Understand your essential workplace rights as a Manhattan Beach employee. Learn to recognize discrimination, harassment, and violations while protecting your career.

Expert guidance on selecting the right employment attorney in Los Angeles. Learn what to look for, questions to ask, and how to protect your workplace rights effectively.

Dec. 8, 2021 In the sequential evaluation of disability by the Social Security Administration (SSA), a major step is whether the individual has a condition that meets the twelve-month duration requirement and that is represented on the Social Security Administration's Listing of Impairments (LOI) or equal to a listed impairment. The LOI is divided into two parts. One part applies to individuals over age eighteen and one part is applicable to individuals under eighteen. The LOI includes fifteen major body categories: growth impairment, musculoskeletal system, special senses and speech, respiratory system, cardiovascular system, digestive system, genito-urinary system, hemic and lymphatic system, skin, endocrine system, multiple body systems, neurological, mental disorders, malignant neoplastic diseases, and immune system. An explanation for what is encompassed by each category is included. Within each category, impairments are given that are considered to rise to the level of "severe" such that they would prevent an individual from engaging in substantial gainful activity. A diagnosis falling within the parameters of the LOI must be established by medical evidence obtained through objective clinical and laboratory techniques. In many instances the required medical evidence is stated in the LOI. Absent appropriate medical evidence, a diagnosis of an impairment will not be found to appear on the LOI. Included with the other information present, the LOI sometimes states the symptoms usually associated with certain listed impairments. Even though an impairment is not specifically listed on the LOI, the SSA authorizes impairments that are the medical equivalent to a listed impairment. The medical evidence received to establish a medical equivalency is given varying weights based on the source of the evidence. For example, the medical opinions of state agency doctors and psychologists are accorded the weight of nonexamining doctors and psychologists. These opinions can be accorded greater weight if based on, for example, the complete case file that includes a medical report from a specialist in the individual's area of impairment. The opinion of a doctor or psychologist who has been appointed by the SSA Commissioner is given the weight of an expert opinion.

Non-employees and members of the public at large are protected against business(es) discrimination/harassment and retaliation under the California Unruh Civil Rights Act (Calif. Civil Code Section 51). Generally, the protected categories from non-employer/business misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Civil Code Sec. 51). Aggrieved complainant’s remedies include filing a civil lawsuit against the offending business(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable civil rights attorney’s fees, and costs, from the liable business(es). However, an aggrieved complainant may contact the California Civil Rights Department, the California government agency that is responsible for handling these business discrimination complaints. Its website address is: calcivilrights.ca.gov . The aggrieved complainant may file a written Complaint against the offending business(es) with the Civil Rights Dept. within 1 year of the business’ offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(e)(1).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

Employees and Job Applicants are protected against employer discrimination/harassment and retaliation under the California Fair Employment and Housing Act (Calif. Government Code Sections 12900—12999, inclusive). Protected categories from employer misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Gov’t. Code Sec. 12940(a)). Aggrieved employee’s remedies include filing a civil lawsuit against the offending employer(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable employment attorney’s fees, and costs, from the liable employer(s). However, an aggrieved employee must mandatorily contact the California Civil Rights Department, the California government agency that is responsible for handling these employer discrimination complaints. Its website address is: c alcivilrights.ca.gov . The aggrieved employee must file a written Complaint against the offending employer(s) with the Civil Rights Dept. within 3 years of the employer’s offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(c)(5).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

Dec. 8, 2021 Children who are blind or disabled are eligible to receive Supplemental Security Income (SSI). The Social Security Administration (SSA) considers a "child" to be an unmarried individual who is under age 18 or, if under age 22, is a student who regularly attends school. A "child" cannot be the head of a household. There is no minimum age requirement; a child may be eligible for benefits from birth. A child is disabled if he has a medically determinable impairment that causes severe and marked limitations in his ability to function, which has lasted or is expected to last at least twelve months or result in death. When the child reaches age eighteen, his disability is reevaluated under the criteria for adults, i.e. whether the individual can engage in substantial gainful activity and whether his impairment has lasted or is expected to last at least twelve months or end in death. "Blindness" for purposes of SSI eligibility means that the individual has 20/200 vision or less in his better eye even with corrective eyewear. A person is also considered "blind" if he has a limited field of vision in his better eye such that he has a contraction of peripheral visual fields to ten degrees from the point of fixation or the widest diameter of his visual field subtends an angle no more than twenty degrees. Even though a child does not meet the statutory definition of blindness, he may still be eligible for benefits pursuant to a "disability." A child's SSI benefits are based on the fact that he has "limited" income and resources. For purposes of making this determination, the SSA will impute to the child a portion of the income/resources from the child's parents. The parents' income/resources are deemed to be available to the child as long as he lives with such parents and they are not, themselves, receiving SSI benefits.

