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Aged Teacher Sues School Administrators for Refusing to Grant Promotion

Being too old for a supervisory post tend to shun employers. Administrators argue that aged employees lack the agility and attractiveness that are vital for leadership, but are present among younger employees. Sadly, this reason may put owners into legal trouble as Title VII of Civil Rights Act prohibits such ...

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Sexual Harassment Suit Against Steven Seagal Dismissed

Sexual Harassment Suit Against Steven Seagal Dismissed

Action star Steven Seagal made the news a few months ago in the most unsavory way when a former personal assistant accused him of sexual harassment and illegal sexual trafficking. The lawsuit, which was filed against him by a former model Kayden Nguyen, asked for more than a million dollars worth ...

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David Carradine’s Widow Sues French Film Company for Wrongful Death

David Carradine’s Widow Sues French Film Company for Wrongful Death

The wife of deceased actor David Carradine has filed a wrongful death lawsuit against the French company who was handling Carradine’s film before he died. The actor had only been in Bangkok, Thailand for 3 days when he died. [caption id="attachment_270" align="alignright" width="168"] "David Carradine’s widow filed a Lawsuit for Wrongful ...

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Britney Spears’ Former Bodyguard Claims He Was Sexually Harassed

Britney Spears’ Former Bodyguard Claims He Was Sexually Harassed

Oops, she did it again. Former pop princess Britney Spears’ ex-bodyguard is now claiming that he was sexually harassed by the star during his employment. According to Fernando Flores, Spears constantly “came onto” him and walked around naked in front of him. He is allegedly considering filing a multi-million dollar lawsuit. [caption id="attachment_279" ...

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How To Survive An Office Romance Gone South

How To Survive An Office Romance Gone South

Breaking up is hard to do, especially if you’re involved with an officemate, or worse, a superior. In an era rife with sexual harassment lawsuits, many workplaces have enacted policies about prohibiting relationships between employees or managers such as Starbucks. But office rules and regulations cannot exactly stop love, especially since ...

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Protection for Youth Workers

Protection for Youth WorkersIn the time of soaring prices, higher cost of living, and problems with employment, more and more people are seeking sources of livelihood to help them survive. That is why even the youth are trying to find ways on how to earn money. During the summer, young people in their breaks try to take advantage of their idle time by trying to find summer jobs that could help them earn more money that they need.

Prone to Abuse, Harassment, and Discrimination

However, given most young people’s naivety, they have the greater chances of being taken advantage of some employers that are preying on young, naïve people in need of jobs. Most of these poor employees barely know a thing or two about their rights and the legalities of working. And so, here are some of the things that a minor employee should be made aware of.

Minimum Allowed Age for Work

According to the Fair Labor Standards Act (FLSA), only minors 14 years old and above can do non-agricultural work. However these are the only jobs that children of all ages can perform without having problems with the law:

-          Performing on TV, movies, and theatrical productions

-          In businesses owned by their parents (exemptions include mining, manufacturing, and hazardous jobs)

-          Babysitting or minor chores in a private home

-          Homeworkers in gathering evergreens and making evergreen wreaths

It must be noted though that there are differing age requirements that apply in employing minors in agriculture. Furthermore, depending on the state, some state laws are made that changes the restrictions of age when it comes to employment of the youth.

Hour Limits

As heavy labor can affect a minor’s development, one should also be mindful of the number of hours that a youth can be allowed to work. Here are the number of hours that a 14 and 15 year olds are limited to.

-          Hours out of school

-          3 hours on days with school

-          18 hours for a week with school

-          8 hours on a day without school

-          40 hours for weeks without school, and

-          Minors can only work from 7 am till 7pm except from June 1 up to Labor Day where the evening hours are extended up to 9 pm.

As for minors aged 16 years and older, the FLSA puts no limit in as far as the number of hours are concerned.

Minimum Wage and Work Permits

For the first 90 consecutive calendar days, youth workers aged 20 and below must be paid $4.25 per hour, which is the prevailing “Youth Minimum Wage”. After that, the FLSA says that they should be paid the full federal minimum wage. As for the work permits are concerned, youth workers are not required to have work permits or working papers. However, school counselors may be asked to provide a work permit is needed when a youth worker is applying for a job.

