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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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Understanding Religious Discrimination Under Title VII

Understanding Religious Discrimination Under Title VIIA lot of employees center their lives on their faith. Indeed, carrying out religious beliefs, which include adhering to religious observances, grooming, dressing and eating practices, is an employee right that every employer must always consider. Under anti-discrimination laws, subjecting employees to any form of discrimination or harassment on the basis of their religion is prohibited.

Unfortunately, instances of such still occur. In fact, according to the Charge Statistics from the Equal Employment Opportunity Commission (EEOC), of the 93,727 total charges filed with the agency during the fiscal year 2013, about 4 percent of them were religious discrimination claims. Although they only account for a small percentage, they are nonetheless significant.

Prohibited Under Title VII

One of the federal laws that the EEOC enforces is the Title VII of the Civil Rights Act of 1964, which provides that employers with 15 or more employees are not allowed to discriminate against or harass employees on the basis of their religious beliefs or their non-association to any religious belief. This covers every aspect of employment, from recruitment and hiring to termination.

For instance, it is not allowed for an employer to not refuse a qualified applicant of a certain religion. In the same vein, an employer cannot refuse to hire the same because the latter does not share the same religious views with the employer. It is also not allowed for an employer to enforce promotion requirements for qualified workers who practice a certain religion. Likewise, termination on the basis of one’s conversion to another faith is prohibited.

The said Act also does not allow covered employers to deny employees’ requests for reasonable accommodations with respect to their religious beliefs or their non-association to any religious belief. An example of an accommodation includes a request to be exempted from the company’s policies so that an employee could wear any clothing or groom oneself in accordance with his or her religious beliefs. Another is a request for non-work on a certain day of a workweek in order to strictly adhere with his or her religious belief (e.g. requesting to skip work to attend a church service, not working on the Sabbath day).

Moreover, retaliation is also not allowed under Title VII. Here, employers cannot subject an employee who exercises a protected activity—filing a complaint of alleged religious discrimination with the company HR or a charge with the EEOC—to adverse employment actions such as demotion, salary deductions, or termination.

Asserting employee rights against this form of discrimination

Employees or job applicants who have been subjected to discrimination, harassment, or retaliation on the basis of their religious beliefs must be able to assert their rights. It is imperative to first report any discriminatory, harassing, or retaliatory treatment to the employer, particularly the company HR. If the concerns were not addressed, it would be best to proceed filing a charge with the EEOC or any other appropriate agency. Alternately, seeking the legal expertise of a reputable Los Angeles employment discrimination lawyer would also do.

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CAN Licensure Ban Lifting for People With Criminal Record: Yay or Nay?

CAN Licensure Ban Lifting for People With Criminal Record Yay or NayEverybody deserves a second chance. That is what an old adage says. Though this may be a cliché, truly, people who have done wrong, have accepted their sentence or has served jail time, and has completely paid for their wrongdoing should really be given the chance that is due them. However, such incarceration often leaves a stigma to these people. This stigma causes employers not to trust these individuals should they plan to apply in the former’s offices. This makes it harder for people with criminal records to get the jobs to help jumpstart their lives. Most often than not, employers do not hire, and in the process commits an act of employee discrimination these people, just because of their criminal record, but is this even legal?

Bill to Help People with Criminal Records Get Back To Work

In California’s healthcare industry, people with criminal records are often disregarded when owners are looking for possible employees. This has been a major issue since this makes life even more difficult for people who have been incarcerated before. That is why people with criminal records are not hired as certified nursing assistants (CNA) and those who would try to apply for one are automatically denied.

The California Department of Public Health Legislative and Governmental Affairs letter of opposition to the bill noted that people who hire CNAs in the state are elderly people that have no means to “protect themselves against victimization” like fraud, theft, neglect, abuse, or other criminal activity. The CDPH believes that people with former criminal record may not be fit to take care of such people as they may abuse their licenses and victimize elderly people. The CDPH believes that it is their duty to protect these patients from possible abuse.

Real Dangers

Should the bill be signed into law and enacted, the CDPH says that people convicted of murder, manslaughter, kidnapping, torture, assault and battery, rape, sex crimes involving children, child abuse and abandonment or neglect of children, crimes against elders, dependent adults, and persons with disabilities, burglary, robbery, various kinds of theft that includes embezzlement, forgery, extortion, and receiving stolen goods can put the lives of people who needs healthcare in danger if the applicants aren’t properly screened. Besides, the CDPH believes that there are enough remedies to allow a person to get certification if they really are eligible. Moreover, there are other legal remedies that a person can take, should he or she disagree with the decision of the CDPH.

