators for, 116 rights under, 270, 281 significant changes in medical coverage under, 116 tax credits and subsidies under, unions and, 116 ADA (Americans with Disabilities Act) AIDS/HIV testing results and, 306 complaint, filing under, 192 discrimination under, 172, 174, 178 drug testing under, reasonable accommodation, employer's duty under, records retention under, 300 retaliation protections under, serious health condition, as disability under, 143 ADEA (Age Discrimination in Employment Act) complaint, filing under, 192 defenses, employer, under, 25 discrimination under, 21, 25, 172, 174 records retention under, 300 retaliation protections under, 189 Administrative agencies, obtaining information from, 8 Administrative exemption to IWC orders, 74 Administrative order, disclosure of healthcare records pursuant to, 310 ADR (Alternative dispute resolution) system, Affordable Care Act (ACA) of 2010 COBRA, and health benefit exchanges, 115 Covered California, California's Health Benefit Exchange, 115 discrimination and retaliation, protections against, under,115 employer mandate under,

2 2 health benefit exchanges and marketplaces under, 115 individual mandate under, 113 introduction to, 113 Medicaid/Medi-Cal under, 116 navigators for, 116 rights under, 270, 281 significant changes in medical coverage under, 116 tax credits and subsidies under, unions and, 116 Age Age Discrimination in Employment Act (ADEA). See Age Discrimination in Employment Act (ADEA) applicants, unlawful questions, harassment based on, 185 Age Discrimination in Employment Act (ADEA) complaint, filing under, 192 defenses, employer, under, 25 discrimination under, 21, 25, 172, 174 records retention under, 300 retaliation protections under, 189 Agricultural employees Agricultural Labor Relations Act, 244 IWC Order covering, 67 lead hazard standard for, 206 meal periods for, NLRA, exclusion from coverage, 243 overtime, 76 paycheck regulations, 98 personnel file, entitled to copy of, 295 pesticide restrictions, applicability to, 211 piece-rate work, 82 seventh workday, pay for, 87 Agricultural Labor Relations Act (ALRA), 244, 246 Agricultural Labor Relations Board (ALRB), 244, 246 AIDS/HIV Comprehensive AIDS Resources Emergency (CARE)/HIPP Program, 118 healthcare records, special protection of, 38, 294, 299, 302, 305 Medi-Cal coverage for, 116 screening, discrimination based on, 28 testing, confidentiality of, 306 Alcohol treatment records, protection of, 305 ALRA (Agricultural Labor Relations Act), 244, 246 ALRB (Agricultural Labor Relations Board), 244, 246 Alternative dispute resolution (ADR) system, Alternative workweek schedules, Americans with Disabilities Act (ADA) AIDS/HIV testing results and, 306 complaints, filing under, 192 discrimination under, 172, 174, drug testing under, 43 45

3 3 reasonable accommodation, employer's duty under, records, retention duration under, 300 retaliation protections under, serious health condition, as disability under, 143 AmeriCorps, exemption from IWC orders, 67 Appeals Berman hearing process, (Order, Decision, or Award (ODA)), ERISA, healthcare records, appeal from denial of access under HIPAA, 307 SDI, 129 Unemployment Insurance, 162 Veterans Administration (VA), pensions and disability, 165 Workers' Compensation Appeals Board (WCAB), 216, , 223, , 227, 233, Appearance standards, 30 Applicants bonds, requiring, 23, 28 commercial drivers, permitted questions, 25 copies of applications, 20 drug testing, 32, English fluency requirement, 30 forced patronage, 29, 95 grooming, dress and appearance standards, 30 health Information and records, rights regarding access to records, right to limit, 31 drug testing, 32 medical release, right to refuse to sign, 31 investment in business, requiring, 29 labor disputes, right to information about, 18 19, 29, 250 lie detector tests, requiring, 30 medical examination, right to unbiased, military service, questions regarding, 25 obesity, disability under FEHA, 30 photographs, requiring, polygraph tests, requiring, 30 relocation requirement, 29 residency requirement, public employers, 29 rights prior to application, unlawful questions, not to be asked by employers, regarding age, ancestry, 21 arrests and arrest records, associations, bonds, cash, 23 child or family support, 24 color, 21 credit rating, 24 disability, 23 gender, gender identity/expression, immigration, 21

4 4 marital status, memberships, national origin, 21 nationality, 21 other, 25 police records, politics, pregnancy, 23 race, 21 religion, 23 sex, sexual orientation, 22 Apprentices, minimum wage exception for some, 75 Arbitration alternative dispute resolution (ADR) system and, 219 claims under, 106 collective bargaining agreements and, , 246, 251, defined, 9, non-union employees and, 106 union contractual agreement requiring, 9 13, 106 workers compensation, effect on, 219 Arrests, 23, 24, 38, 45, 50, 52, 56 57, 58 60, 62 63, 299 Asbestos duty to protect workers from, whistleblowers and, 285 Assignment of wages, 96, 269 Associations, unlawful questions of applicants, Attorney s fees applicants, denial of right to information about labor disputes, 250 consumer credit reports inspection, failure to allow, 53 investigative agency files, misuse of, 50 misuse of, 48 notice, failure to give, discharge or discipline, 266 employment agencies, from, 18 employment counseling services, from, 19 healthcare record violations, 303, insurance files, misuse of, 56 job listing services, from, 19 local government, failure to allow inspection of individual's files, 55 nurses registries, from, 20 personnel file violations, 295 photographs, misuse by employers, 30 police records attempting to have employee obtain, 58 expunged records, misuse of, 58 unlawful access or disclosure of, 57 records, obtained without consent of employee, 38