And so, to keep one from getting abused, harassed, and discriminated against by their employer and fall victim to their many ploys, one must make it a point to learn and understand these laws better, or ask the help of a California labor and employment law attorney to file charges against abusive employers taking advantage of the country’s young workers.

Posted in Employment Opportunity, Employment Rights.

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California Employment Laws to Watch Out for in 2015

California Employment Laws to Watch Out for in 2015In just a few days from now, we are about to enter 2015. Indeed, it is a brand new year and new start for everyone. California employees, in particular, are looking forward for 2015 simply because of the new laws that would significantly impact the workforce, as well as the whole aspect of employment in the state. Thus, here are some of the notable California legislative bills that have been signed into law by Governor Edmund “Jerry” Brown and would take effect next year:

  • Assembly Bill 1522. AB 1522 was approved by the Governor on September 10, 2014, enacting the Healthy Workplaces, Healthy Families Act of 2014, and is expected to take effect July 1, 2015. Here, all employers, regardless of size and sector (public or private), must be able to provide all workers with sick leave. A worker accrues one hour of sick leave “at a rate of no less than one hour for every 30 hours worked.” He or she “would be entitled to use accrued sick days beginning on the 90th day of employment.”

  • Assembly Bill 2053. AB 2053 was approved on September 9, 2014. This would add to the already existing requirement of employers with 50 or more employees to provide at least 2 hours of training and education with regards sexual harassment to all employees handling supervisory roles once every 2 years. With the bill signed and passed into law, the training requirement would prevent further “abusive conduct.” In other words, the focus won’t only be on training against harassment based on sex, but any verbal abuse or physical conduct regardless if it is based on sex/gender or not.

  • Assembly Bill 1660. AB 1660 was approved September 19, 2014. This law makes it illegal under the state’s Fair Employment and Housing Act (FEHA) to discriminate, harass, or retaliate against an individual because he or she holds or shows a driver’s license under the provisions sets forth by the Department of Motor Vehicles (DMV) last year. The provisions, as required by the law, stipulate that the agency must issue California driver’s licenses to those who are “unable to submit satisfactory proof that the applicant’s presence in the United States.” That is, as long as he or she meets certain requirements for licensure and being able to show acceptable proof of his or her residency in California.

These are just some of the laws to watch out for next year. Employees must be able to take note of these developments. Employers must do the same or they could risk facing legal consequences if they fail to adhere to these newly-signed bills in 2015.

If you wish to read more about Employment Law in California, you can simply visit this website: http://www.employmentattorneyservices.com/

Posted in Employee Rights, Labor Laws.

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Know the Various Wage and Hour Claims You Can File as a California Worker

Know the Various Wage and Hour Claims You Can File as a California WorkerWage earners in California are afforded protections under the California Labor Code and the wage orders from the Industrial Welfare Commission (IWC). Under these laws, they are entitled to be paid wages rightfully and promptly by their employers. A lot of them, however, are being denied wages that are lawfully owed to them, with some employers doing so willfully. Fortunately for them, workers denied of their wages can bring claims against their employers through either the California Labor Commissioner (Department of Labor Standards Enforcement) or through civil court via the legal assistance of a Los Angeles labor lawyer.

If you are a California wage earner and you have been denied of your wages, then it is a must that you consult with the aforementioned legal counsel right away. Your wage issue against your employer might be unique, but the attorney who would serve as your legal advocate often handles various types of claims that might fit your situation. Here are some of them:

  • Claim for unpaid minimum wage. Under the labor laws in the state, you are entitled to a minimum wage rate of $9.00 per hour. In 2016, the rate would increase by a dollar, making California’s minimum wage at $10.00 per hour. If you are being paid less than the minimum wage, you need to file a claim that would enable you to collect the difference of the amount you are being paid and the amount you should have been earning under the minimum wage. Aside from the difference, you may likewise be able to claim liquidated damages, which is equal to the amount of wages owed to you.

