Employment Discrimination Lawyers and Labor Law Lawyers

There comes a time when a California labor lawyer must choose which state or federal agency to file a complaint with for a client's age discrimination, and a California labor attorney has a tough choice. Equally tough are the short statutes of limitation a labor lawyer in California has to file age discrimination complaints.

If you've been the victim of age discrimination in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

Congress passed the Age Discrimination in Employment Act (ADEA) of 1967 to address the practice of employment discrimination against older workers, and especially to redress the difficulty such workers face in obtaining new employment after being displaced from their jobs. It applies to employers with 20 or more full-time or regular part-time employees for each working day, in each of 20 or more calendar weeks, in either the current or preceding calendar year.

But for most California labor attorneys and CA labor lawyers, the choice of government agencies to contact to file an age discrimination complaint, much less for their clients, is a maze of confusing acronyms. The time limits to file such complaints are also hazardous to both the clients and their California labor lawyers.

The ADEA prohibits discrimination in employment against workers age 40 or older and makes it unlawful for an employer to discharge any individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment.

The Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC), can and are willing to investigate such matters jointly, though one agency will usually take the lead.

The Supreme Court has made it significantly easier for the elderly client of a California labor attorney to prove age discrimination. Disparate treatment may be proved by circumstantial evidence. Where an employer has already hired significantly younger women to replace a person over 40 that they have fired, this evidence may be persuasive.

Where the employer has obtained any waiver of rights from the fired person, even a valid ADEA waiver does not affect the EEOC's rights and responsibilities to enforce the law.

With the DFEH, the fired worker need only make an appointment to begin the process. The statute starts to run when the employee files a claim. With the EEOC, once the employee or the employee, with or without the assistance of a California labor lawyer, files an intake questionnaire and an affidavit describing the discrimination, the filing requirement will be met with the EEOC, after which the EEOC will notify the employer of the filed charge. Any further disparate actions taken against the fired worker after the ex-employee begins the process will be considered retaliatory by both agencies.

The ADEA incorporates the enforcement and remedial provisions of the Fair Labor Standards Act (FLSA). FLSA remedies include awards for backpay, reinstatement or front pay. The amount of front pay may be affected by the lack of availability of employment opportunities open to the fired employee. In addition, the employee may be entitled to an additional amount in liquidated damages upon establishing that the employer's actions were willful. Indeed such an award is mandatory upon a finding of willfulness.

If the ex-employee is successful in his or her ADEA case, she may also recover attorney fees. Employers who think they can prevail and obtain attorney fees themselves are incorrect, as a California labor attorney might tell them, as that is not the case. The ADEA does not authorize fee awards to a prevailing defendant.

The California Fair Employment and Housing Act also prohibits age discrimination in employment and its remedies are in addition to those with the EEOC. With the FEHA, the fired employee is also be eligible to receive damages for emotional distress as well as punitive damages. The FEHA applies to all employers with five or more employees. And as with the federal rules, discrimination based on age over 40 is prohibited.

Should the employer take any retaliatory actions against the ex-employee for filing a claim with the EEOC, the DFEH, or the Department of Industrial Relations, each agency prohibits such actions and will consider them to be further violations of the law.

So where should a California Labor Lawyer file his or her client's claim if they have been the victim of age discrimination, harassment or retaliation? And how long do they have to file it?

Age discrimination complaints can be filed with the DFEH, with the EEOC and with the Department of Labor Standards Enforcement (DLSE) but are most commonly filed with the DFEH and the EEOC.

With the DFEH, the interviewing consultant drafts a formal complaint. If the complaint is accepted for investigation, the complaint is also filed with the EEOC. After the DFEH issues an accusation, the DFEH may litigate the case in a public hearing before the Fair Employment and Housing Commission. If emotional distress damages or administrative fines are sought, the employee can have the case moved to a civil court. If the case is moved to court, the DFEH prosecutes, but the complainant is the real party in interest.

Government codes section 12965(b) requires that individuals, with or without their California labor attorneys, must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a "right-to-sue notice" from the Department before filing a lawsuit. The DFEH, however, will accept requests for an immediate "right-to-sue-notice" from persons who have decided to proceed in court. A DFEH complaint must be filed within one year from the last act of discrimination or you may lose your right to file a lawsuit.

Once a "right-to-sue-notice" is received from the DFEH, the employee and his or her California labor lawyer, has one year to file a civil lawsuit. Failure to do so may again cause you to lose your right to sue.

