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December 2017 Archives

Examples of pregnancy discrimination in the workplace

As a California employee, you have certain rights, and one of those rights involves having a work environment that is free from discrimination. While discrimination can take on a variety of forms, know that you, as a pregnant woman, do not have to put up with unfavorable treatment at work because of your condition.

Federal appeals court rules on FLSA professional exemption

The Fair Labor Standards Act requires employers in California and around the country to pay their workers overtime when they work more than 40 hours during a workweek, but employees who perform bona fide administrative, executive or professional duties are not covered by the landmark 1938 federal law. The statute does not clearly define what makes a position a white-collar job, and the courts have generally ruled that workers are covered by the FLSA unless their duties plainly and unmistakably fall within the exemption.

Gender discrimination in the workplace

Almost 40 percent of women in California and the rest of the country state that they have been a victim of workplace gender discrimination, according to survey data collected by the Pew Research Center. Some of the behaviors they have endured include being skipped for important tasks and receiving less pay than male co-workers who have the same job. The survey also determined that employed adult women were almost two times more likely than employed adult men to say that they had been a victim of one or more of the eight different types if workplace gender discrimination.

Manager's statements can affect an employee's ACA claim.

Employees of Dave & Buster's successfully sued the chain for intentionally cutting hours to avoid the Affordable Care Act health insurance mandate. In the lawsuit, they used an unusual approach to advance their argument. Because it may be the first successful suit of its kind, its effect could be felt in California and elsewhere around the country.

Pregnant worker receives $45,000 from employer

As a general rule, employers in California and elsewhere in the United States cannot discriminate against an employee because of a pregnancy. According to the EEOC, a company called Peninsula Packaging will pay $45,000 to an employee for discriminating against her because she was pregnant. The employee reportedly needed accommodations after becoming pregnant that the company would not provide to her. This was a violation of Title VII in the opinion of the EEOC.

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