Los Angeles Employment Law Blog
Women Workers at Nike Join the #MeToo Movement
In covert surveys and ongoing interviews with the New York Times, female employees at Nike described a pervasive culture of sexual harassment and marginalization. There are accounts of epithets being used against subordinates, inappropriate talk about body parts and numerous trips to strip clubs in conjunction with staff outings. As a result of these revelations, several top Nike executives have resigned or announced their plans to do so.
Court Ruling Could Impact Gig Providers
The California Supreme Court made a ruling in a case in which workers for Dynamex sued after they were converted from employees to independent contractors. The conversion took place in 2004, but workers say that the company exerted control over their work, what they wore at work and their pay rates. In making its decision, the court used the “ABC test” to determine if a worker is an employee or independent contractor.
The Impact Caste Discrimination Can Have in America
Workers in America may believe that the caste system is something that only exists in India or Pakistan. However, as immigration from South Asia increases, cultural norms in those countries may start to be practiced in the United States. A survey by Equality Labs found that issues related to caste can take place in the United States. According to the survey, roughly 66 percent of Dalits have experienced both workplace and educational discrimination in America.
Allegedly Misclassified Uber Drivers Receive 15-Cent Payouts
People who drive for a ridesharing service such as Uber or Lyft may have concerns over their classification as an independent contractor. This has been a source of controversy and legal battles for years. Unfortunately, the problem persists. Back in 2014, there was a lawsuit against Uber for employee misclassification. Drivers are finally receiving their payouts from the settlement, but is it enough?
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. 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.
California Man Adds Whistleblower Protection Claim
A man who filed multiple claims against Roadrunner Intermodal Services and Central Cal Transportation has amended his complaint to add a count claiming protection under California’s whistleblower protection statute. The amended complaint was filed in federal court on March 5.
How to Recognize Age Discrimination at Work
Age discrimination can be a mind-boggling issue. Older workers tend to be more stable, experienced and hardworking, so why would a business not want to hire them? Yet over 20 percent of discrimination reports to the Equal Employment Opportunity Commission involve age, shares AARP. With life expectancy increasing and retirement far ahead for most people, it is wise for senior employees to be able to recognize when they face age discrimination in the workplace.
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