Common mistakes by harassment victims are not telling the person doing the harassment to stop, not documenting the harassment by that person, not reporting the harassment to your superiors, not making sure the employer is taking action to end the harassment, not obtaining medical or psychological help when needed, not realizing that retaliation is illegal, accepting the word of your employer that you do not have a case for harassment or discrimination, not filing a DFEH, EEOC or DLSE/DIR complaint within the time allowed, not having an attorney assess whether any arbitration agreement is binding, and not consulting with an attorney.

A complaint to the EEOC under Title VII of the Civil Rights Act of 1964 must be made within 180 days from the date of the incident. This period, however, is extended to 300 days if the employee also files a complaint with the DFEH. Complaints of discrimination commonly include discrimination based on race, color, religion, sex, national origin, age, handicap, sexual orientation and retaliation or reprisal. That time period, however, can be reduced to as little as 30 days after a complainant receives notice that a state agency such as the DFEH has terminated its processing of a charge. It is thus best to contact the EEOC immediately whenever discrimination is suspected because of its short statutes of limitations.

In addition, many governmental agencies require that for an employee or applicant for employment to preserve their rights under EEO laws, they must contact an EEO Counselor within 45 calendar days of the alleged discriminatory action. There are exceptions and grounds for extending this period, but a complainant does not want to be in a position to be having to argue those grounds as the complaint may be deemed too late to be accepted.

Once a complaint is filed with the EEOC, if the EEOC finds substantial evidence of discrimination, it will file a lawsuit. If the EEOC does not find sufficient facts to support the complaint, it dismisses the complaint and issues a "right to sue" letter to the complaining party. A lawsuit must then be brought by the complaining party within 90 days of receiving the Right to Sue letter from the EEOC.

A much less publicized and less known agency in the State of California at which complaints for retaliation and discrimination can be filed is with the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations (DIR). An employee or job applicant alleging violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote and other actions. There are, however, some exceptions to the 6-month deadline, but again, it is best to file a complaint as soon as possible to ensure that it is timely.

Filing a complaint with the Labor Commissioner does not prevent a person from filing a private lawsuit. While it can be costly to hire a California labor lawyer on an hourly rate to file such a lawsuit, some California labor attorneys will handle the case on contingency.

Finally, an employee or job applicant who alleges retaliation for having complained about a workplace health or safety issue has the right to file a concurrent complaint with the federal OSHA within 30 days of the occurrence of the adverse action.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of age discrimination in California.

Having said all of that, it is clearly within the jurisdiction of the EEOC to enforce the Age Discrimination Act of 1967 which protects against discrimination against people who are 40 years or older. The shorter time limits one has to file a complaint with the EEOC, however, causes many to file complaints with the DFEH instead. And for the most part, most people don't even know about their rights to file complaints with the DLSE.

An advantage of filing with the EEOC, is that some applicants find that they also have a valid complaint under the Equal Pay Act of 1963, the laws of which are also enforced by the EEOC (although California also has an Equal Pay Law). The EEOC also enforces the Americans with Disabilities Act of 1990 as amended in 2008 and the Rehabilitation Act of 1973.

As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.

If you are a woman and you've been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

What I need to know in high school to become a lawyer?

I'm going into my sophomore year of high school and everyone's asking "What are you going to do after high school?" Well I want to be a lawyer, specializing in Employment I think. I live in Fresno, California. What do I need to know while i'm in high school, and after high school?

Hi Jess,
I hope you have much success in life. Getting into law school is the first step to become a lawyer. Law school is a three-year program of full-time, concentrated study that leads to the JD degree. You usually need a college degree to apply for law school, but sometimes exceptions are made for special students. To get into law school, your next step is to take the Law School Admissions Test, affectionately known as the LSAT. The LSAT test does not focus on law or legal concepts, but on logic problems and puzzles, which test your ability to reason logically.

After you graduate from law school, and after you pass the Bar Exam, you will be licensed to practice law in your state.
If you want to know a little more about what law school is like, here's a good source

Los Angeles Employment Lawyer California Attorney

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California Employment termination question. I have a friend who was just terminated after 2-1/2 years of work?

with a company. This was an at will employment agreement - but no reason was given for termination and it was completely un-expected. Does anyone know where to get information on the law covering this kind of action - or if he may have grounds for filing a wrongful dismissal suite?
I'm curious now - I just used wikipedia and search for at will employment. They say California is one of 11 states that has a covenant of good faith and fair dealing exceptions - AKA - Implied in Law contracts. From my reading this means termination for malice or other unfair reasons may be illegal. Does anyone here REALLY know?

