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Articles Archive
Gender Discrimination as Experienced by Women
Women can sometimes be discriminated against for various reasons. At times, discrimination against them can be so inhumane that the society of today has been trying to eradicate it in many ways possible.
Common Unlawful Questions Asked by Employers during Job Interviews
In accordance with several employment laws, employers are not allowed to ask indirect and direct discriminatory questions to applicants during job interview procedures.
For-profit Employers Are Legally Required to Pay Interns
Interns should be paid � not a popular idea, right? However, according to U.S. Department of Labor (DOL), for-profit employers must pay interns.
Points That Should Be Included In A Company�s Policy On Sexual Harassment
Employers have the responsibility to maintain an ethical workplace � free from sexual harassment. Pursuant to Title VII of the Civil Rights of 1964, sexual harassment is a form of sex discrimination.
6 Ways on How You Can Handle Sexual Harassment Complaints
As the employer, you are considered as the most powerful individual in the workplace. However, you also have the biggest responsibility, considering that you will be required to take necessary actions in order to maintain a harmonious work environment and to make employment-related decisions which can affect the entire workforce.
Protecting Older Employees from Age Discrimination
The economic downturn has hit a lot of older employees hard � aside from getting laid off even after years of faithful service to their companies, they are finding it even more difficult to find new employment.
Prohibited Employment Discrimination: Facts About Genetic Information Discrimination
There are thousands of companies and employers who can be sued for discrimination but unfortunately, very few employees or applicants are actually aware of what would constitute unlawful employment discrimination.
Quid Pro Quo and Hostile Work Environment Sexual Harassment
There�s a thin line between being a good sport about office jokes and being a victim of sexual harassment. However, most employees fail to see the difference and are forced to endure working in a sexually hostile work environment just to "get along" and keep their job.
Living in Los Angeles? Know Your Employment Rights
Employee rights are considered as inherent human rights and if you live in California which is one of the most pro-employee states in the United States, rest assured that you are protected from discrimination, labor violations, and other employment abuses under its state laws.
California Wage and Hour Laws and Claims
Employers in California must pay an amount one and a half more than the regular hourly wage if the employee worked for more than eight hours or less than 12 for a day, or for eight hours on the seventh consecutive workday of the week. The regular hourly wage must be doubled if the overtime is more than 12 hours a day or more than eight on the seventh consecutive workday of the week.
When to Hire a Pregnancy Discrimination Lawyer
Carrying a child for nine months is hard enough but some pregnant women face greater difficulty, especially if their employees would discriminate against and harass them because of their condition.
California Fair Employment and Housing Act: Potent Combination of Ant-Discriminatory Laws
California is home to thousands of companies and businesses � six Fortune 500 companies and several major financial institutions can be found in Los Angeles. With millions of employees working hard to make a living in a melting pot of cultures, religions, and beliefs, discrimination can be rampant in the state.
Top 6 Questions about Age Discrimination in the Workplace
Age discrimination in the workplace refers to discriminatory and harassment acts against workers who are 40 years old and above. Any employment decisions that are based on the employee�s age being 40 and above can be considered age discrimination.
How to Avoid Legal Liability in Internal Employment Discrimination Investigations
Conflicts and disputes are inevitable in every employment setting because the workplace is a melting pot of people with different beliefs, cultures, and convictions. Every now and then however, complaints regarding harassment and discrimination may arise and it is the employer�s duty to resolve these issues quickly in order to avoid liability.
The Essential Employee Rights in California You Need to Know
Employee rights are human rights but unfortunately, there are many employees who remain oblivious or ignorant to their legal rights in the workplace. As knowledge is power, their lack of knowledge or awareness of their rights have made them vulnerable to unscrupulous employers or companies who wouldn�t hesitate to take advantage of you and pay you less benefits or wages than you rightfully deserve.
Legal Protection and Rights of At-will Employees in California
Being an at-will employee does not deprive you of certain rights as employee. Although, at will employment generally means you can be terminated for any reason or for no reason at all by your employers, still, you cannot be fired or terminated for reasons that are considered illegal under the state and federal laws.