An Act of Discrimination?

Some parties have expressed their disapproval in the CDPH’s opposition, citing that this breeds employment discrimination. Moreover, they believe that these convicted people who have paid for their trespasses should be given the second chance that they need to be able to support themselves and their loved ones. However, the CDPH clears that this is not an act of discrimination against people with criminal records as the dangers that the agency cited are real and are too serious to just ignore.

According to an employment discrimination lawyer based in California, existing anti-discrimination laws do not offer protections to convicted people from discrimination. However, he believes that the CDPH has raised valid fears and that the houses of Congress should really be able to tackle these well. Such will help come up with a win-win solution not just for these people in need of jobs and the people, often disabled, that needs the medical attention of health workers that they could trust.

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Blood Donation Ban on Gays: Another Issue for LGBTs to Fight

Blood Donation Ban on Gays Another Issue for LGBTs to FightThe lesbians, gays, bisexuals, and transsexuals (LGBT) have seen a lot of victories recently as a result of their continuous fight to be afforded of various rights. In the aspect of employment, for instance, the Employment Non-discrimination Act (ENDA) have been approved by the U.S. Senate last year, and if passed into law, it would provide LGBT individuals rights against discrimination on the basis of their sexual orientation or gender identity. While the federal government is yet to afford employment protections for LGBTs, the recent development on the ENDA is still a step forward to their cause.

It also helps that a lot of states have already enacted their own laws that prohibit workplace discrimination on the basis of one’s sexual orientation or gender identity. According to a Los Angeles employment lawyer, the State of California, for example, is one of the many U.S. states that prohibit sexual orientation and gender identity discrimination in both public and private employment.

Despite this, the LGBT community continues to fight for their rights, and that there are issues needed to be addressed. In fact, here is one that not a lot of people are aware of: gays are still prohibited from donating blood. As a matter of fact, it is a ban that obviously stands to this day.

Said ban was established in the late 70s, during the time the medical community was alarmed by the rise of AIDS cases in the U.S. and the growing fears that blood infected with human immunodeficiency virus (HIV) could threaten the whole medical supply of blood in the nation. Since the ban was instituted, gay men, as well as any men who have had at least one sexual intercourse with another of the same sex, were not allowed to donate blood.

Ironically, women or heterosexual men are allowed to donate blood after having waited a year since they had sex with someone infected with HIV/AIDS. Even people who have had sex with prostitutes can likewise do so, provided that they delay for a year after the sexual intercourse. Indeed, many of those who were frustrated by the ban see it as a civil rights issue, because it implicates gay men and bisexual as the only ones who only contract HIV or AIDS.

Fortunately, progress is underway. A lot of medical associations, from the American Red Cross, America’s Blood Centers, to the American Medical Association, are all calling to make a drastic change on the existing policy. The U.S. Department of Health and Human Services is likewise looking at the effects of loosening the ban, which has been standing since 1977. Indeed, the LGBT community, especially the gay and bisexual community, is now looking forward to the day they could be able to donate blood, which would be another victory for them.

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Redefining the Term “Spouse”

Redefining the Term “Spouse”

For the longest time now, members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community have been struggling in their fight against discrimination and aspire for acceptance by the community. Throughout the years, the LGBT community has been having steady gains when it comes to their battle for recognition and respect. However, these gains are very minimal to what this group aspires for. They want equal opportunities and support from the government for the members of the LGBT community, as well as an end to workplace discrimination against them.

Proposals to Amend FMLA Rules

Now, the LGBT community seems to have found an ally with US Secretary of Labor Thomas E. Perez. The secretary has announced a proposal to change the rules that apply to the protections of the Family and Medical Leave Act (FMLA). This proposal allows eligible employees in legal same-sex marriages protections under the FMLA. Such would make sure that families now can enjoy better flexibility in dealing with serious medical and family situations minus fears of losing their jobs. But what exactly are these amendments and how can these help protect the jobs of the LGBT community?

What “Spouse” Should Mean?

The DOL published a Notice of Proposed Rulemaking (NPRM) to be able to revise the definition of the term “spouse” under the FMLA. This move was made after the US Supreme Court has decided that the Defense of Marriage Act (DOMA), particularly section 3, was unconstitutional. Here are some of the contents of the NPRM:

-          The Department is proposing that the “state of residence” rule shall be moved to a rule that is based on where the marriage was held. This can be called as the “place of celebration”.

-          This proposes a new definition of the word “spouse” as to being more than husbands and wives. The proposal aims that couples in same-sex marriages should also be included in addition to common law marriages. Moreover, this will encompass same-sex marriages that has been entered into abroad that could have also been entered into at least one State.

