Los Angeles Employment Law Blog

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.

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.

Police Officers File Race Discrimination Lawsuit Against Employer

On Nov. 27, it was reported that a lawsuit was filed in California alleging that the San Gabriel Police Department frequently used racial slurs in order to disparage those of Asian descent. This included making disparaging remarks about colleagues. According to the complaint, five police officers of Asian descent were subjected to a hostile work environment as they frequently experienced harassment that was based on race or national origin.

How Do You Know if You Are Being Sexually Harassed at Work?

You and a co-worker might have started off sharing some innocent-seeming banter, the occasional joke that made you blush and even some light-hearted flirting. Now, however, your co-worker’s behavior seems to be gradually escalating, and you are starting to get uncomfortable with the jokes and flirtatious touching. You might have told your co-worker to back off, only to have him or her ignore your requests or continue the behavior after a few days or weeks. Like many other Californians who are going through the same thing, you might wonder if you are a victim of sexual harassment.

Native American Workers Share Experiences of Discrimination

Employees in California and throughout the country generally have a right to a workplace that is free from harassment. Yet roughly one-third of Native Americans say that they have been subject to harassment while on the job. The harassment comes in many forms, such as hearing slurs or other offensive comments or being threatened with violence. The survey was conducted for National Public Radio as well as other parties such as the Harvard T.H. Chan School of Public Health.

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