16 December 2013

Age Discrimination on Workplace in Los Angeles

 Workplace discrimination in the workplace, especially in Los Angeles and in the whole of California is usually on the basis of one’s race, sex, and disability. But then, not a lot of people are aware that there other instances wherein employers subject their employees and applicants to workplace bias on the basis of their ages. Cases of age discrimination in the workplace may not happen all too often, but such actions related to it are prohibited under the federal and California employment and labor laws.

What is age discrimination?

This form of workplace bias involves an action or conduct in which an employee or applicant becomes less favored in any aspect of employment because of his or her age. An employee or applicant is said to be discriminated against because of age in these following situations: 
  • The employer decides not to give an older but qualified candidate a job because of the latter’s age, and not because he or she did not meet the minimum qualifications of the job.
  • The supervisor, manager, or any authority in the workplace makes offensive comments towards senior employees frequently, up to the point the work environment becomes hostile. Remarks such as “old man” and “grandma,” as well as uttering biased statements that degrade senior employees, are signs of workplace discrimination.
  • A sign of age discrimination is when senior employees are frequently disciplined for doing something that other younger employees do but are able to get away with it.
  • An older, more qualified employee was denied a promotion for a vacant job opening in the workplace. Instead, the employer handpicked a younger, inexperience employee to take that job vacancy.
  • It is also age discrimination if the employer decides to mass layoff employees, particularly the older ones, in an effort to instill a younger image within the company.

Laws that prohibit age discrimination in Los Angeles, California

Age discrimination in Los Angeles, California is prohibited under some notable federal and state employment and labor laws. One of them is the federal Age Discrimination in Employment Act (ADEA), which prohibits age discrimination against employees who are over 40 years of age in all aspects of employment, from hiring to termination. Also, it is not illegal under ADEA for an employer or any covered entity to favor an older employee over a younger one, even if both of them are 40 years or older. This federal Act is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Another law is the State of California’s Fair Employment and Housing Act (FEHA). This state employment law, like the ADEA, protects workers aged 40 or older from age discrimination. Not only does the FEHA provide employment protections from age-related bias in the workplace, but also from other protective characteristics, to include race, religion, gender, disability, and sexual orientation. The FEHA is enforced by the California Department of Fair Employment and Housing (DFEH).

Exercising your legal rights
If you have been discriminated in the workplace because of age, or was harassed or subjected to retaliation under the same circumstances, then you must know that you are entitled to exercise your legal rights against your erring employer. Pursuing an age discrimination case against your Los Angeles, California employer should be your top priority. In order to do so, however, you must first seek the legal services of topnotch and respected age discrimination lawyers in Los Angeles. That way, you will have an enhanced chance of not only obtaining compensation from the erring party, but also obtain the justice you truly deserve.

Posted on Monday, December 16, 2013 by Unknown

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12 August 2013


Image Source:  http://www.sterlingeducation.com/Portals/90102/images/MP900407410.JPG

An employer-employee relationship comes with so many responsibilities, especially on the part of the former. For the most part, it is the companies that must identify such relationship so that employment matters such as compensation and work hours can be established. However, some of them try to swerve away from what is stated under the law by misclassifying their hires as either exempt, instead of non-exempt, or independent contractors, instead of merely employees.

Basically, misclassifying employees is against the provisions of the Fair Labor Standards Act (FLSA). Sadly, this employment scheme has been on the rise as of late, as evidenced by the recent announcement from the U.S. Department of Labor (DOL) in 2012 in which two big-time companies, FedEx and Wal-Mart, had been sued over employment misclassification.

Wal-mart has since agreed to pay over $5 million in back wages and damages to more than 4,500 employees after a DOL investigation found that the employer misclassified them in order to not provide them overtime wages. Meanwhile, lawsuits against FedEx have had mixed results.

Cases of employee misclassification, particularly on identifying employees as independent contractors, are on the rise today, resulting to lawsuits. Acting deputy administrator Mary Beth Maxwell of the DOL Wage and Hour Division (WHD) said in a press release that such instances deny employees “access to critical benefits and protections to which they are entitled, such as minimum wage and overtime, family and medical leave, and unemployment insurance.”

Some employers often misclassify employees as independent contractors in an effort to save thousands of dollars in workmen’s compensation and unemployment insurance. Worse, it costs states millions in unpaid taxes.

Fortunately, there have been cases wherein misclassified employees working as cable installers, security guards, and even local government workers who came out victorious after filing charges against their employers. Thanks to the DOL’s Misclassification Initiative, California and 12 other states have been on a joint effort to go against employers that engage in misclassifying employees.

