ESTATE PLANNING AND TAX LAW

Estate Planning: Wills; Trusts; Powers of Attorney; Probate. Tax: IRS Practice; Planning; Audits; Resolution; Civil and Criminal Litigation. Free consultation. Call Richard D Freiman, (310)917-1021

CALIFORNIA EMPLOYEE SEXUAL HARASSMENT LAWS

The California Fair Employment and Housing Act (FEHA) states that employer sexual harassment is employer harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions. Employer sexual harassment includes many forms of offensive behavior, such as harassment of a person of the same gender as the harasser. Under the FEHA, employer sexual harassment includes but is not limited to: unwanted sexual advances; offering employment benefits in exchange for sexual favors; actual or threatened retaliation; leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters; making or using derogatory comments, epithets, slurs, or jokes; sexual comments including graphic comments about an individual's body; sexually degrading words used to describe an individual; or suggestive or obscene letters, or invitations; and physical touching or assault, as well as impeding or blocking movements. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (310)917-1021

CALIFORNIA EMPLOYEE NATIONAL ORIGIN DISCRIMINATION LAWS

The California Fair Employment and Housing Act (FEHA) prohibits employer national origin discrimination. Employer national origin discrimination is prohibited in all employment practices, including: advertisements; applications, screening, and interviews; hiring, transferring, promoting, or separating employees; working conditions; participation in training or apprenticeship programs; and employee organizations. California employees are protected from retaliation by their employer for filing a complaint alleging national origin discrimination with the California Department of Fair Employment and Housing (DFEH); participating in the investigation of a complaint; protesting possible violations of the law; or filing a lawsuit. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (310)917-1021

CALIFORNIA EMPLOYEE RACE DISCRIMINATION LAWS

The California Fair Employment and Housing Act (FEHA) prohibits employer race discrimination. Employer race discrimination is prohibited in all employment practices, including: advertisements; applications, screening, and interviews; hiring, transferring, promoting, or separating employees; working conditions; participation in training or apprenticeship programs; and employee organizations. California employees are protected from retaliation by their employer for filing a complaint alleging employer race discrimination with the California Department of Fair Employment and Housing (DFEH); participating in the investigation of a complaint; protesting possible violations of the law; or filing a lawsuit. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (310)917-1021

CALIFORNIA EMPLOYEE MEDICAL DISCRIMINATION

The California Fair Employment and Housing Act (FEHA) prohibits employer medical condition discrimination (physical or mental. Employer medical condition discrimination is prohibited in all employment practices, including: advertisements; applications, screening, and interviews; hiring, transferring, promoting, or separating employees; working conditions; participation in training or apprenticeship programs; and employee organizations. California employees are protected from retaliation by their employer for filing a complaint alleging employer medical condition discrimination with the California Department of Fair Employment and Housing (DFEH); participating in the investigation of a complaint; protesting possible violations of the law; or filing a lawsuit. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (310)917-1021

EMPLOYEE EQUAL PAY DISCRIMINATION LAWS

According to the U.S. Equal Employment Opportunity Commission: The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work i.e. there should be no equal pay discrimination Job content (not job titles) determines whether jobs are substantially equal regarding employer equal pay compensation. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. Concerning employer equal pay discrimination, if there is an inequality in wages between men and women, employers may not reduce he wages of either sex to equalize their pay. Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII. Equal Pay Discrimination is illegal in California. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (818)917-1021

CALIFORNIA EMPLOYEE AGE DISCRIMINATION LAWS

As stated by the United States Equal Employment Opportunity Commission: If you are age 40 or older, you are protected by the Age Discrimination in Employment Act (ADEA). The law forbids discrimination in any aspect of employment including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is also unlawful to harass someone because of his or her age. Harassment can include offensive remarks about a person's age. Although the law doesn't protect you from simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age. The California Fair Employment and Housing Act prohibits age discrimination and/or harassment. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation, call: Richard D. Freiman Attorney at Law (310) 917-1021

CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (FEHA)

The California Fair Employment and Housing Act, also known as FEHA, protects employees and tenants from discrimination based on race, religion, gender, age (40 or over), disability, medical condition, national origin, sexual orientation, and marital status. In order to prove a California Fair Employment and Housing Act (FEHA) violation, an employee must show that the employee was subjected to an adverse employment action based on race, religion, gender, age (40 or over), disability, medical condition, national origin, sexual orientation, and marital status. Adverse employment actions generally include termination of employment, reduction in hours, reduction in pay, demotion, or a failure to hire. In order to sue under the California Fair Employment and Housing Act (FEHA) you must obtain a Right-to-Sue letter from the California Department of Fair Employment & Housing ("DFEH"). The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman Attorney at Law (310) 917-1021.

CALIFORNIA EMPLOYEE PREGNANCY DISCRIMINATION LAWS

The California Pregnancy Disability Leave Law (PDLL) requires California employers to provide up to four months of leave to employees disabled by pregnancy. PDLL also ensures that pregnant workers have reasonable accommodations for their pregnancy or pregnancy-related health problems. Pregnancy discrimination regulations require employers to inform employees of their rights.  Under California law, pregnant employees may be transferred to a less strenuous position during their pregnancy and return to their prior position when they are able to do so. A woman who takes a pregnancy leave and returns within the four-month period is guaranteed a return to her previous position. If that position is no longer available, the employer must provide a comparable position at the same pay level, if available. The information in this article does not constitute nor is it intended to constitute legal advice. For a free consultation call: Richard D. Freiman, Attorney at Law (310)917-1021.

CALIFORNIA SUMMARY DISSOLUTION

In California, the legal term for divorce is dissolution. There are two types of divorce in California, the regular dissolution and the summary dissolution. This article will give a basic explain of summary dissolution in California for married couples. For either regular dissolution or summary dissolution: either spouse must have lived in California for the last six months and the county where the dissolution is filed for at least three months; if both spouses have lived in California for the last six months but in different counties for at least three months, the dissolution can be filed in either county. Summary dissolution in California which is easier and takes less time than a regular dissolution is limited to couples: who don’t have any children together; have been married five years or less; whose community property is worth $43,000.00 or less; who don’t have separate property which is worth more than $43,000.00; the total of all community obligations (not counting car loans) is no more than $6,000.00; both spouses have agreed to and signed a property settlement agreement; both spouses waive any claim for spousal support. The procedure for a summary dissolution in California is generally as follows: each spouse has to complete: Declaration of Disclosure (FL-140); Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160); Income and Expense Declaration (FL-150); both spouses: complete and sign a Property Settlement Agreement; prepare and file a Joint Petition for Summary Dissolution (FL-800) with the Property Settlement Agreement with the superior court in their county as well as a Judgment of Dissolution and Notice of Entry of Judgment (FL-830). The summary dissolution (divorce) will be final six months after the couple files the Joint Petition for Summary Dissolution (FL-800). Either spouse can stop the process of summary dissolution during the six-month period by filing a Notice of Revocation of Petition for Summary Dissolution (FL-830). If either spouse does that and either spouse wants to still pursue a dissolution then that spouse will have to file for a regular dissolution using the Petition-Marriage/Domestic Partnership (FL-100) unless both spouses agree to begin a new summary dissolution procedure. The information in this article does not constitute nor is it intended to constitute legal advice.   For a free consultation call: Richard D. Freiman, Attorney at Law, (310) 917-1021