Dec. 8, 2021 In some instances, an injured employee will return to his former position and resume making the same earnings as before the injury. When such an individual has received a workers' compensation benefit, the question arises whether the employer is entitled to a credit on the amount of benefits that were paid to the employee. If the employer paid the employee's wages, intending such wages to take the place of any benefit compensation, then the employer would be entitled to a credit. However, there is rarely direct evidence of the employer's intention in this regard. Given the usual lack of evidence on the employer's intention that wages serve in the place of benefits, such intention must be gleaned from the relevant circumstances. For instance, if wages were paid, despite the fact that the employee did not work, it would be reasonable to infer the employer's intention. Likewise, if the employee is paid his pre-injury wage, though he performs a reduced workload, the employer's intention could be reasonably inferred. If the employer denies any workers' compensation liability, the wages it pays to the employee cannot be claimed as a credit for a workers' compensation payment. Additionally, any charitable payments made by the employer to the employee cannot be later recovered by way of credit. If the employer is allowed a credit, the amount of credit is determined on a weekly basis. Basically, the amount of the credit will be determined on a week-by-week basis in relation to the amount of workers' compensation benefits allowed to the employee for such week. No running tally is kept such that the overall total amount of benefits is offset by the amount of wages paid. Consider the employee who earns $400 from the employer in a specific week. The employee's compensation payment is in the amount of $250. Therefore, the employer would be allotted a $250 credit for the week. After that, a new week begins with a separate credit calculation to be made.

Dec. 8, 2021 All states provide some measure of workers' compensation coverage for those individuals employed in the public sector. Most states provide protection generally for all public employees. Others, however, identify specifically those public occupations for which coverage is extended. There are several key occupations for which coverage is often extended. These include sheriffs and police officers, firefighters, teachers, and National Guard personnel. Workers' compensation coverage for public employment does not extend to those individuals serving the public in an "official" capacity. An "official" holds an elevated position over that of an "employee" and is generally considered to be one who exercises sovereign functions of the government for the public's direct benefit. Additionally, an "official" operates and makes decisions based largely on his own independent judgment as opposed to the employee who operates at the will of the employer with little or no ability to exercise his independent judgment. Other criteria characteristic of an "official" include that his position was formally created by the government pursuant to a law, his duties are prescribed by law, his position required him to take an oath and secure a bond, and his position is limited by a finite term in office.

Dec. 8, 2021 In 1988, Congress passed the cto prevent employers from subjecting applicants and employees to lie detector or polygraph tests. Under the Act, the term "lie detector" includes a: Polygraph, Deceptograph, Voice stress analyzer, Psychological stress evaluator, or Any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. The term "polygraph" is defined under the Act as: (1) a device that records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and (2) is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. Under the Act, it is usually illegal for an employer to: Require or request that an employee or applicant take any lie detector test; Use or inquire about the results of any lie detector test of an employee or applicant; or Discharge, discipline, discriminate against, deny employment or promotion, or threaten to take any such action against an employee or applicant for refusing to take a lie detector test, on the basis of the results of a test, for filing a complaint under the Act, for testifying in any proceeding under the Act, or for exercising any rights afforded by the Act. Exemptions The Act does not apply to federal, state, or local governments. Congress has, however, declared that the Act applies to legislative employees. The Act also excludes from prohibition lie detector tests administered by the federal government to employees of defense contractors who are working on national security intelligence or counterintelligence functions. The Act also provides a narrow exception allowing private employers to use lie detector tests under the following circumstances: The test is administered in connection with an ongoing theft, embezzlement, espionage, or similar type of investigation; The employee from whom the test is requested had access to the property that is the subject of the investigation; The employer has a reasonable suspicion that the employee was involved in the activity under investigation; and The employer executes a legally-binding, signed statement, provided to the examinee before the test, that: sets forth with particularity the specific activity being investigated and the basis for testing the employee, is retained by the employer for at least three years, contains an identification of the specific loss or injury to the employer, contains a statement indicating that the employee had access to the property that is the subject of the investigation,  and sets forth the basis of the employer's suspicion of the employee. Notice Provision Employers are required to post notices of the Act's requirements in a conspicuous place. Penalties under the Act Employers who violate any provision of the Act may be subject to civil fines up to $10,000. The Wage and Hour Division of the Employment Standards Administration is responsible for enforcing the Act. Employees and applicants whose rights under the Act are violated are authorized to bring actions against the offending employer to recover lost wages, benefits, or equitable relief, such as reinstatement or hiring.