December 2001

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work HOURLY/SALARY ARITHMETIC “Congratulations! You’re promoted to supervisor and we’ll even give you a raise, a business card and your name on the door!” But what isn’t mentioned are the ramifications of a salary status that could require unlimited hours of work¾all for the same set rate. Even though your salary may be higher than your old 40-hour per week hourly rate, you may now be working much harder for it. Also, you’re deprived of valuable overtime compensation for extra work beyond the basic workweek. In fact, it’s not unusual for supervisors to be making less money per hour worked than their hourly subordinates. That’s just doesn’t seem fair! So what do you do about it? Do the math with your boss, put limitations on your workload, insist on lucrative bonuses for achieving specific goals, or even refuse the “promotion.” Above all, do your homework before making a decision. Make sure that 2 plus 2 equals 4, and not 3.		Employee Rights Update SEX HARASSMENT LIABILITY A California appeals court recently decided to protect employees, and deprived California employers of a defense to sex harassment enjoyed by employers in most other states. Under Federal and most state laws, if a supervisor sexually harasses a subordinate, the company is not liable if there is a comprehensive company policy against sex harassment, it has a complaint procedure that she (or he) failed to use, and no tangible adverse action (such as termination or a pay cut) resulted. California law says companies are “strictly liable” for supervisory sex harassment, and now we know what that means. Even if the employer did not know of the harassment, even if it was never reported and never affected the employee’s job or pay, it makes no difference. The company has an obligation to provide a harassment-free workplace to its employees. If a supervisor harasses, the company cannot escape the consequences in California. - Mark J. Keough, Attorney
		Update on our attorneys – Don Sessions discussed employee rights issues and answered questions for an hour on KRLA talk radio. Jim Reed resolved several cases nearing trial or arbitration after lengthy court battles. Pat Turner expanded our attorneys’ computer research capabilities by having case management systems and Internet access installed.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2001 by Don D. Sessions.