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Have my rights under FMLA been violated?

There may come a moment in a Californian's life where they need to take extended time off of work, be it for family or health reasons. Fortunately, there is an act that allows you to get that time off without fearing job loss. It's called the Family and Medical Leave Act, or FMLA. The Law Offices of Mauro Fiore JR., are here to step in and help if you feel that your protection under this act has been violated.

Part 2: Understanding whether you are an independent contractor

This is the second part of a two-part blog on the difference between an independent contractor and employee in California. When you understand the distinction, you are in a better position to understand your rights as a worker. At the Law Offices of Mauro Fiore, Jr., we know the finer points of the law and how California’s laws are designed to protect individual workers.

Part 1: Understanding whether you are an independent contractor

Even when you are classified as an independent contract in California, you may actually be an employee of the organization or company where you work. Often the distinction between independent contractors and employees is not as clear you may think, regardless of the contract you entered into or the way you are paid. At the Law Offices of Mauro Fiore, Jr., we understand your rights and the obligations of employers under California law.

What is a noncompete agreement?

California workers like you need to be careful when reading over details of contracts before you get a job. We at the Law Offices of Mauro Fiore Jr. will use noncompete agreements as an example, as these agreements have the potential of hurting your future job prospects before you even leave your current job.

What threats may whistleblowers face?

California employees who "whistleblow" essentially call out their employers for practices that go against the law or are unethical in some way. While something like this should be applauded, it unfortunately can be met with retribution or actions against you that can make your time at work miserable and difficult.

What is workplace discrimination?

California workers like you don't have control over the actions or words of your bosses or coworkers. This can sometimes result in discrimination. The Law Offices of Mauro Fiore, JR. are dedicated to protecting you from discriminatory practices or actions while you're at your job.

ERISA fiduciaries and their outsourcing

When Californians choose to set up certain retirement plans, they are not without safeguards established by the federal government. The Employee Retirement Income Security Act of 1974 (ERISA) mandates certain minimums standards, which must be complied with by plan administrators in the private sector. ERISA protects individuals by requiring those who control plans to be held to the highest fiduciary standards. The law also requires that individual participants be kept informed about their plans and able to submit grievances in order to secure their plan benefits. In the event that a fiduciary breaches certain duties outlined under ERISA, the same is liable to an individual participant for their breaches. A person who sues under the law may be entitled to attorney fees.   

New position from DOJ says LGBT workers not protected

A new brief filed by the Department of Justice reversed their position on LGBT discrimination in the workplace, and employees in California and across the nation are paying attention. According to Business Insider, the DOJ weighed in on a case currently in the Second Circuit Court, saying that Title VII of the Civil Rights Act of 1964 does not cover discrimination based on the sexual orientation of an employee.

Californians may see wage hike in 2018

While many people in California might work in jobs where they are paid on salary, many others work in jobs where they are paid based upon an hourly rate. These people and their employers understandably watch the laws about minimum wage requirements, overtime and related topics. This year the California leglislature passed a law that put the minimum wage on track to reach $15 per hour in the next five and a half years.

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Law Offices of Mauro Fiore, Jr.

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