California is an "at will" state, meaning you can be fired for any reason, at any time, or for no reason at all .... unless there are established procedures in the company, or with a labor contract, or if you suspect discrimination or other illegal activities. Your friend is probably out of luck. Concentrate on new employment, first. Then return to this subject at a later date. I think you have a year to sue your boss for discrimination.

What does wrongful termination and at-will employment mean in CA?

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are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?

I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..

there are numerous good law schools in California and Nevada.
you are looking at an expensive long process to get a legal degree and the competition is tough and the prospects for employment not the best.

for info such as
the training and education needed
earnings
expected job prospects
what workers do on the job
working conditions:
http://www.bls.gov/oco/ocos053.htm

Information on law schools and a career in law may be obtained from the following organizations:
American Bar Association
321 North Clark St.
Chicago, IL 60610
http://www.abanet.org

National Association for Law Placement
1025 Connecticut Ave. NW, Suite 1110
Washington, DC 20036
http://www.nalp.org

Information on the LSAT, the Law School Data Assembly Service, the law school application process, and financial aid available to law students may be obtained from:
Law School Admission Council
P.O. Box 40
Newtown, PA 18940
http://www.lsac.org

Walnut Creek Personal Injury Lawyers California Attorneys

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High court to decide dispute over taxes on 'free' cell phone
Supreme Court cases often turn on tricky interpretations of a word or phrase that serve to buttress a broader legal principle. The magic word at Tuesday's oral arguments was "unconscionable," and how it applies to consumer disputes and arbitration.
Radoslovich Law Corporation - Sacramento, CA

Collective bargaining refers to?

a. the process by which the government sets exemptions from the minimum wage law.
b. setting the same wage for all employees to prevent jealousy among workers.
c. firms colluding to set the wages of employees in order to keep them below equilibrium.
d. the process by which unions and firms agree on the terms of employment.

Is this a question on your exam?

What I've learned in school is that Collective Bargaining promotes friendship among the workers and the employers. So I guess my answer would be the closest one, letter B.

HIRE Act Part 1

Allen Matkins Attorneys Named in 2011 Edition of The Best Lawyers in America(R)
LOS ANGELES, CA--(Marketwire - 08/16/10) - Allen Matkins Leck Gamble Mallory & Natsis LLP , a leading California business and real estate law firm, announced today that several of its attorneys will be included in the 2011 edition of The Best Lawyers in America . The firm was also top listed in California in real estate law. The firm congratulates these attorneys on this achievement: Los Angeles ...
Calif. Budget Impact on San Diego

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In California Law??

Can the EDD (Employment Development Department) keep a 17 year old supposed lien on me,I always paid my unemployment paid, even had a payroll doing this. They took $1,000.00 from me that was mine- the supervisor of the jerk I talked with gave me a false phone number for her, I had to call the fraud unit just to get her phone number. She sounded nice and is to call me back on this Tuesday, can they put a lien on my house? Attach wages etc....they say I owe them over 14 thousand dollars and do not know what to expect....Please Help.........Thank You. I do not even have records from 17 years ago and have never heard from them............

No one can give you an answer because you have given no relevant facts except the amount of the debt.

In general, if the debt is valid then yes, a lien can be placed on any real property.

Court Backs Schwarzenegger On Minimum Wage Pay For CA State Employees

Minors Working For 85% Of Minimum Wage (CA) Question?

here

1) YES
if they will hire you,
if the job is NOT on the list of hazardous occupations,
and the job is NOT covered by FLSA.
and NO
if it is covered by FLSA they would have to pay at least $7.25 unless you met the requirements for the youth training wage see: http://www.dol.gov/elaws/esa/flsa/docs/ymwplink.asp

2) YES

3) it is legal in California to be gainfully employed at 12 if the business is NOT covered by FLSA otherwise the age is 14, there are limits on the number of hours and when they can be worked but it is totally legal for you to be employed..
see: http://www.youthrules.dol.gov
and
http://www.dir.ca.gov/DLSE/childLaborPamphlet2000.html

When to file Auto Accident Lawsuits in San Francisco, California

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Schwarzenegger orders min wage for state workers
Gov. Arnold Schwarzenegger on Thursday ordered about 200,000 state workers to be paid the federal minimum wage this month because the state Legislature has not passed a budget, but the state controlle

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Groundswell of Asbestos Risks And Mesothelioma Lawsuits in California

In today's era of information, most people are well aware of the dangers that asbestos pose. Factories, refineries, automotive companies, and construction sites are the leaders of Mesothelioma risks and asbestos exposure.