Meanwhile, if you work in California and you have been misclassified by your employer as an independent contractor instead of a non-exempt employee (or an exempt employee rather than a non-exempt one), it is important that you exercise your rights. You may file a complaint with the California Department of Labor Standards Enforcement (DLSE), or alternately consult with a Los Angeles labor lawyer for your legal options.

Posted on Monday, August 12, 2013 by Unknown

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18 June 2013

Social Media on workplace | employment law

Image Source: http://labor.mo.gov/img/socialMediaWP.PNG
 Facebook, Twitter, Pinterest, Tumblr, and other social networking sites have been the main past time of so many people. Through these avenues, people have been expressing their thoughts. People post their daily activities, interesting finds on the net, photos, and random rants.

Social media as an effective tool for employers
In a lot of instances employers view their workers’ social media accounts as tools of better communicating with them. Such tools would also help employers find out how their employees feel, including their rants about certain personalities at work and working for a certain company in general. In fact, a lot of employees have been sacked because of their ‘incriminating” posts online. Well, this may change soon.

Online accounts protection bill signed
Recently, California Governor Jerry Brown has signed two landmark laws: Senate Bill 1349 and Assembly Bill 1844. These are laws that bar employers from “demanding” the social media accounts and their login credentials. These newly-signed laws are set to protect employees from the use of their private social media accounts and their posts to remove them from their jobs.

What does this mean to you
Now you have the freedom to express your feelings on your social media accounts without the fear of being removed or being subjected to politics in the office. This gives an employee peace of mind when using their social networking accounts and lessens the worries one thinks about when using his social networking account.

Problems with the new laws
These may seem to be good laws since it is just plain ridiculous to force people to divulge their social media content to their employers. However the same are nothing but blunt tools that does not solve all of the problems about employees’ privacy. However, there are certain parties that claim to have seen flaws with these laws. First, the definition of “personal accounts” in these laws is said to be a bit flawed. This confusion may leave an employer what exactly is an employee’s personal account.

If your employer has been forcing you to give your log in credentials, invoke your right under these new laws. Ask a Los Angeles employment lawyer on how you can defend yourself and your privacy under this new law. A Los Angeles attorney can better interpret this new law so to be sure that you can better defend yourself and fight for your rights under this new legislation.

Posted on Tuesday, June 18, 2013 by Unknown

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07 June 2013


Image Source: http://california-employmentattorneys.com/wp-content/uploads/2012/11/fired.jpeg

Every day at work is a great challenge for anybody. It is the responsibility of the employer to make sure that their employees are working in an environment that is conducive for working: A workplace that encourages them to work harder and aim for success. The United States, has all of the laws needed to make sure that employees are protected from any form of harassment, abuse, and discrimination. However, there are still a few instances of such in these modern times.

Employees of a petroleum and gas industry equipment provider recently have scored a victory against their employers. These workers have been subjected to racial harassment. After they have filed a complaint in the management of the company, they were treated bad and retaliated by their bosses. They assigned the workers to do menial tasks, not the ones included in their job description. The company reduced their wages and eventually terminated from them from their jobs.

Fighting for what is right
The workers, have approached the US Equal Employment Opportunity Commission (EEOC) and filed a complaint. After an intense legal battle, the employees won their complaint and are set to receive more than $150,000 in lost wages and damages. Race discrimination and retaliation is a clear violation of the Title VII of the Civil Rights Act of 1964. If you have been a victim of workplace discrimination based on one’s sex, religion, color, age, and/or race, one should immediately seek legal remedies by filing the right complaint in the proper agencies.


Los Angeles wrongful termination lawyers reminded people that coming forward and fighting for their rights is the only way that harassment, abuse, discrimination, and retaliation could be stopped. These lawyers recommended the hiring of Los Angeles attorneys as they know the many labor and employment laws and regulations in the state. These lawyers will be the best people to approach regarding legal matters in California. In the end, the fight against race and other forms of discrimination, harassment, abuse, and retaliation can only be won if the workers are aware of their rights and come forward to fight the oppression that they are experiencing.

Posted on Friday, June 07, 2013 by Unknown

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31 May 2013


Image Source: http://blogs.mydevstaging.com/blogs/to-the-max/files/2011/10/handicapped-spot-photo.jpg

Disabled people may have limitations, but that does not make them less of a person. These people may not be able to do certain things, but just like any “normal” person, differently-abled people have special skills that can contribute to a family, a community, or a workplace. The Department of Labor realizes the value of these people that is why this early, the agency has already came up with an annual theme for the National Disability Employment Awareness Month this coming October 2013.

