28 April 2014

http://www.employmentattorneyservices.com/violation-of-whistle-blowing-laws.html

Image Source: http://www.kpaonline.com/blog/wp-content/uploads/2013/06/whistleblower-small.jpg

Not all employees are able to stand up for themselves and for other co-workers, especially in matters that concern their employers committing certain activities that are deemed illegal or in violation of any prevailing federal or state laws. It’s completely understandable that a lot of them don’t have the courage to do so, choosing to rather go with the flow of things in the workplace by following their employers’ orders. However, for employees who are appropriately called “whistleblowers,” they know that asserting their rights to correct what is wrong in the workplace comes with the possibility of risking their job security. Fortunately for them, there are laws on the federal and California levels that protect whistleblowers.

Basically, a whistleblower is someone who discloses his or her employer’s suspected violation/s of either state or federal statutes to any applicable agency, whether it is a government or a law enforcement agency. Upon doing so, he or she is afforded the necessary whistleblower protections as dictated by the prevailing federal and state laws. In this regard, employers involved are not permitted to put up adverse actions against them; doing so would violate the whistleblower protection laws. For the most part, these adverse actions are often in retaliation for refusing to engage in an activity that would violate federal and state laws and/or disclosing such violations with any agency.

There are a lot of situations wherein employers who are under fire for their alleged engagement in an illegal activity commit whistleblower violations in the form of various retaliatory actions. Basically, an employee who has “blown the whistle” may be subjected to demotion, wrongful termination, or a working environment in an effort for him or her to quit his or her job (constructive termination) in retaliation for doing any of the following:

  • Filing a discrimination claim against the employer opposing a practice that is deemed illegal under the Title VII of the Civil Rights Act of 1964 or the California Fair Employment and Housing Act (FEHA).
  • Filing a workers’ compensation claim.
  • Filing an occupational safety complaint with the Cal/OSHA.

Meanwhile, if you are an employee in California and you feel the need to report an illegal activity in the workplace, then you must disclose pertinent information right away with the appropriate agency. You are already protected under the whistleblowing laws, but don’t be complacent on doing just that. There’s still a possibility that you may be retaliated against, which is why you must be able to consult with an attorney who specializes in handling cases of whistleblowers. Your legal counsel will let you know about the legal implications of your employer’s engagement in a continuous discriminatory act or any other activity that violate federal or state statutes.

Posted on Monday, April 28, 2014 by Unknown

2 comments

21 April 2014


For most, if not all of the people with disabilities, finding something to do and keep them preoccupied is such a big challenge. Given their disabilities, these people would want to be able to contribute something their home or society rather than just being there and how difficult is it more for these people to find sources of livelihood. Is it possible for these people to land jobs given their disabilities? Well, the answer to that is yes. In fact, there are many disabled employees working all over the country and the whole world. However, are these people getting the right jobs are prone to employment discrimination because of their disabilities. While laws to protect these poor employees do exist, there are certain loopholes that puts employees at a great disadvantage.

Overworked, Underpaid
One of the biggest legislation loopholes that leave people with disabilities in compromising situations is the Subminimum Wage Law. Under Section 14C of the U.S. Fair Labor Standards Act of 1938 called the Special Minimum Wage Certificate, this law allows companies to pay disabled people below the federal minimum wage. For example, a company, employs 7,500 employees which account for seven percent of their total number of workers is being paid following that legislation. However the companies believe that things better stay the same as increasing the wages they are paying their disabled workers will only cause harm in general. According to experts, such pressure and push could lead to the closure of some production.

Fighting Discrimination and Abuse
If you are a disabled person and are being discriminated against in your work by being subjected to many different forms of abuse, then you must stand up and know more about your rights as an employee. If you think you are being taken advantage of by your employer, go and find the best California employment law attorney that you can help you. File an employment law violation claim against your employer and get the compensation and justice you deserve for everything that you have been made to go through because of your disability. Moreover, you also save other from falling for these schemes and you can save disabled people from being taken advantage of by irresponsible and abusive employers.