5 5 reimbursement for legal expenses, 97 wage claims, unsuccessful and, 103 whistleblower violations, 284 Workers' Compensation, strictly regulated, 220 At-will employment factors that may Indicate, 257 factors not indicating, 257 overview of, B Babysitters Domestic Worker Bill of Rights, exception from, 70 IWC orders, exemption from, 67 workers compensation, exclusion from coverage, Baking industry, meal periods, 92 Banking institutions, access to police records by, 63 Bankruptcy Act, 28 Bankruptcy, discrimination based on, 24, 27 28, 53 Banks, access to police records by, 63 Benefits ACA (Affordable Care Act of 2010) COBRA, and health benefit exchanges, 115 Covered California, California's Health Benefit Exchange, 115 discrimination and retaliation, protections against, under,115 employer mandate under, health benefit exchanges and marketplaces under, 115 individual mandate under, 113 introduction to, 113 Medicaid/Medi-Cal under, 116 navigators for, 116 rights under, 270, 281 significant changes in medical coverage under, 116 tax credits and subsidies under, unions and, 116 bone marrow/organ donation leave, 164 California Public Employees' Pension Reform Act of 2013 (PEPRA), California Secure Choice Retirement Savings Plan, 165 COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985), 111, 115, , 147 employer healthcare plans coverage after termination or loss of dependent status (COBRA), continuation of, 111, 115, , 147 pre-existing conditions, coverage of, 117 procedures for enforcing terms of a health insurance plan, health maintenance organization (HMO), 117 traditional health benefits under, 117 ERISA (Employee Retirement Income Security Act of 1974) employer's responsibilities under, , 117 pension benefits under, 111 plans, funding under, 111 plans, minimum standards under, 111 records, retention duration under, 301

6 6 retaliation claims under, 284 severance pay, claims under, 106 trust funds under, 77, 90 vacation leave, payment of accrued upon separation, under, 119 welfare benefits under, 111 workers compensation exemption, 111 family leave, See Family leave healthcare plans. See Healthcare plans kin care, , 124, 153 overview of, Patient Protection and Affordable Care Act (ACA) of See Affordable Care Act (ACA) of 2010 PEPRA (California Public Employees' Pension Reform Act of 2013), pregnancy disability leave. See Pregnancy disability leave school or licensed child care visits,164 SDI. See State Disability Insurance (SDI) sick leave and kin care. See Sick leave and kin care State Disability Insurance (SDI). See State Disability Insurance (SDI) Unemployment Insurance (UI). See Unemployment Insurance (UI) vacation leave. See Vacation leave veterans benefits disability and, 165 fee and tax waivers and, 167 FMLA and, , 137, 144 health and related, hiring preference, 25 homeless, special protections, other assistance, 167 pensions and, 165 resources for, 165 service-connected disability and, 166 Veterans' Employment and Training Service (VETS), 194, 284 Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974, 173, 174, 193 workers compensation (See Workers compensation) Berman hearings, Blocking information upon identity theft, 47 Bona fide occupational qualification (BFOQ) defense, 21, 23, 25 27, 30, Bonding leave, 129, 131, 136, 139, , Bonds applicants, requiring from, 23, 28 cash, as deposit for employer provided goods, 94, 96 employees, requiring from, 28, 94, 96 employer s duty to pay, 23, 28 Federal Bonding Program (FBP), 28 fidelity, 28 refusal of bond, 28 U.S., voluntary deductions, 95 Bonuses calculation of, 87 general rules regarding, 87 separation from employment, following, 87

7 7 Unemployment Insurance, effect on, 163 Brown Act. See Meyers-Milias-Brown Act (MMBA) Bureau of Field Enforcement (BOFE), 104 Business necessity, as defense against discrimination claims, 25 27, 177, 184, C Cal-COBRA, California Constitution discharge or discipline, public employees and, , discrimination and, 170 drug test requirements under, 44 picketing and, privacy, right to under, 294, 298 "protected rights" under, residence requirement, limits on, for public employees under, 29 whistleblower rights, public employees and, 279 California Depart. of Fair Employment and Housing (DFEH). See Depart. of Fair Employment and Housing (DFEH) California Drug-Free Workplace Act of 1990, 42 California False Claims Act, 284 California Family Rights Act (CFRA). See Family leave California s Health Benefit Exchange (Covered California) Affordable Care Act (ACA) and, 113, 115 fingerprint requirements under, 24, 39, 62 navigators, health insurance, under, 116 SHOP Exchange, small business marketplace under, 115 California Highway Patrol, 68 California Invasion of Privacy Act, 40 California Office of Privacy Protection, 313 California Pregnancy Disability Leave Act (PDL). See Family leave California Public Employee Relations (CPER), "Pocket Guides", 54, 245, 265 California Public Employees' Pension Reform Act of 2013 (PEPRA), California Public Records Act, 54 California Secure Choice Retirement Savings Plan, 165 California State University discharge or discipline of employees, 263 Higher Education Employer-Employee Relations Act (HEERA), labor relations in, 244 personnel files, right to inspect, Pregnancy Disability Leave (PDL) Act, rights of female employees of, 149 retaliation claims, 281, 283 Workers' Compensation, work-related criminal act of violence exception for employees of, 229 California Training Benefits (CTB) program, California Whistleblower Protection Act, 282 California Work Opportunity and Responsibility to Kids Program (CalWORKS), 163, 273 Cal-OSHA discharge or discrimination unlawful, for assisting, 199 harmful substances exposure, duty to record and monitor under, health and safety, employer's duty to safeguard under, 198 injuries and illnesses, duty to keep records under, 201, 202 Injury and Illness Prevention Program (IIPP), requirements under, 201 overview of, retaliation, prohibited under,