  • Claim for unpaid overtime wages. You are entitled to overtime if you are a non-exempt employee. Under the prevailing labor laws in the state, overtime is equal to one and one half times the regular rate of pay for workers who perform work over 8 hours in a workday or 40 hours in a workweek. Make sure that you speak with your attorney when determining if you are truly entitled to overtime as a non-exempt employee.

  • Claim for double-time wages. If you are working for more than 12 hours in a workday, then you are entitled to wages that are double your regular rate of pay. It is a must that you recover any unpaid wages due to you, since it is twice the regular rate.

  • Claim for unreimbursed expenses. If you incurred mileage costs for using your personal car within your working hours, then your employer must be reimbursed for it. If not, then you are entitled to file a claim through either the Labor Commissioner or the civil court.

Posted in wage and hour claim.

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Joe Biden: Employment Discrimination against Gay is Close to Barbaric

Joe Biden

Image gives credit to AP.

In a recent effort to combat employment discrimination on the basis of gender orientation and sexual preferences, U.S. Vice President himself has called on the Congress to pass a legislation that would curb said malpractice.

For a country to debate whether to pass such measure or not is pretty outrageous for Biden. It is not something to be subjected for a debate, he claimed.

During his speech before the gay advocacy group, Human Rights Campaign, last Saturday, Biden even called the malpractice of employment discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals as “close to barbaric”.

In some states, employees can be fired or denied of employment and benefits due to their sexual orientation or gender identity.

“Imagine 20 years from now as America looked back and say ‘How in the hell can that even been allowed?’ The country’s moved on, the American people have moved on,” -Biden.

Like the other advocates of the anti-sex and gender discrimination law, Biden believes that it is the perfect time for Congress to pass the Employment Non-discrimination Act (ENDA), which is currently being impeded in Congress.

The said bill would make it illegal for employers with 15 or more workers from subjecting employees to employment discrimination on the basis of gender identity or sexual preferences. However, the law would not cover religious institutions and the military.

Ironically, despite the countless efforts of advocates and even the federal government to combat discrimination against LGBT, the result is still vague. But at least this time, the bill has made a remarkable pass in the Senate last November.

 

Posted in employment discrimination, Sex and Gender Discrimination.


Activists Push Obama to Sign Executive Order Banning Employment Discrimination against LGBT

Image gives credit to Washington Post and AP.

Image gives credit to Washington Post and AP.

The bill to end employment discrimination against lesbian, gay, bisexual and transgender (LGBT) employees may have gone too far, but still, it hasn’t reach the point where the entire nation would finally see it as a law.

Thus, in a recent string of effort to push the bill that aims to protect the LGBT individuals working under federal contractors from being discriminated on the basis of sexual preference or gender orientation, gay rights advocates have once again called on President  Barack Obama to sign an executive order banning LGBT discrimination.

In his statement, legislative spokesperson Ian Thompson said while at the Washington Office of the American Civil Liberties Union:

“This is the single most important thing that President Obama can do on his won in his second term to eradicate discrimination from the workplace.”

On the other hand, White House spokesperson Jay Carney said in his previous statement that the administration remains firm in pushing Employment Non-discrimination Act (ENDA), which is far similar from an executive order. ENDA focuses on reaching companies that do not do business with the federal government. The said bill would only ban discrimination based on sexual orientation and gender preference by most companies with 15 or more employees.

For the current administration, it believes that ENDA would be a legislative remedy that is more comprehensive. However, although the bill has already passed the Senate last November, Speaker John Boehner, pledged not to bring ENDA for a vote in senate this year.

Thus, the only hope the LGBT advocates hold on to so far is an executive order. However, experts have anticipated that if Obama uses his administrative power to sign an executive order, it could most likely provoke the Congress, which would only make it harder for the bill to pass.

Another reason why the administration remains hesitant in issuing such executive order is because every time Obama uses his administrative power, he is like raising expectations that he can act the same way on other pressing national issues like the immigration reform, speculated by the experts.

