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April 2018 Archives

California legislature ponders sexual harassment bills

Three bills pending in the California state legislature will change laws regarding on-the-job sexual harassment in the state if they pass. SB-1343 will change the current law that requires employers with at least 50 workers to train supervisors within six months into a law that requires employers with at least five workers to train everyone by Jan. 1, 2020. The training must last at least two hours. Training again every two years will continue to be a requirement. Companies will have a choice of using a video that the Department of Fair Employment and Housing will be required to develop or creating their own training.

The status of discrimination against disabled workers in 2018

Even though workers in California and across the United States usually benefit where there are low unemployment levels, this favorable situation does not fully extend to those individuals who live with disabilities. The U.S. Census Bureau estimates that unemployment among disabled Americans can reach levels as high as 70 percent, and these persons tend make about $1,000 less per month when compared to people who do not have disabilities.

Recent court rulings could impact FLSA claims

Employers in California and around the country are required to pay their workers overtime pay when they work more than 40 hours during a workweek, but certain employees, such as executives, managers and salespeople are not covered by the landmark federal law. However, these distinctions can become blurred when workers perform jobs that involve selling as well as other duties. Decisions about whether or not an employee is covered by the FLSA have generally been left to the courts, and a case dealing with these issues was recently argued before the Supreme Court of the United States.

Report says IBM practiced age discrimination

Some older employees of IBM in California might have faced age discrimination on the job. According to a report by "Pro Publica" and "Mother Jones," the company employs a number of methods to push out workers who are over 40 such as laying them off, firing them, giving them a choice between moving to a distant city or quitting, and saying that their skills are out of date but then rehiring them as contractors at a lower pay with fewer benefits.

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