Conception of a Disability Employment Awareness annual celebration
The Congress, back in 1945 has assigned a week in October every year to commemorate a “National Employ the Physically Handicapped Week”. The commemoration of this annual event is a perfect celebration of the DOL’s continuing efforts to promote equality among “normal” and disabled people in the workplace.

This year’s theme for the celebrations

“Because We Are EQUAL to the Task”, this year’s theme has been chosen by the U.S. DOL’s Office of Disability Employment Policy. According to the agency, this theme perfectly echoes the importance of giving education, training, experience to persons with disabilities that help them develop the desire for them to be successful in life despite their limitations.

Benefits of this yearly program
In line with this year’s Disability Employment Awareness month campaign, the ODEP continues their aim to promote positive employment outcome for people with disability. The agency also aims to highlight the idea of that the youth with disabilities are capable of doing, given the encouragement and support for them to reach their dreams. This program goes with the agency’s efforts together with various business and disability organizations, emphasizing the focus on what an individual can do more than their disabilities.

According to a Los Angeles employment lawyer, despite the many efforts of the government and cause-oriented groups, differently-abled people are still suffering from the discrimination and judgment of other individuals because of their disabilities. This Los Angeles attorney believes that programs such as these do not only help promote the rights of disabled people in the workplace, it also helps people understand how one can better treat a disabled person. Moreover, this can perfectly give the much-needed encouragement that people with disabilities need to carry on and continue sharing their talents and skills in the workplace to help move the economy forward.

Posted on Friday, May 31, 2013 by Unknown

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22 May 2013

age discrimination, employment discrimination
 Image Source: http://b-i.forbesimg.com/nextavenue/files/2013/04/what_it_takes_to_win_an_age_discrimination_dv2173013_0.jpg


People say that wines only get better in time. As wines are aged, their taste and value rises. That could very well be the same for people. However, not everybody sees it that way. Employers somehow think that older workers are slow in adapting to the many changes that the modern times offer. They think that the elders lack the speed and the efficiency that younger employees have. Plus older employees have higher wages, more benefits, and are more likely to miss work because of the many ailments that they might contract along the way.

Because of these things, some employers tend to discriminate against older employees. These acts of age discrimination are punishable by law as stipulated in Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). If you have been a victim of such discrimination, you should immediately report it to the authorities. But how can you report such offenses? Here are some tips.

  • Get solid proof. Gather your performance reviews and other records that can prove your performance with your ob. This would help solidify your claim that you are really being discriminated against and that it has something to do with your age.
  • Document the acts. Jot down the date, time, as well as other information about the incidences of discrimination were made against you. Determine what kind of discriminative act did your co-employee, supervisor, or company has made against you. This could help bolster your case’s chances of prospering.
  • Provide your and the company’s contact info. Also, provide a short description of what happened and how you related are they to age discrimination.
  • Report the incident to the Equal Employment Opportunity Commission (EEOC). File the complaint as soon as possible so you won’t have problems with the statues of anti-discrimination laws.
  • Wait. The most difficult thing to do, you should wait patiently until your complaint is resolved. You can also follow up on your complaint every now and then. This will keep you updated about what’s going on with your case as it is being processed.

Age discrimination cases, like any case filed in the courts, may take time before it is resolved. That is why your patience will be very critical during these very difficult times. In the end, when you know that you have done everything that you need to stand up against discrimination and fight for your rights, all the pain, hardships and sufferings that you have to endure.

Posted on Wednesday, May 22, 2013 by Unknown

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20 May 2013

Image Source: http://legalplanet.files.wordpress.com/2011/10/calchamberlogo.jpg
Proposed bills in California that concern the state’s employment and labor undergo extensive hearings and deliberations before they go through a vote among legislators. Once a bill is voted in favor of the majority of a certain committee, it is then passed on to undergo the same process again, until the proposal is sent to the Governor to either sign or veto it.

The pending employment and labor bills this year are aggressively being heard and deliberated among legislators in the state’s Assembly floor and the state’s Senate. While a lot of them support the bills, some others, including business and industrial organizations, think otherwise.

In fact, the California Chamber of Commerce last month released a list of pending bills that would create a negative impact on the job climate and economic recovery of the state once these bills are signed to law by the Governor. These are the so-called “job killers.”