Source: http://america.aljazeera.com/articles/2014/3/27/goodwill-paying-penniesperhour.html

Posted on Monday, April 21, 2014 by Unknown

2 comments

15 April 2014



Everybody knew about Dr. Martin Luther King Jr. and his great contribution to help realize the drafting and implementing of laws for civil rights and put a stop to workplace discrimination(read more). That is why MLK has been getting much praise and accolades. Sadly though, not a lot of people know about Cesar Chavez who celebrates his birthday every fourth of February. But who is Chavez and what has he done to deserve our respect and admiration?

Cesar Chavez’s Legacy
The US Department of Labor Secretary Tom Perez relived the many life and contributions of the legendary founder of the United Farmworkers Union in his 87th birthday. In the launch of his biopic Chavez’s many contributions to the labor sector has been remembered in the discussion of his life. Being a migrant farmer, Chavez endured a very difficult life since his childhood. Even though he has attended at least 35 schools, he never received a formal education beyond 8th grade. He was also a US Navy veteran, serving in the Pacific after World War II. Chavez organized and led farm workers as they struggled to get fair wages and put an end to their very bad working conditions.

Revolution Sans Violence
Like MLK, Chavez also pushed for non-violent resistance, believing that it is the best way to empower the people, help them secure their rights and dignity. He fasted to expose the exploitation of farm workers. He was a master of the politics of civil disobedience and boycott. Because of his selfless dedication and sacrifice for the betterment of every working American, he was inducted in the DOL’s “Hall of Honor” in 1998. One of the agency’s auditorium was named in his honor. Chavez continues to be an inspiration to every employee of the DOL and is revered by people and organizations fighting for equality in the workplace.

“Si Se Puede”
If you are for equality and justice, you should continue to live by Cesar Chavez’s mantra. By working together, believing in each other and pushing for fairness, equality, and the stoppage of any act of discrimination in the workplace, “Si se Puefe”, yes we can emulate Cesar Chavez and continue to fan the flame of his passion and ideals.


Source: http://social.dol.gov/blog/si-se-puede-the-legacy-of-cesar-chavez/

Posted on Tuesday, April 15, 2014 by Unknown

1 comment

11 April 2014

 


The Roman Catholic Church is indeed changing its ways. Under the stewardship of Pope Francis, the usually conservative church is now rethinking its principles, especially on how they see same-sex unions. As confirmed by Cardinal Timothy Dolan, the pontiff expressed the intention to stop quickly condemning people involved in same sex marriages. Dolan said that the Pope, while reaffirming the church’s opposition to same-sex marriages, called on to the Church that the concept of gay unions be reviewed. The Pope said that the Church should not be quick to judge lesbians, gays, bisexuals and transgenders (LGBT) right away. This is a major breakthrough as this has been the only time that a leader of the Catholic Church has shown a different stance when it comes to same-sex unions. While the Pope maintained that the Catholic Church’s teachings stay, it may be best to look at different cases and try to evaluate the same in their variety.

However, while members of the LGBT community believes that this is another great step forward for gender equality, a Christian charity organization seemed to do otherwise. World Vision reversed its earlier decision to employ Christians that are in same-sex marriages. The organization made such decision after around 2,000 sponsorships were cancelled after they heard about the company’s earlier decision.

A “Mistake”
World Vision on March 24th 2014 decided that they were changing its policy against the hiring of Christians that are in same-sex marriages. However, a few days after, the organization decided to take back its earlier decision. Richard Stearns, World Vision’s President said that the board “made a mistake” and instead “chose to revert” to their “longstanding conduct policy”. World Vision is requiring employees to sign a code-of-conduct. In the contract, employees are prohibited from engaging in premarital sex, or for married workers, committing adultery. And so, jobseekers in same sex marriages are forced to find new opportunities.

The LGBT Community Reacts
Some gay couples called this action by World Vision a clear case of employment discrimination. According to the Title IV of the Civil Rights Act of 1964 prohibits any form of discrimination on the basis of one’s sex or gender. However, instances of workplace discrimination still persists. A Los Angeles employment lawyer is urging possible victims of this and other similar schemes to come forward and file the employment discrimination claims to correct these unfair practices by employers in the country.


Source: http://america.aljazeera.com/articles/2014/3/26/charity-reversesdecisiontohirechristiansinsamesexmarriages.html

Posted on Friday, April 11, 2014 by Unknown

1 comment