Los Angeles Employment Law Blog

When Working Off the Clock is Illegal

Depending on where they work, some California employees may find themselves staying later or working longer hours than they were originally scheduled to. If this work is unpaid or does not count towards overtime, it could potentially be illegal. Although there are a few exceptions, employers are responsible for paying their workers overtime if those workers work longer than 40 hours a week.

Who Constitutes an Employee in Discrimination Cases

Whether an executive should be treated as an employee or an employer in a discrimination case is a hotly debated question. If a California executive is not deemed to be an employee, that person is not covered under anti-discrimination provisions of Title VII of the 1964 Civil Rights Act. In fact, that executive may not be covered under most anti-discrimination legislation.

Panda Express Pays $600,000 for Employee Discrimination

Headquartered in California, Panda Express has over 1,900 locations and 30,000 employees. The fast food company was involved in an employee discrimination lawsuit involving workers’ immigration status. Legal permanent United States residents were obligated to show proof of their status when their documents expired. They also had to resubmit the documents a second time despite having already done so. The case was considered discriminatory because workers who were United States citizens were not required to show proof of their status at the time.

Getting Pregnant Does Not Erase Your Rights

Many employers still don’t get it: women in the workplace have rights that cannot be ignored. When employers violate these rights, they can be held to account. It’s been three decades since the Pregnancy Discrimination Act of 1978 went into effect. That law describes these things employers may not do to women employees who are pregnant:

Job Search Errors Some Older Adults Make

Baby boomers in California may face some additional hurdles when job hunting because some employers are biased against older employees. However, there are also some common errors job seekers may make. For example, using an older email service as an email address may make it look as though the job seeker is lagging behind from a technological standpoint. Failing to have an online profile can give a similar impression. Job seekers should set up a LinkedIn account so employers can look them up.

Military Service Members Have Workplace Protections Too

For three seasons out of the year, the sky is blue. But, with Independence Day upon us, summer can have us seeing red and white on the horizon too. When we think back to the founding of our country, we remember the people who fought and died for our freedom. They were Minutemen – citizens ready at a moment’s notice to serve our country’s highest ideals.

How Title VII and Section 1981 Differ

When an employee in California or elsewhere pursues an employment discrimination case, it may fall under Section 1981 or under Title VII. While both laws are similar, Congress and the Supreme Court have considered them to be distinct from each other. The major difference between the two statutes is that Section 1981 prohibits blatant discrimination while Title VII prohibits discrimination even if there was no intent to discriminate.

The Concept of the Similarly Situated Employee

California workers who file discrimination lawsuits against their employers may need to identify a similarly situated employee who was treated differently. The idea of the similarly situated employee may differ if the case is a class action one, but for an individual complaint, a similarly situated employee is someone who is comparable in several ways. Factors such as experience level, supervisor, performance evaluations and job duties may make another worker a similarly situated employee.

Female Doctors Face Gender And Maternity Discrimination

A recent survey published by JAMA Internal Medicine, 4 out of 5 respondents out of nearly 6,000 physician mothers surveyed reported experiencing discrimination, either in reaction to gender or maternity. While there were limitations to the design study, and there is a possibility that respondents may have self-selected to some degree, the survey quantifies what many female doctors have been reporting for years.

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