Here is some of the “job killers” mentioned in the list released by the California Chamber of Commerce:

  • Assembly Bill 5 and Senate Bill 404. These proposed bills will add homelessness and “familial status” in the protected characteristics under the California Fair Employment and Housing Act (FEHA). According to the Chamber, these proposals, if passed, would make it impossible for employers to manage their employees and that they would be exposed to being litigating due to the expansion of the FEHA.
  • AB 10. This bill would increase the California minimum wage from $8.00 to $9.25 by 2016, indexing the minimum wage based on inflation. It is included in the list because it failed to take into account the current economic status of the state, among other concerns. This bill is currently being heard at the Assembly floor after it passed the Assembly Labor and Employment Committee.
  • SB 761. This proposed bill would provide family leave as paid protected leave. It is included in the “job killers” list because it is said to create a new burden for small businesses and the possibility of further litigations because of the transformation of the paid family leave program.

Meanwhile, a Los Angeles employment lawyer believes that while these and all other bills are considered “job killers,” there is still room for talks as to these bills, if passed into law, could benefit business groups, as well as employers and employees.

Posted on Monday, May 20, 2013 by Unknown

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08 May 2013


Image Source: http://lucidfood.com/wp-content/uploads/2012/01/DSC_00493.jpg

Tips, like minimum and overtime wages, are primary sources of income for most workers, especially those who work in restaurants, casinos, and other establishments. Tipped employees are entitled to what they receive from their customers after they provided the latter with excellent customer service. In fact, the state laws protect them from any violations that their employers may commit with regard to the tips they receive.

Sadly, not all employers recognize the existence of the tip laws in California, which is why a lot of complaints are filed against them. Basically, the primary provision dictates that no employer has the right to share the tips their employees receive. However, some employers tend to forget this basic rule, which can be found in Section 351 of the state’s Labor Code.

If you are an employee who regularly receives tips from your paying patrons, then it is best that you exercise your rights once your employer wrongfully collects tips from you and your co-workers. You may file a complaint with the appropriate agency such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), or you may consult a top Los Angeles employment lawyer.

Meanwhile, here are some things you need to know as a tipped employee in California:
  • You are entitled to your tips and that you are still paid the minimum and overtime wages. Your employer must still pay you full minimum and overtime wages regardless of how much tips you earn. Your employer violates this provision if your employer credits the tips you receive in order to meet the requirements of the minimum wage.
  • Your employer can impose a mandatory tip pooling policy. While this is so, all tips or gratuities left for an employee must be shared among employees who contributed directly to the service of the customer.
  • Your manager should not share tips with your co-workers. If you have a manager or any person in-charge of hiring, firing, discipline, and supervise servers without the employer’s consent, then he or she is not required to share tips with you and your co-workers, regardless if he or she assisted in serving customers. If you work on a casino and you have a manager that does not hire, terminate, supervise, or discipline workers, then he or she can join the mandatory tip pooling.

Posted on Wednesday, May 08, 2013 by Unknown

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07 May 2013

 Image Source: www.berrymoorman.com

It is not uncommon for companies and other employers to plan and execute job layoffs. Such employment decisions are often made due to economic reasons. There are some companies that have to remove a certain group of employees because they have to such down a certain job location. As it is, being laid off is an emotional event that can leave every affected employee not only without a job, but also having the feeling of being wronged.

Employers in most states are considered “at will.” This means that an employee or a group of employees can quit their jobs at any time. It also means that employers can terminate an employee without cause. But then, despite the “at will” approach, employers are still covered by the employment laws and statutes covering certain issues of discrimination, harassment, and issuing layoffs.

In fact, there are employment laws which protect employees who were laid off from their respective jobs. The state of California has its discrimination laws, so it is important for a former employee to consult with a local lawyer in California, especially one of the experienced Los Angeles employment lawyers.

Layoffs are basically legal, as long as race, sex, disability, religion, pregnancy, or any other protected characteristics is not a motivating factor for executing such employment decision. If you are an employee who was recently laid off, you may either contact one of the best Los Angeles employment lawyers or file a complaint with either the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Meanwhile, here are the employment laws that prohibit discrimination in issuing layoffs:
  • Title VII of the Civil Rights Act of 1964. Layoffs based on race, religion, pregnancy or national origin, are prohibited among covered employers.
  • California Fair Employment and Housing Act (FEHA). This California employment law provides an expansion on the definitions of the prohibited acts of discrimination in the workplace.
  • Americans with Disabilities Act of 1990 (ADA). This federal Act prohibits discrimination in layoffs based on an employee’s disability.
  • Age Discrimination in Employment Act (ADEA). This federal Act prohibits employers from issuing job layoffs based on age.

Posted on Tuesday, May 07, 2013 by Unknown

1 comment

06 May 2013

 Image Source:  http://www.laborunionreport.com/portal/wp-content/uploads/2012/04/African-American-Male2.jpg

Every person has unique characteristics that make him or her special. No matter what one’s color, race, sexual preference, or age is, all of us deserve to get respect from everybody. However, this has not been the case for a lot of people. In the United States, acts of discrimination against African Americans have been happening since time immemorial. Because of their color and appearance, some white Americans think that they are less of a person.

