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May 2012 Archives

California Considers New Law Against Workplace Religious Discrimination

A new bill recently passed by the California Assembly seeks to expand religious protections in the workplace by specifically allowing employees to wear religious clothing and carry religious objects while at work. Religious hairstyles would also be protected. Religious freedom is already protected in the California workplace. An employer cannot legally discriminate against an employee based on his or her religious beliefs.

Are Unpaid Internships Allowed In California?

Summer is right around the corner and many college students may be searching for meaningful work experience in their chosen fields to fill the next three months and earn additional cash for the next school year. But, with the job market still reeling from the economic downturn, more and more companies are offering unpaid internships.

San Diego Ordered To Pay $500,000 To Disabled Former Employee

David Flores was employed by the City of San Diego as a mechanical inspector when he was involved in a car accident while on the job in 2006. He suffered an injury to his spine during the crash and was off for several months recuperating from the crash.

Is Cancer Considered A Disability Under The ADA?

A cancer diagnosis can be frightening enough itself, add to it the changes that are in store as you begin or continue to battle the disease and the effect that cancer may have on your work life may not seem quite so important. But, the protections of the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) likely extend to an employee diagnosed with cancer.

Harassment, Rape, Retaliation Ends With $812,000 Verdict

A San Francisco janitor was sexually harassed by her supervisor for months before she was raped in one of the offices on the second floor of the Ferry building where she worked. The harassment consisted of the supervisor making lewd comments and propositioning her for sex or sex acts. After complaining to management, she was told not to discuss the incidents, was forced to sign a confidentiality agreement and told that the company's own investigation revealed that her harassment and assault claims were meritless.

Bill Waldo Quoted in PEOPLE On Travolta Sexual Harassment Suit

Amid rumors that John Doe #2 in the sexual harassment and sexual battery lawsuit against John Travolta was moving into mediation, Doe #2's lawyer emphatically denied that was going to happen. Instead the lawyer promised a fight, but one that would protect his client, an alleged sexual assault victim, from unfair public judgment while allowing him to pursue legal remedies related to the harassment.

Overtime For In-Home Caretakers Who Perform Health Care Services?

California law does not require that personal attendants be paid overtime wages if they are employed as an in-home caretaker to feed, dress and otherwise supervise an elderly person. Nurses, however, who are employed to perform nursing duties in an elderly person's home are entitled to overtime pay.

Wendy's Violated ADA By Refusing To Hire Hearing-Impaired Cook

A Wendy's franchisee has been sued by the Equal Employment Opportunity Commission (EEOC) for discriminating against a job applicant based on a disability. The hearing-impaired individual had applied for a cook's position with the fast-food chain but claims he was not hired, despite his experience, because of his disability, in violation of the Americans With Disabilities Act (ADA).

Protections For Mothers In The California Workplace

Then-President Woodrow Wilson declared Mothers Day a national holiday in the United States in 1914. Although the U.S. holiday is not yet 100 years old, protections for mothers in the workplace have come a long way since the presidential action of setting aside one day a year to honor mothers throughout our country.

Burbank Police Officer Sues To Stop Sexual Harassment At Work

Cindy Guillen, a public relations officer to Burbank's Spanish-speaking community, is now in court rather than at work. She did not want to pursue legal action against her employer, but after complaints of sexual harassment and harassment based on her ethnic background were not investigated, she decided to file a lawsuit against her employer.

Sexual Harassment Based On Sexual Orientation In California Sheriff's Office

Ricardo Olguin began working as a deputy for the Merced County Sheriff's Office in 2008. He was terminated three years later, in 2011, after enduring sexual harassment based on his sexual orientation during that "hellish" time.

Getting Paid For Work Done In California, Even After Quitting or Being Terminated

California employers are required to establish regular paydays so that workers know when and where they can expect to be paid for work completed. Wages earned during the beginning of the month, from the 1st to the 15th, must be paid by the 26th of the same month; wages earned from the 16th through the end of the month must be paid by the 10th of the following month. If wages are earned over a different period of time, they must be paid within seven days.

EEOC Updates Guidelines Related To Background Checks

New employees with a criminal record may be breathing a sigh of relief after the Equal Employment Opportunity Commission (EEOC) issued new guidelines to employers when running background checks on new hires.

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