8 8 safety, health and sanitation violations, claims for, , 213 tools and uniforms, 98 unsafe conditions, refusal to work in, 199 CalWORKS (California Work Opportunity and Responsibility to Kids Program, 163, 273 CARE (Comprehensive AIDS Resources Emergency/HIPP Program, 118 Cash, payment of wages by, 100, Certification convictions, effect of, on jobs that require, 59, 61, 63 medical leave, family and, 141, PDL Act, requirements under, 150 residential facilities for developmentally disabled, 61 SDI, 126, 128 U visa, victim of crime, 35 CFRA(California Family Rights Act). See Family leave Changing rooms, 42, 206, 209 Charges. See specific agency or topic Charitable functions, time spent during, 85 Child abuse, whistleblowers and, 277, 288 Child daycare employees, special whistleblower protections, 286 Child support, unlawful questions of applicants, 22 Civic functions, time spent during, 85 Civil rights. See Discrimination Civil Rights Act of 1866, 174 Civil Rights Act of 1871, 174 Civil Rights Act of See Title VII Civil Service Reform Act of 1978, 241, Civil service protections against discharge or discipline, 256, 258, , Claims Labor Commissioner. See Labor Commissioner, claims with preparing to document for, 9 10 undocumented immigrant workers, earned wages and, 15 where to pursue arbitration and, 12 courts and, criminal prosecution and, 12 documentation for, 9 10 enforcement agencies, 11 "independent contractors", employees wrongly classified, and, 14 Labor Commissioner, time limits for, 12 union contracts, special rules for wage and hour, union grievance procedure for, 10 Coast Guard, 289 COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985), 111, 115, , 147 Collective bargaining agreements Affordable Care Act (ACA) and, 116 arbitration under, 11, 12, 106, 256 benefits, employer's duty to fund under, 112 compensatory time off (CTO or "comp time" ) and, 78

9 9 confronting employers under, 9 deductions from wages under, 93 94, 95, 96 discharge or discipline under, , 259 family leave and, 156 fixed-term contracts under, 258 grievance procedure under, 10, 85, 254 IWC orders, applicability of to employees covered by, 70 just cause or good cause requirement, included In, labor commissioner claims under, 10 11, 105 minimum wage and, 75, 85, 105 overtime exception, 77 pensions under, 112 performance evaluations, access to under, 54 prevailing wages on public works projects and, 81 public employment and, 258, retaliation and, 281 SDI, integrating benefits and, 130 sick leave pay under, 90, 120, 123, 130 special rules for wage and hour claims under, state employees, letters of reprimand and, 54 strikes in violation of, union grievance procedure under, 9, 10 vacation time for employees covered by, 90, 119, 262 wage and hour claims under, 11, wage claims covered by excluded from Labor Commissioner jurisdiction, whistleblowers and, 283 Collective bargaining rights, 246 Colleges and universities. See California State University; University of California Commercial drivers, permitted questions, 25 Commercial employees, use of detectives in discharge or discipline, Commercial vehicles, whistleblowers and, 288 Commissions IWC overtime orders, commission sales exemption, 69 minimum wage and, 82 overview of, 86 "regular rate of pay", calculation includes, separation from employment, following, Community care facilities, access to police records by, 59 Community Care Licensing Division, 61 Community colleges discharge or discipline of employees, 263, 285 Education Employment Relations Act (EERA), governs labor relations at, 244 personnel files, right to inspect, 294, 296 Compensation. See Wages Compensatory time off ("comp time" or CTO) in lieu of overtime private sector employees, public sector employees, 79 Complaints. See specific agency or topic Comprehensive AIDS Resources Emergency (CARE)/HIPP Program, 118 Computer Fraud and Abuse Act, 42

10 10 Computer professional exemption to IWC orders, 72 Concerted activity confronting employers as, 9 information, regarding, 8 right to engage in, whistleblowers and, 278 Concluding tasks, time spent during, 84 Confidential information Covered California (California Health Benefits Exchange) and, 24 credit rating, questions about, and, 24 employers, limit to access to, 299 healthcare Information, protected, investigations by employers, 39 whistleblowers and, 279 Confronting the employer anti-retaliation laws when, 9 claim, preparing to document before, 9 10 collective bargaining agreements, under, 9 concerted activity when, 9 help, importance of getting before, 9 rights, preservation of before, 10 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 111, 115, , 147 Constructive discharge, 160, 254 Consumer Affairs Department, complaints to, 39 Consumer Credit Protection Act, 284 Consumer credit reports consumers, rights of, employees, rights of, Fair Credit Reporting Act (FCRA), 46, 48, 51, 53, 266 files, right to view, identity theft, rights regarding blocking information, 47 security alerts, 47 security freezes, inaccurate information, right to correct, inspection, right to, 53 investigative consumer reports inspection, right of, 53 investigations conducted without use of investigative consumer reporting agency, 52 notice, right to, obsolete information, right to remove, 50 overview of, prohibited information, right to remove, 50 notice, right to consumer credit reports, 51 investigative consumer reports, negative employment outcome, 53 obsolete information, right to remove consumer credit reporting agencies, 49