Interestingly though, African Americans have been able to contribute a lot to the country and to society in general. Case in point: Michael Jordan who redefined what basketball is, clergyman and activist Martin Luther King Jr. who played a huge part in the advancement of civil rights that all of us enjoy, famous celebrities Morgan Freeman, Oprah and the king of pop Michael Jackson. Let us also not forget our very own President Barack Obama. Certainly, their color and race didn’t prevent them from being very important personalities that made waves in their respective fields. 

Despite these great achievements by our African American brothers and sisters, their fight against discrimination is still on-going. That is why the Equal Employment Opportunity Commission (EEOC) has been actively joining this long, dragging battle by African Americans for equality and fair treatment.  Despite the numerous legislation that help protect the rights of all people, regardless of color or race, there are still a lot of obstacles that the agency is facing.

Recently, the EEOC came up with a report that takes a deeper look into the many obstacles that the agency is facing in preventing discrimination against African Americans in a Federal Workplace. The report sites unconscious biases, perception and the inadequate implementation of equal employment opportunity (EEO) laws have been negatively impacting African Americans, depriving them of fair employment opportunities, and affecting business decisions.

The fight against discrimination is not an easy task. That is why we must extend our commitment to make sure that such abuses are prevented from affecting anybody in the workplace. If you have been a victim of discrimination against color, or any other forms of it in the City of Los Angeles, make sure that you ask the help of top Los Angeles employment lawyers in filing the appropriate claims to get the justice that you deserve.

Posted on Monday, May 06, 2013 by Unknown

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03 May 2013

Image Source: http://www.ottingerlaw.com/wp-content/uploads/et_temp/pregnancy+discrimination-477x230.jpeg

It has been said that the ability of a woman to carry a life in her womb for nine months is one of the noblest things ever. While most people still don’t get it yet, pregnancy is such a difficult phase that most women has to go through. More than the pain, suffering, and sacrifices that a woman is subjected to during pregnancy, this could even result into her giving up her own life.

Dangers of giving birth
According to some experts, the pain that a mother feels while giving birth is almost as painful as breaking a number of bones simultaneously. Moreover, in cases when a C-section is needed to give birth, a woman will have to endure the pain of having her abdomen cut open, just to extract the baby from her womb. These things can get a woman’s life in danger as such procedures can cause her death.

Pregnant women need care
Given these much risks, pain, and suffering the last thing that a woman needs are complications and hassles that can affect her health and well-being.  It is important that we give them the respect and importance that they deserve. That is why workplace discrimination is one thing that they don’t need and that is why there are laws that help protect them.

Laws that protect the rights of pregnant women
Under the Civil Rights Act of 1964, particularly the Pregnancy Discrimination Act (PDA), sex discrimination on the basis of pregnancy is prohibited by law. That is why a company should not discriminate on a woman just because of her medical condition. Moreover, pregnancy should be considered by the company and its workers as a temporary disability condition that will eventually be healed in time.

Additionally, according to the Family and Medical Leave Act (FMLA), pregnant women should be allowed to have up to twelve workweeks of leave in a year as she gives birth and takes care of her newborn child. This simply means that a company is prohibited from terminating a woman that recently gave birth just because she was taking extra days of leave to take care of her kid. These laws are just some of the legislations made, passed, and implemented to ensure the safety and well-being of pregnant women in the workplace.

Seeking the help of expert lawyers to protect you
If you happen to experience discrimination or get terminated because of your condition, you should remember that you have the laws of the land to protect you and your rights. Just hire the services of the best Los Angeles employment lawyers in town to help you seek for damages for your lost income, as well as the pain and suffering that losing your job has caused you.

With all of the sacrifices that a mother gets through just to help bring a new life in this world, they deserve nothing but our great respect and appreciation. And there is no better way for us to show that than making sure that all of these laws protecting them are implemented and followed by everyone.                                                                                                                   

Posted on Friday, May 03, 2013 by Unknown

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01 May 2013


 A lot of people are saying that employees in California are the luckiest ones in the United States. Why, you ask? It is because the state implements a lot of laws that aim to uphold, promote, and protect its employees various rights through proper implementation. However, despite having a multitude of laws to prevent workplace abuse, harassment, and discrimination, there are still a great number of abuses that happens to a lot of workers in California, even in a Federal workplace setting.

Who are the frequent victims of workplace discrimination, harassment, and abuse in California?

