June 2006
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
WAGE WITHHOLDING What if your employer paid you your gross earnings each payday, and you had to dole out your tax and other withholdings to the various agencies? This would be a painful but instructive lesson in why you see so little of what you actually earn. Employers are required to withhold certain taxes and amounts ordered by a court to pay your debts. Deductions for insurance, union dues, retirement plans, and repayment of loans can also be made if you have authorized them in writing. However, employers can’t deduct for business losses or medical expenses for work‑related injuries. Have your employer explain mysterious withholdings. If you complain about inappropriate deductions, it is illegal for your employer to retaliate against you because of your complaints. Employers who improperly deduct may face criminal penalties in some states as well as stiff civil penalties. Dishonest employers may actually lose a lot more than they gain through improper deductions.	"FRIENDS' WARNING' A comedy writer’s assistant was warned about the graphic sexual nature of the material she would be dealing with prior to her engagement in the production of the “Friends” TV show. She worked on the show for four months and was fired. She alleged that the male comedy writers used coarse and vulgar language when preparing scripts for the show and this constituted harassment. The employer stated there were performance reasons for the termination. The California Supreme Court ultimately ruled in favor of the employer because it did not consider the coarse language to be targeted at the assistant or other women in the workplace. The Court stated that based on the totality of the circumstances the production was a creative workplace focused on generating adult-oriented comedy with sexual themes. The Court also placed emphasis on the assistant’s pre-employment warning about the nature of the job. This case has application in other sensitive work environments where the employee is informed about the nature of the work before accepting the job. Peter W. Taylor, Attorney
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at info@job-law.com to have your address added or removed 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, info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” 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. ©2006 by Sessions & Kimball LLP