Determining Between Exempt and Non- Exempt Employees under California Law
Why does one need to determine whether an employee is exempt or non-exempt? For both employers and employees, this is important. Knowing whether one is exempt or non-exempt can help you determine an employee�s classification and therefore apply the legal and proper wages that an employee must receive.
Toxic Tongued Employees: Verbal Harassment in the Workplace
Under the law, it is illegal for an employer to discriminate or harass an employee on the basis of his gender, age, race, nationality, disability or religion. While sexual harassment is often the most commonly complained form of harassment, there is also what we call verbal harassment in the workplace.
How to Spot Employer Misconduct and Labor Law Violations
If you are a victim of any of these employment violations and employer misconduct, consult with an employment law attorney to assist you in filing the appropriate case.
Common Violations of Employee�s Unfair Dismissal Rights in California
According to federal statistics, with the onset of the economic recession last year, the number of employment cases has increased and many of them include wrongful termination and illegal dismissal cases.
Sexual Harassment Claims Involving Male Victims
The US Equal Employment Opportunity Commission (EEOC) has recently made a surprising revelation with a report showing that sexual harassment complaints have risen by 16.4 percent (2,094 claims) in 2009 or since the start of the recession.
Guidelines in Conducting an Employee Background Check
Driving, employment, and credit records reflect a person�s sense of responsibility in handling situations on the road, at work, and regarding finances. Background checks are indeed essential in maintaining a competitive workforce within the company.
Vital Contents and Issues in an Employment Contract
Normally when a person gets hired for a job, he is asked to sign documents that will bind him with his employers and define the terms and conditions of his employment. This document or set of documents is known as an employment contract.
Retaliation: How to Fight Back
Were you fired, demoted, or penalized for complaining about harassment or discrimination in the workplace?
Claim for Punitive Damages in Discrimination Cases
Punitive damages are awarded to set an example to potential wrongdoers not to do an act similar to the suit at hand. It is given not to compensate the plaintiff although the latter will receive some or the entire award.
Four Ways to Resolve Employment Dispute
In this method of resolving disputes, the involved parties will have to try to settle a certain issue on their own without any third party to assist them.
Employment Protection Made Possible by Written Contracts
A written contract is often used today to provide both employers and employees the necessary employment protection. It is a document signed by both parties which specifies the terms and details of their relationship.
Lawyer�s Help in Winning Labor Hearings
Labor hearings are usually conducted in order to resolve conflicts that may arise in the workplace. It is a legal proceeding wherein a specific issue is tried and pieces of evidence are presented to help in determining the issue.
Mediation Process: Resolving Dispute between Employers and Workers
Employment mediation is an alternative way to resolve a dispute between employers and workers. According to lawyers, most companies prefer the mediation process compared to a lawsuit which usually can drag for years and is considered to be expensive.
Fighting Discrimination Through EEOC
The Equal Employment Opportunity Commission (EEOC) promotes fairness and equality in employment by imposing various penalties against employers for violations in provisions regarding discrimination and harassment.
Arbitration: Resolving Dispute between Workers and Employers
Because court litigation is usually expensive and may drag on for years, arbitration is one of the most preferred alternative methods to resolve a dispute between employers and workers.
Employee Privacy Rights: Avoiding Intrusive Employment Practices
Under federal law, employers and companies should respect the privacy rights of their workers and avoid using intrusive employment practices.
Constructive Termination: Causing Emotional Distress to Employees
Some employers, thinking that they can avoid wrongful termination lawsuit, will intentionally make the working conditions intolerable to force their workers to resign. However, many courts interpret this practice as constructive termination and employers may still be held liable for a lawsuit.
Proving Workplace Retaliation Claims Against an Employer
One of the most complicated areas of employment law is workplace retaliation.