Immigrants from Mexico and other countries, particularly Asians, have been the target of various discrimination cases. Plus there are still a lot of cases that centers on sexual harassment. Abuse of someone’s sexuality is still very much rampant despite of the presence of a lot of laws. That is why Human Resources officers as well as managers should be undergoing regular trainings on how they can be able to address and prevent these various problems in the office.

The Equal Employment Opportunity Commission’s (EEOC) Federal Training Courses

For stakeholders to better identify what causes abuses and how can the management prevent cases of discrimination, harassment, and abuse they need to go regular trainings to keep them abreast with the latest issues when it comes to employment laws and regulations. That is why the EEOC offer various federal training courses to help these people in performing their job; uphold the rights of every federal employee.

Just recently, the EEOC opened its doors again by provided Federal Training Courses for the year 2013. These programs made by the EEOC are specifically for the following:
  • EEO and HR for Managers & Supervisors (which is a joint EEOC/OPM program)
  • Barrier Analysis
  • Basics of MD-715
  • Disability Program Management (basic and advanced)
  • Drafting Final Agency Decisions
  • EEO laws refresher
  • Counselor and Investigator Refresher, and
  • New Counselor and New Investigation.

These programs aim to give HR officials and managers a proactive role in helping prevent acts of discrimination by giving them ways to putting an end to it before it happens. That is why the agency has launched the mentioned new programs so that the federal supervisors and workers can understand better the dynamics in a workplace. So if you feel like you want to know more about how you can prevent workplace discrimination in your workplace, just sign up and join these training programs.

Hiring lawyers to shed light about the different employment laws in California

When it comes to the laws that aim to prevent workplace abuse, it is nice to better understand how the law works and how it does prevent instances of workplace abuse and discrimination happens. Hiring the services of good Los Angeles employment lawyers will help you better understand the laws as they can explain how California employment laws work and how you can use it to help fight workplace harassment and discrimination in the federal workplace once and for all.
                                                                                                                                        
Putting a stop to workplace discrimination is each and every one’s role. That is why everybody should actively take part in helping put a stop to this once and for all. Only by working together and helping each other can we once and for all stop workplace discrimination and foster a better working environment for each and every one.

Posted on Wednesday, May 01, 2013 by Unknown

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22 April 2013


Image Source: http://blog.patientslikeme.com/wp-content/uploads/2011/10/national-disability-employment-awareness-month-images.jpg

Employees with disabilities in California are protected by the state’s employment laws. For one, the California Fair Employment and Housing Act (FEHA) protects employees from discrimination, as well as from being deprived of reasonable accommodations. Other related state laws such as the California Family Rights Act (CFRA) provide disabled employees, particularly female employees who are pregnant, are protected by the same rights in employment.

Recently, protections for disabled employees, including pregnant women, have been expanded thanks largely to new regulations. These changes emphasize the importance of the employer’s responsibility to undergo an interactive process with employees and workers with disabilities who might be asking for accommodation in the workplace.

Here are some of the recent changes that expanded the protections of California employees and workers with disabilities:
  • A recent Court of Appeal decision held that a covered California employer may provide a reasonable accommodation by providing an employee an additional leave of absence once the four-month pregnancy disability leave has been exhausted. The said ruling stemmed from a case in which an employee was terminated by her employer when she wasn’t able to resume her work after using up her rights for leave under the state’s Pregnancy Disability Leave (PDL) and the California Family Rights Act (CFRA). The employer may have complied with the provisions of the PDL and CFRA, but it failed to engage in an interactive process with the aggrieved employee in knowing if an additional leave of absence is necessary under the FEHA.
  • The new regulations with regard to employees and workers with disabilities that took effect at the start of this year emphasize the need for employers to engage in the interactive process with their employees. In particular, the interactive process must start when such employment situation arises:
  1. An employee or applicant with a known disability requests for an accommodation;
  2. The employer acknowledges the need for an accommodation through a third party; and
  3. When an employee uses up all leaves under existing employment laws related to disability.
Covered employers must make sure that they comply with the recent changes and implement them in their current policies and procedures in employment. On the other hand, employees and workers in California must consult with Los Angeles employment lawyers right away if their employers have not made the necessary changes yet.

Posted on Monday, April 22, 2013 by Unknown

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15 April 2013

  Image Source: http://www.chicagolegalgroup.com/wp-content/uploads/2010/11/illinois-employment-lawyer.jpg

Just before January 2013 ended, the Equal Employment Opportunity Commission (EEOC) has released a report that discusses the progress of its campaigns against job bias or workplace discrimination charges for the past year. The EEOC is one of the many government agencies that are responsible for the implementation of various labor laws enacted by the federal and state governments in the US. Through its many years of service, the agency has managed to handle, settle, and win thousands of employment discrimination charges.