Thus, gay rights advocates fear that time could be running out for the president to act on the matter. While Obama loses sufficient time to address the issue, advocates as well somehow lose their last hope to end discrimination against the LGBT individuals, they claimed.

 

Posted in employment discrimination.


Transgender Athlete Sues CrossFit

TransgenderFor years, we have seen how the federal government struggles to fight discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals, but obviously the misconduct remains to be prevalent everywhere up to present.  

An elite fitness center is now in hot water after a transgender athlete sued it for not letting her compete in the women’s division at its upcoming game event.

Media sources have it that Chloie Jonnson had filed a discrimination lawsuit against CrossFit.

In her lawsuit, Jonnson claimed that she was not allowed to compete in the women’s division by the fitness center giant in its upcoming CrossFit Games because she was born male.

Meanwhile, CrossFit reiterated in its letter sent to media that Jonnson need to compete in the Men’s Division. It argued the fact that although the athlete already had a sex reassignment procedure, she still has the genetic structure that provides both physiological and physical advantage over women, according to a news report.

Jonnson is seeking for at least $2.5 million in damages in her lawsuit.

For others, while CrossFit opens its door for transgender athletes, it apparently kills fairness and equality of the competition on the other hand.

 

Posted in employment discrimination.

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Former Amazing Race Contestants File Employment Discrimination Lawsuit

The former Amazing Race contestants, Idries and Jamil Abdur-Rahman. Image gives credit to the Amazing Race / CBS.com.

The former Amazing Race contestants, Idries and Jamil Abdur-Rahman. Image gives credit to the Amazing Race / CBS.com.

Two former contestants of the reality TV show the Amazing Race is currently suing a hospital for allegedly refusing to hire them due to their race and religion.

According to recent news reports, twin brothers Idries and Jamil Abdur-Rahman, both practicing obstetrics and gynecology, claimed in their lawsuits that the OSF Saint Elizabeth Medical Center refused to hire them because they are Muslim African-Americans.

Under the said lawsuit, the twins worked for Community Hospital of Ottawa, which was later renamed as the Ottawa Regional Hospital and Healthcare Center. Eventually, the said institution decided to merge with OSF Saint Elizabeth Medical Center and then changed its name again to OSF Saint Elizabeth Medical Center.

Soon after the merger, the brothers were informed that should they be employed by the company, they are required to sign an agreement which states that they will abide with the Ethical and Religious Directives for Catholic Health Care Services as physicians at the institution.

In fact, during a meeting back in July 2012, the president and a chief medical officer of the said health care institution told the brothers that they will make an impressive offer to hire the twins after a verbal assurance that they would abide by the institution’s religious and ethical directives.

However, in December 2012, the two men were informed that the institution had decided not to hire them since they are unlikely to abide by its ethical and religious directives.

Thus, the brothers sued for two counts of labor violation.

The hospital on the other side is affirmed that it remains committed to serving all who come through them with the greatest love and care according to reports.

The brothers who both appeared on Season 22 of the reality show, the Amazing Race back in 2013, are now reportedly practicing medicine at a new institution.

Posted in employment discrimination, Religious Discrimination.

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How Federal Government Tries to Combat Discrimination against LGBT through the Years

LGBTRight from the start, employment discrimination on the basis of gender preference and sexual orientation is relatively rampant across the country, and this is evidenced by the records revealed by the Equal Employment Opportunity Commission (EEOC).

In fact, during the 1990s, lesbian, gay, bisexual and transgender individuals experienced a really dark phase.

Incidentally, in an aim of outspreading equality in the entire nation, the federal government has come up with different legislations that would combat discrimination through the years.

Don’t Ask, Don’t Tell – 1993

This law only applied to members of the military and veterans. The legislation mandates service members to keep their sexual orientation or gender preference a secret unless they want to be punished by discharge.

Employment Non-discrimination Act (ENDA) – 1994

This was the year when ENDA, which would ban employment discrimination against gender preferences and sexual orientation in the workplace, was first introduced. The bill failed to pass Congress but until present, supporters of the said legislation are not yet losing hopes. In fact, the bill is always being re-introduced since then following several modifications.