11 11 investigative consumer reporting agencies, 50 overview of, reporting agencies, duties of, Corruption, whistleblowers and, 290 Court costs applicants, denial of right to inform about labor disputes, 250 consumer reports, investigative, violations of right to written notice, 52, 266 credit reports violations of identity theft "security freeze", 48 violations of right to notice, 51 discharge or discipline, 266 employment files, violations of right to inspect, 295, genetic testing, violations of confidentiality of results, 306 health records, violations of, 307 insurance files, violations of right to see, copy, and correct, 56 legal expenses, reimbursement for, 97 local government files, violations of right to inspect and copy, 55 photos of employees, misuse of, 30 police records, arrests and convictions, violations of, 57, 58 Private Attorneys General Act (PAGA), Labor Code violations and, 284 wage statements, employer's failure to provide, 101 whistleblowers and, 284 Court order, disclosure of healthcare records pursuant to, 310 Covered California (California Health Benefit Exchange) Affordable Care Act (ACA) and, 113, 115 fingerprint requirements under, 24, 39, 62 navigators, health insurance, under, 116 SHOP Exchange, small business marketplace under, 115 CPER (California Public Employee Relations), "Pocket Guides", 54, 245, 265 Credit rating, unlawful questions of applicants, 24 Credit reports. See Consumer credit reports Criminal investigations and records. See Police records Criminal offenses asbestos exposure violations, 205 discharge or discipline, use of detectives, regarding, 267 election officers, discharge or discipline for serving as, 273 employment agencies, by, 18 employment counseling services, by, 19 ex-felon or parolee status, disclosure of, 59 expunged records, rights regarding, 58 false charges of, as retaliation, 190 forced patronage, requiring from applicants, 29 forced patronage, requiring from employees, 95 identity theft, illegal activity, right to refuse to participate in, 279 insurance files, regarding, 56 investment in business, requiring from applicants, 29 job listing services, by, 19 nurses registries, by, personnel file violations, , 299 photographs of applicants, regarding, 29 30

12 12 police records, regarding. See also Police records attempting to have employee obtain, disclosure of, employers, limits on access to, employers, those with access to certain, ex-felon or parolee status, disclosure of, 59 legal terms, definitions regarding, 57 public utility employees with access to residences, disclosure of, 62 prosecutions for, 12 public office, discharge or discipline for seeking or holding, 272 relocation requirement, regarding, 29 SDI and, 126 trespass, union representatives, 246 voting, discharge or discipline for, 272 wage theft, whistleblower violations, , 284, Criminal prosecution of employer, making a claim for, 12 CTB (California Training Benefits) program, Customer preference, discrimination based on, 27 D Damages applicants, denial of right to information about labor disputes, 250 consumer credit reports, regarding inspection, failure to allow, 53 notice, failure to give, 51 obsolete credit information, failure to remove, 50 prohibited credit information, failure to remove, 50 disability, employer's duty of reasonable accommodation and, 182 discharge or discipline, regarding, 266, 274 employment agencies, from, 18 employment counseling services, from, 19 family leave violations, for CFRA, under, FMLA, under, 148 fingerprints of applicants, regarding, healthcare record violations, for, job listing services, by, 19 nurses registries, by, 20 personnel file violations, for, 295, 299, photographs of applicants, regarding, police records, regarding attempting to have employee obtain, disclosure of, expunged records, misuse of, 58 prevailing wage violations, for, 82 retaliation and, 190, 278 secretly recorded conversations, for, 41 security alerts, for failure to place, 47

13 13 security freeze violations, for, 48 University of California, retaliation and, 282 voting, discharge or discipline for, 272 whistleblower violations, for, , 290 wiretapping, for, 41 Daycare facilities, access to police records by, 60 "DE 2501" form, application for SDI, 127 Death benefits, survivor's, 232 Deductions from wages Affordable Care Act (ACA), individual mandate and, 113 applications, job, assignment of wages, 95, 96 bonds, 96 collective bargaining agreements, under, 95 fines and penalties, 94 forced patronage, 95 garnishments, 95 kickbacks, 95 lawful, loan repayment, 94 loss, breakage or shortage, 94 medical examinations, overpayment of wages, 94 records, retention of, required payments, SDI contributions, 95, 125 Social Security, 95 tax liens, 95 tools or uniforms, failure to return, 94 unauthorized, 11 unlawful, wage overpayments, 94 wage statements, 100, 295 worker s compensation costs, 95 Defamation as discipline, 274 Department of Fair Employment and Housing (DFEH) applicants, information regarding unlawful questions, certification for U visa, 35 complaints with applicants, by, 11, 20 23, 27 discharge, 258, 261 discrimination, 170, 174, family leave violations, for, 148 harassment, for, 186, , 275 hiring, for discrimination in, 27 nursing mothers, by, 152 overview of, 11, 170, pregnancy disability leave, 130, 152 whistleblowers, retaliation claims by, 281, 282, 284

14 14 disability discrimination, obtaining information on, 178 family leave, obtaining information on, 130, 148 investigations, 195 U visa, obtaining certification, 35 Department of Labor, United States (DOL) COBRA issues, 119 Employee Benefits Security Administration, 119 Employment and Training Administration, 28 ERISA claims, 112 family leave violations, complaints regarding, 148 federal contractors, discrimination by, 194 health and safety complaints, retaliation for, 213 retaliation claims with, 213, 281 Service Contracts Act, violations of, 274 USERRA and, 118 Wage and Hour Division, complaints to (See Wage and Hour Division, complaints to) wage releases or waivers, 102 whistleblowers, claims by overview of, 281 retaliation claims to, , 288, 290 Detectives, use of in discharge or discipline commercial, retail or service employees, public utility employees, Developmentally disabled persons healthcare records, protection of, 305 residential facilities, access to police records by, 59, 61 whistleblower rights and, 287 DIR (Industrial Relations, California Department of). See Industrial Relations (DIR), California Department of Disability discrimination Americans with Disabilities Act (ADA) and, 172 conditions considered disabilities, hiring rights and, 23 limits on major life activity, 180 mental disability, obtaining information on, 178, 180 overview of, 178 physical disability, 179 pregnancy and, 23 prohibited actions, 180 qualification for position, 180 reasonable accommodation, employer's duty to provide, Rehabilitation Act of 1973, under, 173 undue hardship, 181 Disabled persons applicants, unlawful questions, 23 conditions considered disabilities, discrimination against (See Disability discrimination) drug testing and, harassment, 185 residential facilities for developmentally disabled, access to police records by, 63