-          Furthermore, the Department is proposing the following changes in as far as the definition of spouse is concerned:

  • In the statue of the FMLA, a spouse is defined as a husband or wife. Now, husbands or wives should refer to one whom an individual entered into marriage that is defined or recognized by state laws. By this definition, the marriage of a couple in a same-ex or common law marriages should be recognized.

Through these proposals, couples in same sex and common law marriages will soon be allowed to enjoy the benefits of the FMLA, taking away the discrimination over couples because of such technicalities. While the LGBT community is happy about this latest development, they are hoping for more radical changes in the FMLA. No less than President Barack Obama has called on the stakeholders to help ensure that federal statutes be reviewed and make sure that the benefits and obligations are fulfilled and given to the beneficiaries regardless of their gender.

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Job Accommodation Network: Giving Employees with Disabilities the Help That They Need

Job Accommodation Network: Giving Employees with Disabilities the Help That They Need
A person’s disability doesn’t make him or her less of a person. These people may have impairments but that does not take away one’s skills and talents. These people need acceptance and help to let them achieve their full potential. That is why according to the many labor and employment laws, prohibits discrimination, harassment, and the abuse of disabled people. Moreover, these laws encourage employers to extend reasonable accommodations for these people. By reasonable accommodation, the law means that employers must give consideration and extend accommodations to disabled employees, long as it does not cause undue hardship to the former.

Guidance for Better Compliance

Sadly though, not a lot of people understand how this law works. That is why some employers end up not adhering to this law. And so, it is important that these employers are educated about these laws well to guide them and help them better comply with these laws. This is one of the reasons why the Job Accommodation Network (JAN) is instituted. This service of the US Department of Labor is responsible for helping employers by guiding them in providing workplace accommodations to employees and other issues concerning disability employment. JAN helps provide practical solutions that are to give benefits to both employers and employees.

JAN and Employers

JAN provides a lot of help to employer. Through JAN, big or small employers, employee representative, service providers, even government agencies receive the help that they need. Through JAN, private employers can:

-          Hire, retain, and promote disabled employees that fit a certain qualification,

-          Understand how having people with disabilities make great business sense,

-          Learn workplace accommodation options as well as practical solutions,

-          Help give employers the protection for their business by educating them about disability-related legislation,

-          Impart employment practices that helps save them money through reduced employees’ compensation, as well as other insurance costs, and

-          Help them address issues when it comes to accessibility

Furthermore, JAN helps federal agencies to:

-          Benefit from the talent and skills and the talents of  these employees are offering

-          Help in the identification of resources that can help them learn schedule and more about the employment of disabled people.

-          Help federal agencies understand their responsibilities under the ADA, as well as Section 5 of the Rehabilitation Act.

JAN and Employees

JAN helps disabled employees get guidance on workplace accommodations, the laws like the Americans with Disabilities Act (ADA) as well as related legislation, even self-employment and their entrepreneurship options, which are available online and via the phone. Moreover, JAN also helps people with disabilities to increase the chances of them getting hired and succe4ed on their selected jobs. Specifically, JAN helps employees to:

-          Better understand and be aware of their rights under the ADA and the Rehabilitation Act,

-          Educate them about the benefits of asking for accommodations from their employer or potential employer,

-          Finding the specific accommodation as well as accessibility options that helps them be successful at work

-          Provide leads to find government resources as well as agencies that can help them find jobs or be successful in their current work.

Should you want to receive help like reporting cases of discrimination in the workplace or any abuses under the ADA, you can reach JAN by calling them at (800) 528-72347 or (877) 781-9403 (TTY), visit www.AskJan.org, JAN’s social network accounts, and in-person trainings. For Spanish speaking individuals, no need to worry for JAN also offers assistance in your language.

In these modern times, employment discrimination on the basis of one’s disability is just unacceptable. One should know that they can file a case against your employer. By hiring a workplace discrimination attorney, you can avenge the injustice that has happened to you.

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Your Guide in Filing a Discrimination Case

Employees in the federal are some of the most underrated workers ever. These workers usually have long work hours with very minimal rest. Despite these working conditions, some of the employees suffers from abuse that makes their situation all the more worse. These employees oftentimes suffer from abuse brought about by their co-workers, supervisors, even by ordinary lay men. Most of the times though, these abuses are left unaccounted for. Acts like discrimination on the basis of an employee’s race, color, religion, sex, national origin, age, disability, or their genetic information. Furthermore, retaliatory acts are hurled against individuals filing a complaint for such acts of discrimination in the workplace, making the experience all the more traumatic for them. The thing is, there is a best way on how a federal worker and employee can seek justice from what has happened to them.

