Los Angeles Employment Law Blog

Employers Have Legal Obligation to Treat Pregnant People Fairly

Many people in California go to work to support their families, but a person’s pregnancy could result in discrimination at work. Specific laws that protect workers from this form of discrimination include the Americans with Disability Act, the Pregnancy Discrimination Act and the Family Medical Leave Act. Although these acts do not apply to everyone in all situations, they do form a framework that grants some rights to parents and expecting parents in regards to hiring, firing, demoting or promoting.

EEOC Releases 2017 Claim Data

The 2017 fiscal year for the Equal Employment Opportunity Commission ended on Sept. 30. According to the EEOC, retaliation charges were the most common filings with 41,097 received during that time period. There were a total of 28,528 charges related to race and another 26,838 were related to disability. Altogether, the EEOC received 84,254 workplace discrimination charges in California and elsewhere for fiscal year 2017, and the agency was able to resolve 99,109 charges in that same time period.

Volvo Will Pay Disabled Worker $70,000 in Settlement

Californians who have disabilities are protected under the Americans with Disabilities Act from workplace discrimination that is based on their conditions. Employers must provide reasonable accommodations if the disabled workers or job applicants need them to perform their job duties unless doing so would present an undue hardship to the companies.

How California’s New Laws Affect the State’s Workforce

If you live and work in California, it is important that you understand the new employment laws that went into effect at the beginning of the year and that you recognize how they might impact you. From the types of questions potential employers can ask during your interview to your options as far as taking leave from your place of employment, the state’s laws have undergone numerous changes in recent months.

Appeals Ruling Favors EEOC

Workers in California that believe they are experiencing wage discrimination may be interested in learning about a recent decision issued by a federal appeals court. With a ruling of 2-1, the 4th United States Circuit Court of Appeals ruled that the United States Equal Employment Opportunity Commission could proceed with a lawsuit against an insurance regulatory agency. The EEOC alleges that the agency may have compensated female employees less than their male counterparts working similar jobs.

Younger Workers Targeted in Ads Hidden From Older Workers

The Age Discrimination in Employment Act of 1967 protects people in California and throughout the country that are aged 40 years and older from age discrimination on the job. However, one study found that in comparison to their workforce representation, Generation X workers are hired 33 percent less and Baby Boomers 60 percent less in tech jobs while millennials are hired 50 percent more.

Whistleblower Wins Countersuit Against Retaliation

In December 2017, a jury awarded the former employee of an asbestos abatement and demolition business with a $174,000 settlement after he was retaliated against for reporting improper asbestos removal. California workers will want to know the details of this case so as to better understand what constitutes retaliation and wrongful termination.

FLSA Determines Exemption From Overtime Pay, Not Job Labels

Most California companies must follow the Fair Labor Standards Act when designating employees as exempt or nonexempt. Labeling a worker as a manager is not sufficient to meet the laws that govern whether a person receives overtime pay. Rules guiding these designations vary by industry, but the duties of the employee actually determine job classification instead of an employer’s arbitrary decision or belief.

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. Just what is workplace pregnancy discrimination, and how can you tell if you are a victim?

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.

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