15 15 Discharge and disciplinary action abortion rights of healthcare workers, violation of, 275 at-will employment and, factors indicating, 257 factors not indicating, 257 overview of, civil service protections, collective bargaining agreements, under, 264 Constitutional protections, constructive discharge, 254 defamation as discipline, 274 defined, 254 detectives, use of commercial, retail or service employees, public utility employees, employees and union rights, regarding caution when signing documents, 260 detective, rights when employer uses, immediate actions, investigation, special rights if termination is based on an, meeting with employers, personnel file, right to review, 266 prior to discharge or discipline, 259 property, disposition of, 260 public employees, special laws for, seeking assistance, 259 TAA (Trade Adjustment Assistance Program), 268 vacation, right to accrued, 262 wages, right to prompt receipt of, WARN (Worker Adjustment and Retraining Notification Act), 268 exhaustion of administrative remedies, federal civil service employees and, 265 fraud as discipline, 274 healthcare issues and, 260 humiliation as discipline, 274 investigations by employers, based on inspection of personnel records, right of, 266 notice of investigation, right to, rights regarding, involuntary break in employment, 254 just cause or good cause requirement for collective bargaining agreements as source of, express contracts as source of, fixed-term contracts as source of, implied contracts as source of, overview of, 255 Labor Commissioner, claims with abuse reports and, child daycare workers and, 286 environmental law violations and, 288

16 16 healthcare workers and, 286 investigations by employers, based on, 266 land and sea transportation law violations and, 288 long-term care workers and, 287 personnel file, right to review, 262, 295 prisons and institutions workers and, 287 prompt receipt of wages, right to, 261 Unemployment Insurance laws and, 287 vacation time, right to accrued, 262 whistleblowers, unlawful retaliation and, military service, for, 269 mitigation of damages, 274 overview of, pension issues, 260 protected rights, for exercise of election officers, serving as, 273 free speech, 271 public employees, public office, seeking or holding, violations of law, reporting or opposing, 271 voting, public employees civil service employees, 262, 264, 265 collective bargain rights, 264 Constitutional protections and, educational employees, 263 exercise of protected rights, for, overview of, 258, 262 probationary, 257, 265, special laws for, public policy, in violation of, rights of employees, Unemployment Insurance issues, 287 unlawful employer actions, short of unlawful discharge or discipline abortion-related rights of healthcare workers, violation of, 275 harassment, based on personal characteristics, humiliation, violence, fraud, or defamation, 274 retaliatory immigration-related actions, 275 unlawful grounds for benefit protections, exercise of, (See Benefits) discrimination and, (See Discrimination and harassment) hiring, exercise of rights during, (See Hiring rights) investigations, exercise of rights concerning, (See Investigations) legal or constitutional rights, exercise of, military service and, 269 police reports, (See Police records) public employees and, qualified workers under Service Contracts Act, non displacement of, 274 right to organize, exercise of, (See Organizing)

17 17 safety and health protections, exercise of, (See Safety, health, and sanitation) wage and hour rights, exercise of, (See Wages and hours) whistleblower protections, exercise of, (See Whistleblowers) workers' compensation rights, exercise of, (See Workers' compensation) workfare worker, displacement by, 273 vacation time, right to accrued, 262 violence as discipline, 274 wages, right to prompt receipt of, workfare employees, replacement by, 273 wrongful discharge, 15, 35, , , 274, 283, 306 Discipline. See Discharge and disciplinary action Discrimination and harassment ADA, under (See Americans with Disabilities Act (ADA)) ADEA (Age Discrimination in Employment Act), under (See Age Discrimination in Employment Act (ADEA)) AIDS/HIV screening, based on, 28 bankruptcy, based on, bona fide occupational qualification (BFOQ) defense, 21, 23, 25 27, 30, business necessity defense, 25 27, 177, 184, CFRA (California Family Rights Act), under, Civil Rights Act of 1866, under, 174 Civil Rights Act of 1871, under, 174 complaints or charges DFEH, with (See Department of Fair Employment and Housing (DFEH)) EEOC, with (See Equal Employment Opportunity Commission, United States (EEOC)) exhausting administrative remedies, 192 government employers, against, lawsuit and, OFCCP, with, 194 process of filing, 193 right to sue letters, 193 time limits, 193 VETS, with, 194 Constitutional provisions prohibiting California Constitution, 170 "strict scrutiny" test under, 170 United States Constitution, 170 customer preferences, based on, 27 defenses, employer's, disability and religion disability, employer's duty to provide reasonable accommodations, religion, employer's duty to provide reasonable accommodations, disabled persons, against (See Disability discrimination) disparate impact discrimination, 26, 174, 177 disparate treatment discrimination, 174, , 280 EPA (Equal Pay Act of 1963), under, 172 exceptions to legal coverage against, and defenses to claims of employer defenses to discrimination claims, exceptions to coverage under discrimination laws, 191 Executive Order 11246, under, , 174, 193