Unique Ways in Solving Labor Issues in Equal Employment Opportunity (EEO) Offices:

Your Guide in Filing a Discrimination CaseFirst of all, in filing a claim for discrimination or retaliation for such claims, you should contact an EEO Counselor of the agency which is in charge with the processing these complaints. You must be able to contact the finance officer within 45 days since when the days when the act of discrimination occurred. Usually, an EEO Counselor gives you the options available for the resolution of your claims. First of these solutions is EEO Counselling. you can also opt to try an alternative dispute resolution or ADR program, like mediation.

Formally Filing a Complaint

Should the mediation of the EEOs fail, you can now file a formal complaint to the authorities, the agency will then assess your complaint, checking if there were indeed violations committed. After the investigation of the commission is done, you can either ask for a hearing before the Administrative Judge. You can also ask the agency to come up with a decision regarding your claim. Should you disagree with the decision found by the board, you can ask for a review of the decision, or ultimately, challenge it in court.

Appealing a Claim

When filing a claim, not all decisions will be made in your favor. There are times when the odds may favor the other party just because of technicalities and other small issues. You can set the records straight and file an appeal to ask the court to re-evaluate the case. However, you should make the appeal 30 days after you have received the final order. If you still think the court have made a mistake after filing the appeal, you can ask for another reconsideration of your appeal.

No one deserves to be treated unfairly, especially in the workplace. People have their worth regardless of what one’s color, race, national origin, religion, sex, sexual reference or orientation, age, color and many more. And we have many employment and labor laws to protect those. However, when that situation comes when you will be ridiculed or discriminated because of these, stand up and fight for your rights. With the help of a good discrimination attorney in California, nobody can step on and trample on your rights ever again.

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EMPLEO: Preventing Discrimination and Wage Law Violations Against Hispanics and Other Minorities in the Country’s Workforce

EMPLEO Preventing Discrimination and Wage Law Violations Against Hispanics and Other Minorities in the Country’s Workforce

Discrimination in the workplace is still very much rampant in spite of the many employment and labor laws that prevent such. The various government agencies that look after the welfare of the minorities that are being taken advantage of by some employers. One of the issues encountered by minorities in the country are the failure of the employers to adhere to labor laws about wages. As times get tougher, it is important that people get the wages they deserve and should receive to help them get by life and its many challenges. These pressing issues needs to be addressed and resolved quickly.

The Problems that the Hispanic Community Faces

In the state of California for example, there are a group of minorities that are subject to these kinds of workplace discrimination. The Hispanic community is one of those commonly-discriminated against races by some employers. Despite their many contributions to the country, some Hispanics still fall victims to discriminative acts by their employers. From verbal and physical abuse, some are being taken advantage of by their employers by giving them wages that are way below than the effort they put in with their work. And so, the US Department of Labor and various stakeholders did something to help protect these Hispanics from abuse.

Enter EMPLEO

The Wage and Hour Division of the DOL started a program a decade ago aptly named EMPLEO. Employment, Education and Outreach is an alliance built by government agencies, consulates, as well as nonprofit organizations in seven counties in Greater Los Angeles. This alliance is made to help empower the Hispanic community in the area. This aims to provide assistance to old time and even recent immigrants, helping everybody in the country to be paid fairly for the work they have rendered. They will provide the needed education, services, as well as the protection of workplace rights and responsibilities of this minority community.

EMPLEO at 10

In celebration of its 10th year anniversary, EMPLEO’s various partners are looking back to commemorate the many achievements that include helping more than 9,000 workers to receive almost $14 million in back wages. To further make the program even more effective, EMPLEO is welcoming seven new stakeholders and installing their representatives in the program. Such new relationships will even make EMPLEO even more effective in carrying out its mandate of protecting the Hispanic Community in California.

How to Reach EMPLEO?

If you have been a victim of wage law violations, acts of workplace discrimination, or would want to be a partner for EMPLEO, you can call 1-877-55-AYUDA or 1-877-55-29832. A Spanish-speaking volunteer that has been trained by the US DOL Wage and Hour Division as well as other agents will be there other EMPLEO partners. If you want to directly reach the Wage and Hour Division, you can call them at 1-866-4US-WAGE or 1-866-487-9243 so you can directly file your claims.

A Los Angeles employment and labor law attorney would like to extend his greetings to EMPLEO and commends the formation of such group. For him, such groups help ensure that the many employment and labor laws that are implemented in the country. This way, he believes that there would be none, or at least lesser victims of discrimination in the workplace and wage law violations.

Posted in employment discrimination, wage and hour claim.

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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.

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