There are numerous asbestos-related risks and Mesothelioma risk factors lingering around California that have little to do with factories and labor companies. Asbestos has been brought back to the forefront of health concerns despite tougher asbestos laws. As if asbestos laden debris isn't enough of an insult, asbestos is being released through the vast amounts of construction occurring in the many areas of California, including Richmond and Oakland.


Despite the asbestos reform laws in the early eighties due to the risk of Mesothelioma, this fire resistant material is still used in modern day construction as a cost effective, safety conscious building material. Though asbestos is used in lower concentrations because of its very obvious links to mesothelioma, it is still far from being outlawed as it should be.


Residents in Richmond, California and the surrounding Bay Area are at a very high risk for current asbestos exposure and later cases of Mesothelioma. With percentages of older homes, businesses, and buildings carrying high levels of asbestos, a mesothelioma case is simply waiting to happen. Add that exposure to the high exposure rate that the new construction has brought, and somebody really needs to take a long hard look at what the potential fallout may very well end up meaning.


The government itself certainly has knowledge of the Mesothelioma risk and the asbestos exposure. Legislation is hanging in the balance to determine that those who were exposed to asbestos and are likely to contract Mesothelioma later in life are not going to be permitted to file Mesothelioma lawsuits. The government is trying to state that while they are well aware of the risk of future Mesothelioma cases, they are trying to deny the people their right to medical and legal claims associated with Mesothelioma.


The government claims that they are willing to set aside funds that will allow Mesothelioma claimants to file for medical coverage if they meet stringent guidelines concerning asbestos exposure and Mesothelioma contraction. This is a phenomenal slap in the face to those who were unknowingly exposed to asbestos and the threat of Mesothelioma. The government can't even ensure that social security funds will be available in twenty to thirty years, not to mention that hands down, private health care is far and above government health care.


This new law would of course not be surprising. Ample laws have been passed protecting the government and businesses from worker claims. Mesothelioma laws have already hit governmental facilities as well in Pennsylvania, Ohio, and a few Midwestern states. These laws prohibit workers from suing their companies, provided their companies pay for their medical expenses which are deemed "necessary." These laws will leave Mesothelioma and other health care choices in the hands of the insurance companies and do not provide for various other financial liabilities which are bound to occur when Mesothelioma creates symptoms bad enough that the injured party can no longer hold gainful employment.


Louisiana legislation was enacted after lawmakers were petitioned by companies who were sued by healthy claimants after selling asbestos laden fill dirt to homeowners who were rebuilding after Hurricane Katrina. The contractor who sold this fill dirt was successfully sued for the risk that the exposure to the asbestos presented to the homeowners and their families. In a time when Mesothelioma is well enough understood to be rightfully feared, the contractors had the responsibility to their own welfare and the welfare of others to be sure their product was clean of asbestos.

These types of lawsuits serve a greater purpose than providing future financial relief for families who were exposed to asbestos and placed at risk for future cases of mesothelioma. Mesothelioma settlements such as these send a very clear message that the public is tired of being placed at risk for dangers that can be prevented. The governmental stance on this lawsuit allows for companies to increase their levels of irresponsible exposure while undermining the value of the worker. Mesothelioma is a virtual death sentence, and by allowing companies to abandon Mesothelioma victims, it creates a further risk for everyone.


Substantial mesothelioma settlements and awards are necessary to keep companies accountable and within the bounds of human expectation.

About the Author

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs throughout California and focuses on injury cases involving Mesothelioma. Visit http://www.nickjohnsonlaw.com or call 1-888-311-5522 immediately to request a free case evaluation.

H1b Immigration Attorney Bay Area

Verify if there is such a thing as a Health card class issed by Health department in California?

QUESTION: Is there such a thing as a health card in California or not? There is some discrepancy and gray area due to different states having different laws, OK:
a Health card, being a card issued by the health department after taking a short class on clean +safe food/beverage handling procedures in the food industry for the purpose of obtaining employment (also requires a blood test for Hep.)

One thing that I learned about requirements in California is that the requirements are not uniform through out the state. You would need to check with the Health Department for the county requirements. I can tell you that the blood test for Hep is usually not a requirement from the county, rather check with the employer to see if it is something that they require.

Sacramento Attorneys, California Lawyers, Bowman & Associates

Can you hire a Contract Employee and have a Termination Fee or similar?

We want to hire an apprentice under a one year contract of employment in California (for a construction position). We do not want to train this employee and have them quit within one year of employment. Can we hire them as a contract employee and charge a termination fee or similar of employee quits during the contract? I have already looked under my CA employee laws page and could not find the answer to my question there.