18 18 family leave and, 171 federal contractors, by, 172 FEHA, under (See Fair Employment and Housing Act (FEHA)) gender, based on (See Gender discrimination) general overview of illegal discrimination disparate treatment discrimination, 174, disparate/adverse impact discrimination, 177 pattern-and-practice discrimination, 177 harassment and hostile work environment (See Harassment and hostile work environment) independent contractors and, 184, 185, 191 intentional discrimination, 177 investigations, preparing for, 195 laws prohibiting California, enforcement of, Federal, overview of, table of, military service and, 171, 173, 174, 191, 193, 194 Native Americans, exceptions, 173 overview of, pattern-and-practice discrimination, 177 pregnancy, based on, 152, Rehabilitation Act of 1973, under, , 191, 193 religion, based on, 178, religious organizations, exceptions, 191 retaliation enforcement, 190 laws regarding, proving, 189 sex, based on unequal pay and, 184 pregnancy discrimination, significant risk of injury or disease, based on, 27 table of laws, Title VII, under (See Title VII) VEVRAA, under, 173, 174, 193 Disease, discrimination based on significant risk of, 27 Disparate impact discrimination, 26, 174, 177 Disparate treatment discrimination, 174, Diversion programs, 23, 38, 57 Division of Labor Standards Enforcement (DLSE). See Labor Standards Enforcement (DLSE), California Division of Division of Occupational Safety and Health, California (DOSH) overview of, safety, health and sanitation violations, claims for, , 213 tools and uniforms, Documenting claims, 9 10 DOL (Department of Labor, United States) COBRA issues, 119 Employee Benefits Security Administration, 119

19 19 Employment and Training Administration, 28 ERISA claims, 112 family leave violations, complaints regarding, 148 USERRA and, 118 Wage and Hour Division, complaints to (See Wage and Hour Division, complaints to) wage releases or waivers, 102 whistleblowers, claims by overview of, 281, 284 retaliation claims, 281, 282, 284, 288, 290 Domestic worker Bill of Rights for, 70 IWC Orders, minimum wage, 70, 76 NLRA, exclusion from coverage, 243 overtime pay, 70, 76 paycheck regulations, 98 SDI coverage, 126 Unemployment Insurance exclusion, 156 workers compensation, exclusion from coverage, 217 Domestic Worker Bill of Rights, 70 Domestic partners, 22, 121, 124, 133, 134, 138, , 159, 270 DOSH (Division of Occupational Safety and Health, California) overview of, safety, health and sanitation violations, claims for, , 213 tools and uniforms, Dress standards, 30 Drinking water, duty to provide, Drug testing ADA (Americans with Disabilities Act) and, applicants and, 32, California Drug-Free Workplace Act of 1990, regarding, 42 Fourth Amendment and, 44 methods of, 43 overview of, rules regarding, searches and seizures, as, 44 Drug treatment records, protection of, 303 Duty of fair representation, Union's, 244, 251 E Economic strikes, 249 EDD (Employment Development Department, California) bonds and, 28 Paid Family Leave and, 154 SDI (See State Disability Insurance (SDI)) Unemployment Insurance (See Unemployment Insurance (UI)) veterans, educational and career assistance and, 167 whistleblowers and, 287 workers compensation claim forms, workers compensation violations, 229

20 20 Education employees discharge or discipline, special laws for, 263 family leave, 138 personnel files, right to inspect, 262, 266, 296 whistleblower protections, 285 Educational Employment Relations Act (EERA), 244, 245, 248, 251 EEOC (Equal Employment Opportunity Commission, United States) charges with applicants, by, 20 24, 27 28, 45 disability discrimination, for, 180 discharge or discipline, federal civil service employees, regarding, 265 discrimination, for, , 265 drug testing, regarding, 45 equal pay violations, for, 86 filing, harassment, for, 186, 188, hiring, for discrimination in, investigations of, 195 overview of, retaliation, for, , 284 whistleblowers, retaliation claims by, 284 investigations by, 195 obtaining information from, EERA (Educational Employment Relations Act), 244, 245, 248, 251 Elderly persons abuse, whistleblowers and, 286, domestic workers and, 69 70, 126 residential facilities, access to police records by, Election officers, discharge or discipline for serving as, 253, 273 Electronic invasion of privacy California law, 40 federal law, 41 Electronic surveillance, 40 surveillance, 41 Employee Benefits Security Administration, 119, 284 Employee Polygraph Protection Act, 39 Employee Retirement Income Security Act of 1974 (ERISA) employer's responsibilities under, , 117 pension benefits under, 111 plans, funding under, 111 plans, minimum standards under, 111 records retention under, 301 retaliation claims under, 284 severance pay, claims under, 106 trust funds under, 77, 90 vacation leave, payment of accrued upon separation, under, 119 welfare benefits under, 111 workers compensation exemption, 111 Employer healthcare plans. See Healthcare plans Employment agencies, rights regarding, 18

21 21 Employment and Training Administration, Federal Bonding Program, 28 Employment counseling services, rights regarding, 19 Employment Development Department (EDD) bonds and, 28 Paid Family Leave and, 154 SDI (See State Disability Insurance (SDI)) Unemployment Insurance (See Unemployment Insurance (UI)) veterans, educational and career assistance and, 167 whistleblowers and, 287 workers compensation claim forms from, workers compensation violations and, 229 Employment Training Panel, 163 Enforcement agencies. See specific agency English fluency requirement, 30 Entertainment industry meal periods, 92 paycheck regulations, 99 Environmental protection, whistleblowers and, 288 Environmental Protection Agency, United States (EPA), 202, 207 EPA (Equal Pay Act of 1963), sex discrimination under, 172, 174 Equal Employment Opportunity Commission, United States (EEOC) charges with applicants, by, 20 24, 27 28, 45 disability discrimination, for, 180 discharge or discipline, federal civil service employees, regarding, 265 discrimination, for, , 265 drug testing, regarding, 45 equal pay violations, for, 86 filing, harassment, for, 186, 188, hiring, for discrimination in, investigations of, 195 overview of, retaliation, for, , 284 whistleblowers, retaliation claims by, 284 investigations by, 195 obtaining information from, Equal Pay Act of 1963 (EPA), sex discrimination under, 172, 174 Equal pay for equal work, right to, 86 ERISA (Employee Retirement Income Security Act of 1974) employer's responsibilities under, , 117 pension benefits under, 111 plans, funding under, 111 plans, minimum standards under, 111 records retention under, 301 retaliation claims under, 284 severance pay, claims under, 106 trust funds under, 77, 90 vacation leave, payment of accrued upon separation, under, 119 welfare benefits under, 111

