Los Angeles Employment Law Blog
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.
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.
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