The Basics of the Fair Labor Standards Act
The Fair Labor Standards Act or FLSA is a federal law that applies to all covered workers engaged in interstate commerce or those employed by companies engaged in commerce or in the production of goods and services.
Tips in Handling Employment Mediation
One of the most commonly used alternative dispute resolution (ADR) to solve workplace disputes is employment mediation.
Common Labor and Employment Laws
There are more than 180 federal and state employment and labor laws that apply to employers and employees in Irvine, California.
ADA: Upholding Employment Rights for Disabled Workers
The Americans with Disabilities Act (ADA) upholds the employment rights for the disabled. It makes it illegal to discriminate against qualified individuals with disabilities.
Employment Manuals: Communicating the Company's Policies to Employees
Employment manual, also called as employee handbook, is a written guideline that will communicate the company�s policies to workers. It tells them what is the expected behavior from them as well as their responsibilities and duties at work.
The Rights of Workers to Have Meal and Break Times
While the federal law does not require companies to have break times, all employers who provide a rest period (usually for 5 five to 20 minutes) should consider this as a working hour that will be counted for a worker�s overtime wage.
English-Only Policy as a Form of National Origin Discrimination
The Equal Employment Opportunities (EEOC) has continually scrutinized policies of some companies to implement English-only policies in the workplace.
Understanding Compensation and its effects to Employees
Employee compensations play a big part in getting the right people for the job. An attractive compensation package attracts the right applicants to a vacant position and retains top quality employees.
At-Will Employment and the Rights of Workers
Most employers in the US follow at-will employment contract that allows them to discharge anyone without valid reasons and allows workers to quit anytime they want to. Despite having this employment contract, employers may still face wrongful termination lawsuit if they violated the workers� legal rights.
How Much Should an Employee Get as Severance Package
Generally, a severance package is made up of pay and benefits given by an employer to a dismissed employee. But contrary to some belief, a severance package is not given as an entitlement prescribed by law, rather it is an employer�s prerogative � which means this benefit is given as a token under the employer�s discretion.
Exemptions from Overtime Provisions of the FLSA
Most employers are required by the Fair Labor Standards Act or FLSA to pay employees overtime if they have worked over 40 hours in a week.
Severance Pay for Departing Workers
Employers who are contemplating on giving out employment severance packages should tell their workers about certain requirements to become eligible to receive this additional separation benefits. The policy should also include the computation for the amount of severance pay.
FAQs about Title I of the ADA
Disabled individuals are protected from employment discrimination based on their disability by various federal and state laws. One of the laws that protect such individuals is the ADA or the Americans with Disabilities Act.
The Rights of Employees and Their Protection
To prevent employment abuses, the government passed several employment laws that will protect workers and uphold their rights. These laws were enacted to safeguard the rights of employees and for their protection.
Reporting Sexual Harassment in the Workplace
Despite the presence of laws that have been passed to protect people from sexual harassment, such forms of discrimination still exist in the workplace.
Coverage of Employment Law
Los Angeles is a place wherein many people work due to the high cost of living at present. These people are considered as fortunate because finding a good paying job is hard for many due to the severe competition among job applicants. However, although people who are employed can enjoy the financial stability it brings, there are instances wherein problems are caused by it.
Keeping Employees Safe in Work Places
Los Angeles is one of the most modern cities in the country. Many businesses and corporations thrive within the atmosphere of prosperity and development in the area. Thus, companies have increased their work force to stay competitive. As a result, different people with different culture would interact in one area or workplace.
Driving Harassment Cases Away from California
Workers and employees are sometimes involved in issues affecting the relationship with their employers. Sometimes, disputes are caused by violations of the law.
Things to do After an Illegal Termination
Wrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason.
Litigation Planning Strategy: Are Litigation Budgets Necessary?
The litigation planning strategy involves more than being up to date and being informed about what is happening and how much is the costing.
The Need for the Preparation of Employment Manuals and Agreements
Having manuals and agreements sets expectations on what the employees can expect from their employers and vice versa.