22 22 workers compensation exemption, 111 Executive exemption to IWC orders, 73 Executive Order 11246, , 174, 193 Exercise of discretion and independent judgment exemption to IWC orders, 73 Exercising your rights learning about workers rights, administrative agencies, obtaining information for, 8 Industrial Welfare Commission Orders (IWC), obtaining for, 8 Internet, obtaining information for, 8 law library, obtaining information for, 8 using this book for, 7 8 Ex-felon status, rights regarding, 59 Exhausting administrative remedies CFRA, before filing lawsuit under, 148 discharge or discipline, discrimination complaints, 192 whistleblowers, retaliation claims by, Expense reimbursement cell phone usage, 98 form of, 97 legal expenses, 97 losses, for, 97 necessary expenses, 96 protective apparel, costs of, 98 tools, costs of, uniforms, costs of, 98 vehicle expenses, 97 whistleblowers, lost wages and interest, 282 Worker's Compensation, transportation for medical treatment, Express contracts, F Fair Credit Reporting Act (FCRA), 46, 48, 51, 53, 266 Fair Employment and Housing Act (FEHA) CFRA, part of, 130 disability discrimination under, discharge and disciplinary action under, 269 discrimination, illegal, under, , 174 disparate impact discrimination under, 171 harassment under, 171, hostile work environment under, leave, discrimination under CFRA, filing complaint with, obesity, can be disability under, 30, 179 overview of, pregnancy leave under, records, retention duration under, 300 religious organizations, exemptions under, 191, 275 retaliation under, 171, 189 small employer exemptions under, 21, 22, 23, 171, 175, 178

23 whistleblower protections under, 284 Fair Labor Standards Act Domestic Worker Bill of Rights, 70 "economic reality test", wage claims under, 14 employers covered under, 175 independent contractor determination, under, 14 minimum wage under, 68, 70 overtime under, 68, 70, 76 public employees, minimum wage and overtime covered by, 68 records, retention duration under, 300, 301 whistleblowers, retaliation claims under, 284 Fair representation, Union's duty of, 244, 251 False Claims Act, California, 284 False Claims Act, federal, 270, 284 Family and Medical Leave Act (FMLA). See Family leave Family leave amount allowed amount used, 136 armed forces, family members of, generally, 136 instructional employees, 138 leave year, determining, married couples, couples, and domestic partners, 138 minimum amounts, 139 other types of family leave, effect on, 138 parental leave, 138 twelve workweeks, 136 benefits during leave, bonding leaves, 139 California law contrasted with federal law, 110, , 133, 137, 149 covered employers, 132 definitions of reasons for leave generally, providing care to family members, 135 qualifying exigency, 136, serious health condition, serious injury or illness of a covered service member or veteran, 135 discrimination and, 171 eligible employees, 132 employer notice requirements regarding CFRA, under, designation, eligibility, 141 employee rights and responsibilities, 131, 141 FMLA, under, family members for purposes of, federal law contrasted with California law, 110, , 133, 137, 149 holidays, effect of, 147 instructional employees, special rules under FMLA regarding,

24 intermittent leave bonding leave, 139 military service, effect of, 139 serious health condition, for, 139 kin care, 124 married couples, couples, and domestic partners, 138 medical certifications armed forces member, serious illness or injury, initial certification, qualifying exigency, armed forces family member, recertification, second and third medical opinions, 143 military service and impact of, family members of those serving, federal law contrasted with California law, 137 intermittent leaves, 139 next of kin, 134 qualifying exigencies, 133, 136, 137, 139, serious illness or injury, minimum amounts, 139 next of kin of members of military, 134 overview of, Paid Family Leave Insurance Program (See Paid Family Leave Insurance Program) paid leave, use of CFRA, under, 153 FMLA, under, 153 parental leave, 138 Pregnancy Disability Leave (PDL) Act, California, interaction with, , providing care to family members, for, 135 qualified reasons for taking, 133, qualifying exigencies, 133, 136, 137, 139, reinstatement, right to overview of, 147 refusal to reinstate, requests for form of, 140 included information, 140 timing of, retaliation claims, 284 serious health condition, for generally, initial certification, intermittent leaves, 139 military service and, recertification, second and third medical opinions, 143 spousal leave, 134 violations of, protections against 24