Analysis of the Fiscal Year 2012 EEOC report
In 2012, the EEOC has time and again shown the effectiveness of the various programs that it have been implementing. When it comes to job bias charges, the agency has processed and pursued nearly 100,000 cases for the last fiscal year. Private sector workplace discrimination charges have dropped by 10 percent for last year. 37,836 race discrimination and 33,512 sex discrimination charges are included in the said report. Of the sex discrimination charges, sexual harassment and pregnancy were the most frequently filed charges for 2012.

On a roll
2012 has been a very successful year for the various campaigns of the EEOC as it was able to significantly reduce the number of charges for the second year in a row. Additionally, this has been a banner year for the agency as they were able to post the largest amount of monetary recovery from both the private, state, and local government through the EEOC’s administrative processes at $365.4-million.

Also last year, the EEOC has filed 122 lawsuits that include 86 individual suits, 26 multiple-victim suits, as well as 10 systemic suits. Moreover, the agency’s legal staff has managed to resolve 254 lawsuits, amounting to $44.2 million worth of total monetary recovery. And the EEOC promises more to come as it has been able to conduct 240 systemic investigation that has been key to the resolution of 46 settlements or conciliation agreements which helped them get $36.2 million to victims of discrimination.

Keeping the momentum
These achievements by the EEOC echo the agency’s dedication in giving justice to wronged employees. As the country faces another year, the EEOC promises to help bring justice to people that were abused, discriminated against, and harassed by their employers.

Continuous fight against abuses in the workplace
These successes of the EEOC in the past few years should make people have the guts to go out and fight for their rights. So if you have ever been a victim of workplace discrimination, abuse, or harassment; you can always seek the advice of Los Angeles employment lawyers to help guide you in the right direction in filing your claims for workplace abuse. The EEOC is also there to help make sure that no one falls prey to some individuals, employers, and companies’ abuse and discrimination.

Posted on Monday, April 15, 2013 by Unknown

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09 April 2013


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Job layoffs happen due to various reasons. Mostly, the announcement of job cuts is due to the financial situation of a certain entity, particularly a company. Sometimes, large companies don’t lay off a part of their workforce, especially if they are doing well with its operations and are fairly competitive in terms of its economic standing. However, even with that status, job layoffs still occur even on big-named companies.

Such was the case of the tech giant Google and the beverage company Coca-Cola. Just this month alone, these two companies announced their plans to lay off numbers of workers in their business locations.

First off was the Google’s announcement of a job layoff this month, where the search engine company decided to let go of more than 1,200 of its workers in its Motorola Mobility Division. Said layoff represented 10 percent of the manpower of Motorola, which Google acquired May last year. Incidentally, Google had already announced a layoff prior to this one. It happened October last year when the company planned to lay off about 4,000 jobs on the same division.

The layoff was partly due to Motorola’s flailing performance in which it experienced financial losses. Because of this, Google saw it fit to lay off some of its workers, as well as initiate a reconstruction of the Motorola facility and outsource much of its business.

The next one was the planned shutdown of a Coca-Cola manufacturing plant in Sacramento, Calif., which would affect at least 60 of its employees. The plant operations will cease anytime soon, and the company is in a dilemma on how to deal with the workers who were projected to be let go of their jobs.

According to the company’s spokesperson, it has not decided yet whether they’ll provide severance packages to the laid off workers or have them reassigned to a different location. Although the company promised to compensate them after the plant closure, some members of its workforce were upset after learning of the plan.

Nevertheless, job layoffs, especially involving companies such as the two mentioned above, have to be depressing on the part of the workers. Meanwhile, Los Angeles employment lawyers believe that it is important for companies to allot a certain amount of budget to help aid laid off workers, and that non-compliance to such requirement is an employment violation.

Posted on Tuesday, April 09, 2013 by Unknown

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01 April 2013

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An employment dismissal or discharge is an employment decision that is not uncommon in most workplaces. Most of the time, an employer terminates an employee if the latter makes a wrongdoing that go against the policies of the company or workplace. As such, the groundwork for arriving at such decision must always lean on what is stipulated under employment laws.

However, as far as terminating an employee is concerned, there are those employers who expose themselves to lawsuits regarding wrongful discharge. More often than not, there are motivating factors as to why wrongful termination, such as the basis of discrimination, as well as retaliation in the workplace.

