Dear Eleni, December 22, 2021


BULLYING, ABUSIVE CONDUCT



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Dear Eleni
Dear EleniFINAL
BULLYING, ABUSIVE CONDUCT
Abusive conduct” is defined under California Government Code section 12950.1(g)(2) as the “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” For example, abusive conduct “may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.” Notably, there is no requirement that the abusive conduct be tied to a protected characteristic.…

SEXUAL HARRASSMENT PREVENTION RIGHTS
8 See Dickson v. Burke Williams, Inc. (March 6, 2015) __Cal.App.4th __ (discussing Cal.Govt.Code section 12940(k), which provides for a separate right of action against an employer who fails to take “all reasonable steps necessary to prevent” discrimination or harassment, but requiring first that the employee establish an underlying violation of rights and injury under FEHA.)

SICK PAY NOTIFICATION
subdivision (a) of Section 226 , 29 U.S.C. 216

Pursuant to Labor Code §246(i), employers must now “provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages.” The consequences for violating section 246(i) are set forth in Labor Code §248.5(e),



California’s Healthy Workplaces, Healthy Families Act
(the “HWHFA”) was a landmark bill enacted by the California legislature in 2014. The HWHFA requires employers to provide paid sick leave to nearly all California employees. It also imposes new payroll reporting requirements related to sick leave accrual. Pursuant to Labor Code §246(i), employers must now “provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages.” The consequences for violating section 246(i) are set forth in Labor Code §248.5(e)


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