25 25 CFRA, under, FMLA, under, 148 whistleblower protections, 284 Family members family leave, for purposes of, IWC orders, exemption from, NLRA, exclusion from coverage, 243 Unemployment Insurance exclusion, 157 Family support, unlawful questions of applicants, 24 Family Temporary Disability. See Paid Family Leave Insurance Program Farm workers Agricultural Labor Relations Act, 244 IWC Order covering, 67 lead hazard standard for, 206 meal periods, NLRA, exclusion from coverage, 243 overtime, 76 paycheck regulations, 98 personnel file, entitled to copy of, 295 pesticide restrictions, applicability to, 211 piece-rate work, 82 seventh workday, pay for, 87 FCRA (Fair Credit Reporting Act), 46, 48, 51, 53, 266 Federal Aviation Administration, 259 Federal Bonding Program. See Bonds Federal contractors, discrimination and, , 175, 189, 190, 194 Federal employees discharge or discipline, 265 EEOC, discrimination charge and, 188 exemption from state laws, 14, 39, 133, 138, 170, 189, 278 FMLA and, 131, 149, 153 IWC orders, exemption from, NLRA, exclusion from coverage, 243 OSHA claim and, , 212 Unemployment Insurance exclusion, 157 workers compensation, exclusion from coverage, 218 Federal Employees Compensation Act, 218, 284 Federal False Claims Act, 270, 284 Federal Family and Medical Leave Act (FMLA). See Family leave Federal Labor Relations Authority, 243 Federal Trade Commission (FTC), 49, 50 51, 53, Fed-OSHA. See OSHA (Occupational Safety and Health Administration) FEHA (Fair Employment and Housing Act) CFRA, part of, 130 disability discrimination under, discharge and disciplinary action under, 269 discrimination, illegal, under, , 174 disparate impact discrimination under, 171 harassment under, 171, hostile work environment under,

26 26 leave, discrimination under CFRA, filing complaint with, obesity, can be disability under, 30, 179 overview of, pregnancy leave under, records, retention duration under, 300 religious organizations, exemptions under, 191, 275 retaliation under, 171, 189 small employer exemptions under, 21, 22, 23, 171, 175, 178 whistleblower protections under, 284 Fidelity bonds. See Bonds Fifth Amendment, 170, 263 Financial institutions, access to police records by, 63 Fines and penalties deductions from wages, forbidden, 94 discharge or discipline violations, 267, 272 ERISA, under, 112 health records violations, 303 hiring rights, violations, 28, 29, 30 identity theft, 311 investigations, employer violations, 40, 41, 53, PAGA, claims for civil penalties under, 107 personnel file violations, 262, 295, 298, 299 safety, health, and sanitation violations, 209, 211 vacation time violations, 119 Wage Theft Prevention Act, under, 103 whistleblower violations, 284, 285, 286, 288, 289, 290 Fingerprints, employers requiring, First aid, duty to provide, First Amendment, 247, 249, 270, 279 Fixed-term contracts, FMLA (Family and Medical Leave Act) See Family leave Forced patronage applicants, requiring from, 29, 95 employees, requiring from, 29, 95 Form DE 2501, application for SDI, 127, 128 Fourteenth Amendment, 170, 249, 263 Fourth Amendment, drug -testing requirement and, 44 Franchise Tax Board claims with, 14 security freezes and, 48 Fraud Computer Fraud and Abuse Act, 42 corporate, Sarbanes-Oxley Act of 2002, protections for reporting, 269, 290 discipline, by use of, 274 identity theft as, 47, 311, 313 whistleblowers and, 290 Free speech discharge or discipline for exercise of, , 271 First Amendment rights, 247, 249, 279

27 27 harassment, not protected as, 186 picketing and, public employees and, 270, 271, 279 strikes and, whistleblowers and, 279 FTC (Federal Trade Commission), 49, 50 51, 53, Full payment of wages, right to, 85 G Garnishments, Gender discrimination applicants, unlawful questions, 20, disparate treatment, 176 harassment, 274 hiring and promotions, during, 25, 26, 27, 30, 169 laws prohibiting, 171 pregnancy, based on, 152 sexual stereotyping, 184 unequal pay, 185 Genetic Information Nondiscrimination Act (GINA), 311 Genetic screening, 27, 306 Genetic Information Nondiscrimination Act (GINA), 311 Good cause requirement, discharge or discipline. See Just cause requirement, discharge or discipline Government agencies access to police records by, obtaining information about workers' rights from, 8 Government committees, right to appear before, 279 Government files, right to inspect and correct, Grievance procedure arbitration and, 256, 283 harassment, 185, 188 health Insurance plan, requirement for, 117 overtime pay, 70 retaliation challenge, 281 safety, health, and sanitation violations, 212 time period for filing, 10, 254, 259 time spent during, 85 union contract, under, 10, 12 13, 246 union unfair labor practice, 243, 251 wages, right to full payment, 85 Grooming standards, 30 H Harassment and hostile work environment anti-harassment law, California's, complaints, filing regarding, documenting, 9 enforcement, 188

28 28 FEHA, prohibits, 171 overview of, personal characteristics, based on, pregnant women and, 184 proving, 186 reporting, retaliation when reporting, sexual harassment, quid pro quo, 186 Hazardous substances access to information, 198, 202 Hazardous Substances Information and Training Act, 288 lead, duty to protect against, monitoring exposure to, 203 MSDS (Material Safety Data Sheet), 202 notification, 202 OSHA and, 211, 301 "red tag", duty to abide by Cal-OSHA, 211 whistleblowers, claims by, 288 written records, 202 Hazardous Substances Information and Training Act, 288 Health. See Safety, health, and sanitation Health Care Services, California Department of HIPP Program, 118 security freezes and, 48 Healthcare employees abortion-related rights, violation of, 275 meal periods, 92 whistleblower protections, 286 workplace violence and, 211 Healthcare facilities access to police records by drugs, employees with access to, patients, employees with access to, 59 safety, health, and sanitation at, 206, 207, whistleblowers and, 279, 286 Healthcare plans Affordable Care Act (See Affordable Care Act (ACA) of 2010 Cal-COBRA, 118 COBRA coverage, Comprehensive AIDS Resources Emergency (CARE)/HIPP Program, 118 discharge or discipline issues, 260 employer continuation of coverage under, enforcement of, 117 pre-existing conditions, coverage by, 117 traditional health benefits of, 117 Health Insurance Premium Payment (HIPP) Program, 118 HMOs, 117 military service, effect of, 118 PPOs, 117