The bill only gained its best chance last November, after it finally passed the Senate floor for the first time in U.S. history.

Don’t Ask Don’t Tell Repealed – 2010

Following this remarkable repeal of Don’t Ask, Don’t Tell, service members are no longer required to hide their real sexual orientation or gender identity in order to remain in service.

Defense of Marriage Act (DOMA) Repealed – 2013

The U.S. Supreme Court has made a historical change after it declared the Section 3 of DOMA as unconstitutional. Meaning, same-sex marriage is now recognized by the federal government.

Unfortunately, despite the federal government’s efforts to push comprehensive laws that would end employment discrimination against LGBT, it is still legal to fire or refuse to hire LGBT individuals on the basis of gender preference or sexual orientation in most states.

Thus, many of the Americans are likewise pushing for a law that would eventually end the workplace inequality. In fact, a recent poll has it that about third-quarters or 72 percent of Americans support anti-gay discrimination laws.

 

Posted in employment discrimination.

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Former Female Basketball Coach Files Wrongful Termination against SDSU

Beth Burns with an SDSU women's basketball player. Image gives credit to SDSU's official web page.

Beth Burns with an SDSU women’s basketball player. Image gives credit to SDSU’s official web page.

A former women’s basketball coach is suing the San Diego State University (SDSU) for wrongful termination.

In her lawsuit, Coach Beth Burns claims that she was fired in retaliation. She claims that SDSU fired her in retaliation for complaining about the unequal treatment between men and women’s athletics in the women’s athletics at the Division I.

Burns further specifies in her complaint that she spent thousands of her own money to aid in supporting the staff and the team. Also, she affirmed that SDSU forced the team to count male practice players as female participants in the university’s annual mandatory gender equity report.

It could be remembered that it was April last year when the news about Burns’ resignation came all of a sudden.

Previous news reports have it that she left SDSU because she was told that she must either resign, retire or get fired due to an alleged workplace violence incident involving that she was involved in, which was incidentally videotaped during a game.

Under the said video, Burns was seen hitting a clipboard that her assistant coach Adam Barrett was holding. She was also seen hitting the coach in the shoulder.

So as to save her pension, Burns opted to retire although she argued that she did not intentionally strike anyone.

Burns is also suing the university for Breach of Contract along with her termination complaint.

So far, the university is not giving comments regarding the matter.

During her career, Burns made remarkable wins than any coach in the entire history of San Diego State University women’s basketball team. She also helped the team to make seven NCAA appearances. She was, in fact, named the Mountain West Conference of the Year for two years in a row.

 

Posted in Wrongful Termination.


Another NFL Cheerleader Comes Out to Sue Team for Wage and Hour Claim

Image gives credit to Cincinnati Bengals official website.

Image gives credit to Cincinnati Bengals’ official website.

After the Raiders’ cheerleader first came out to sue their team for wage and hour violation, the Cincinnati Ben-Gals’ cheerleader is now next in line to file for a similar complaint against the team.

Recent news reports have it that one of the Cincinnati Bengals cheerleader, Alexa Brenneman, has filed a class action lawsuit against the said team.

In her lawsuit, Brenneman has alleged that the said NFL’s Ohio team violated the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act.

She claimed that they were only paid at most with $90 per home game of the team. She further claimed that for more than 300 hours they worked in a year for mandatory practices, public appearances, pre-game time at the stadium, promotions and pictorials, her pay rate comes out to less than $2.85 an hour.

So far, Ohio’s minimum wage rate per hour is $7.85.

Brenneman’s lawsuit comes after a string of wage and hour claims filed by two Oakland Raiders’ cheerleaders has emerged. Apparently, the latter’s previous move has prompted the Ben-Gal cheerleader to come out as well to voice out their concerns.

Meanwhile, the Cincinnati Bengals were said to respond in due course to Brenneman’s lawsuit.

Apparently, these women have just pulled the trigger. Many believe that in the next few months or even weeks, these two lawsuits would prompt more cheerleaders to seek an end to the wage and hour violation committed by most NFL teams.

 

Posted in wage and hour claim.

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