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February 2015 Archives

Protection from job discrimination under California law

Los Angeles workers who've been treated unjustly by employers often don't know where to turn. You have to know your employment rights before you exercise them. An attorney can be a good place to start, since the nature of a complaint determines the next step.

California Supreme Court rules employees entitled to on call pay

Should you be paid for sleeping on the job? According to the California Supreme Court, the answer is a resounding yes -- unless, that is, your employer has an applicable wage order that expressly authorizes them to exclude compensable hours from your pay.

Should my California employer be paying me overtime?

Exemption status determines whether a Los Angeles employee receives extra pay for working longer hours or an extended workweek. Some California employers try to avoid paying overtime through misclassification of employees. If you have an exempt status, the employer is not required to offer more pay than you already get.

Do I have employment rights during pregnancy? Can I get paid if on leave?

woman doctor.jpgIf you are a hospital employee and are pregnant or might become pregnant, this blog post is for you. Pregnancy could affect all stages of your employment, from hiring and firing to job assignments to post-birth time with your child. It is critical to know what your options are and how the law can protect you.

Wrongfully terminated? Age discrimination law may have the answer

Most of us are familiar with the idea of discrimination in the workplace based on gender, sexual orientation, race or ethnicity, but did you know that there is a far more insidious form of discrimination at play in today's economy? More and more workers are suffering wrongful termination not because of their appearance, but because of their age. Luckily, federal legislation protects California employees from this type of unfair discrimination. The Age Discrimination in Employment Act prohibits age discrimination against those who are older than 40 years old. This important piece of legislation protects older workers from being cruelly phased out of the workforce in favor of younger, cheaper labor.

What is constructive termination?

Constructive termination, which is sometimes known as constructive discharge, occurs when an employee is forced to quit because their work environment has become so intolerable that they felt they had no choice but to leave. In some cases, this may be the result of an employer attempting to intentionally force the employee out. These types of intolerable conditions may include harassment or discrimination. They could also include acts by the employer that force the employee into a job position or a cut in pay because of a reason that is unrelated to the employee's work performance.

California teens suffering sexual harassment, unlikely to report

We often think of sexual harassment in California in adult terms, but younger workers also suffer from this workplace scourge. In fact, a shocking study shows that one-third of American teenagers have been subject to sexual harassment on the job, a far higher statistic than many of us may have imagined. The fact is that no one is immune to this type of workplace experience, no matter his or her age. That is why younger workers need to remain particularly vigilant about the signs of sexual harassment -- and why they deserve added protections.

Police department wrongful termination suits end in settlement

A Los Angeles company has a lot of flexibility during the employee firing process. California's at-will employment law states an employer does not require a reason to terminate a worker any more than an employee needs an explanation to quit a job. However, employment laws also protect workers from being fired unjustly.

When am I entitled to family and medical leave?

In 1993, the Family and Medical Leave Act was put into place as a way to help employees balance the demands of their workplace with the medical needs of their families. This act provides that you are entitled to take a period of time off from work if you or a family member have a serious health condition and that you may do so without the fear of losing your job.

California leave laws include paid time off

California is one of just three states with paid family leave laws and only one of nine with clear leave laws complementing the federal Family and Medical Leave Act. The FMLA and California Family Rights Act permit qualified workers to take 12 weeks off, without pay, to be with a new child or attend to serious personal health issues or illnesses of immediate family members.

California firefighter alleges wrongful termination, retaliation

An incident at a colleague's birthday party three years ago cost a Los Angeles County firefighter his job. The fire engineer was accused of sexually abusing four women at the party -- an accusation the man did not deny. However, the firefighter, who was drinking alcohol at the nightclub event, claimed that someone slipped him a date rape drug that led to the illegal behavior.

What you should know about pregnancy discrimination

Pregnancy discrimination is the act of treating a woman unfavorably in the workplace because of the fact that she is pregnant. The Pregnancy Discrimination Act is a law that works to prevent this type of discrimination and states that an employer may not discriminate against a woman because she is pregnant or has given birth. This act applies to both employees as well as job applicants.

Home Depot tangled in workplace discrimination lawsuit

It is easy to believe that workplace discrimination is no longer a concern in this age, however, nothing could be further from the truth. From one side of the country to the next, there are instances in which an employee has been terminated or discriminated against due to their sex, age, race, or sexual orientation.

$2 Million Settlement For ADA Violations, Disability Discrimination

Dillard's can no longer require employees to provide a diagnosis from a doctor after taking sick time off of work. Doing so is a violation of the Americans with Disabilities Act (ADA) and has resulted in a $2 million settlement with the Equal Employment Opportunity Commission (EEOC).

Age Discrimination In America: Five Facts About The ADEA

Federal law has prohibited many forms of age discrimination in the workplace since 1967 when Congress enacted the Age Discrimination in Employment Act. The Act says that employers cannot discriminate against workers on the basis of how old they are.

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