Incidentally, if you are an employee, it is important that you know everything about wrongful termination. Apart from it being one of the most common employment violations in the United States, it is also one of the cases that are mostly filed by many aggrieved employees. As an employee, it is vital on your part to exercise your rights.

Apparently, if you filed for a wrongful termination claim, you may be entitled to damages. That, of course, would depend on the severity and the impact of the employment decision. They may include back pay, promotion, reinstatement, reasonable accommodations, future relief, and punitive damages.

Commonly, wrongful termination often involves an employer firing an employee because of sex, age, race, disability, and other motivating factors. Also, termination occurs when an individual refuses to engage in an illegal activity upon the employer’s request. Doing such is called retaliation, and it also happens when the employee files a claim against the employer in connection with alleged discrimination of the latter.

Because of the many instances of wrongful termination in the workplace, as well as the fact that you may be entitled to damages if you win such employment case, it is important that you consult first with any of the best Los Angeles employment lawyers in your area. By speaking with one, you are protected of your rights and reputations as an employee.

Posted on Monday, April 01, 2013 by Unknown

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25 March 2013

Unpaid wages in los angeles california, Employment Laywers

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Wage and hour claims and lawsuits are nothing new in the State of California. In fact, a lot of cases surface involving inconsiderate employers who are found to have unpaid their employees the right and just amount of wages or salaries. Whether these incidents are purely unintentional or otherwise, the fact still remains: not being able to provide wages or salaries is a violation in the California labor laws.

Take for instance what happened to a car wash establishment in Fresno, California. The California Labor Commissioner Julie Su has filed a suit against the owner of White Glove car wash after the latter was found to have failed to provide its employees minimum wage and overtime pay, among all other labor law violations.

At least 33 workers of the said car wash were affected because of the alleged violations of the car wash establishment. The lawsuit is seeking more than $279,000.00 in unpaid wages and other damages as a result of the employer’s violations. Said suit was filed in the County Superior Court of Fresno.

Basically, the Labor Commissioner’s Office found in its investigation that the owner, Manbir Walia, failed to pay proper hourly wages and overtime pay to his employees. Evidence also found that the supervisor instructed the workers not to log in to their timecards upon arrival at the car wash establishment.

Sometimes, the workers had to wait for several hours before they could log in. Because of this, the lawsuit claimed, workers who have been working in a regular eight-hour stretch may have been paid less than the amount required for them receive.

According to Labor Commissioner Su, the employer breached “the basic promise of a just day’s pay for a hard day’s work.” Additionally, the state’s Department of Industrial Relations Director Christine Baker said that such “illegal actions hurt not only the employees but also honest businesses and taxpayers.”

Meanwhile, legal experts such as the Los Angeles employment lawyers continue to urge employees and workers who have been wronged by their employers to stand up for their rights.

Posted on Monday, March 25, 2013 by Unknown

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22 March 2013


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The State of California is known having one of the most stringent yet diverse employment and labor laws. In fact, every year, amendments on certain legislations are implemented to further protect California employees from any acts of discrimination on their employers. These include expansions on some of the already-existing laws.

In fact, the start of the year 2013 brought new perspective on the employment and labor laws of the state. Some seven state laws were passed by the California legislature and Governor Jerry Brown since January 1, and one of them was the expansion of the state anti-discrimination laws protecting employees’ religious beliefs and practices.

Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating against employees on the basis of the latter’s religious beliefs. Since January 1, the FEHA expanded its definition to include “religious dress and grooming practices” as stipulated in the California Workplace Religious Freedom Act of 2012 or WRFA.

To put it simply, the new law, and subsequently the FEHA amendments, state that California employers cannot discriminate or harass their employees who wear dresses or groom themselves to work as part of their religious obligation. Not only that; employers covered by the FEHA are also tasked to provide reasonable accommodation to their employees’ religious dress or grooming practice.

Under the WRFA, an employee is allowed to wear or carry any type of “religious clothing, head or face coverings, jewelry, artifacts and any other item” in observance “of his or her religious creed.” Meanwhile, an employee can groom him or herself as part of his or her observance of his or her religious creed, including head, facial, and body hair.

Moreover, the laws state that it is unreasonable for covered employers to provide accommodation to their employees if the latter is required to be segregated from either the public or from other workers. The California FEHA now recognizes it as an illegal employment move and a clear violation of the state anti-discrimination laws.

Such amendments further established California as a state that duly protects its employees from experiencing discrimination and harassment. Incidentally, if you have been a victim of discrimination in California after you have been fired from your job because of your dress or grooming practice, you may seek the expertise of a Los Angeles wrongful termination lawyer.

Posted on Friday, March 22, 2013 by Unknown

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