Rise in Employee Misclassification Incidents a Cause for Concern

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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.

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Employers Barred From Stalking Employee’s Social Media Accounts

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 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.

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Harassed and Wrongfully Terminated Employees Score Victory Against Former Employees

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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.

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Appreciating the Contributions of Disabled or Differently-abled Individuals

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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.

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Making a Stand Against Age Discrimination

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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.

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California Chamber of Commerce’s List of “Job Killer” Bills for 2013

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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.

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What You Need to Know About the Tip Laws in California

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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.

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