I don't think you can do that as such however you can incorporate the cost of training into the contract and get reimbursed for it if they leave before the contract end. You really need a lawyer

Los Angeles Wage & Hour Law Attorneys CA Employment Law

Lease Up/Lease Down (Apr. 25 - May 1): SEC Expands, Fuddruckers Cuts Calories
CoStar compiles news of corporate expansions, relocations, extensions, closures, layoffs, lease cancellations and mergers in the weekly Lease Up/Lease Down news report, a concise read keeping you updated on major corporate moves affecting commercial...
Employment Discrimination in San Francisco, California

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Minimum Wages On The Rise In California

Attention California Employers: On January 1, 2008, the Minimum Wage rises to $8 per hour from $7.50. So, you will need to make appropriate adjustments to your payroll systems. Further, many employers also are raising their employee's wages that are above the minimum wage in order to retain them.


Other big changes effecting California Employers in 2008 are:


New I-9 Forms, employment verification forms will be required effective December 26, 2007, for all new hires. Expect an increase in work place raids. So, do preventative audits now, and make contingency plans for what to do if you are raided.


Expect a tidal wave of class action wage and hour lawsuits for unpaid overtime, missed meal and rest periods, and working off the clock. The California State Supreme Court ruled this year that the remedy for a missed meal or break period is considered to be a "wage" and not a "penalty".


Therefore, the statute of limitations is now 4 years and not 1 year, creating a huge incentive for class action lawsuits. Accordingly, do a preventative audit now to determine whether you have misclassified any exempt employees or independent contractors. Be sure that employees are taking their 30 minute unpaid meal periods and there 10 minute paid rest breaks and, most importantly, that they are documented.


Expect a flood of Sexual Harassment Lawsuits. Therefore, it is imperative that all employers who have 50 or more employees provide their supervisors with a minimum of 2 hours of sexual harassment prevention training to be in compliance with the law. Further, employers must have written Sexual Harassment Policies. It is not enough just to have them; you must implement them and effectively communicate them to your supervisors and employees.


In addition there are a number of minor changes that are more of a paperwork nuisance for small businesses, such as, AB 650, which requires all employers to notify workers about eligibility requirements to receive the Earned Income Tax Credit, a federal program to aid low-income workers. The notices must go out at the same time or within a week of the IRS W-2 form or 1099 form used for independent contractors.


AB 338, which extends the eligibility time for temporary disability payments.


AB392, which requires employers with at least 25 employees to give workers as many as 10 unpaid days off when a spouse is on leave from military deployment.

AB 869, which requires state labor code enforcers to cross-check with payroll records to make sure all employers are providing workers compensation insurance.


2008 is sure to be a busy year on the employment front for California employers. In order to comply with the ever changing requirements of California law, and to stay out of court, you need to consult with competent employment law counsel.

About the Author

For information and a free evaluation of your case, contact us at:
Law Office of Eli M. Kantor 9595 Wilshire Blvd., Suite 405 Beverly Hills, CA 90212 (310) 274-8216
Or visit our websites at:
http://www.sexualharassmentprevention.net
http://www.beverlyhillsimmigrationlaw.com

Liberal Fascism (part three B)

How to avoid a costly hiring mistake
You only have a limited amount of time to interview each candidate. Use it wisely or it will cost you — oftentimes more money than you think. United States - Business - Business Services - Home - Personal Finance
Laid-off lawyers use obscure law to sue for severance

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Why are Indian Casino allowed to operate in California, but do not follow state employment laws?

They must follow federal laws which are more lenient. Working conditions and overtime hours are the most obvious differences which affect California workers' health and compensation.

In reality its the same reason, since an Indian reservation is consider its own Entity in a sense, not bound by the laws of ca, they can have a Casino without ca permission as well as not bound by state labor laws

Labor And Employment Law Attorney Walnut Creek, California CA Lawyer Nancy Balles

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illegal immigration, employment contracts, and non compete clause?

last year as a senior executive in a company, i discovered they were in violation of state labor laws and federal employment laws, hiring illegal immigrants and providing undocumented workers with false documents so they could work under various names (avoiding over time). i moved to stop the practice and was told it was the "only way" for the company to do business at the time. i resigned my position rather than jeopardize myself. my question is, because they were in violation of laws, is my employment contract's non-compete still in effect?

In UK law a party cannot seek to rely on a contract if they have acted illegally, a company has many duites towards its employees which form an unwritten part of any employment contract and therefore you are likely to find that their actions will allow you to take the contract as rescinded/non-enforceable. Although this question is quite technical so you need proper legal advice.....I would guess that in any legal action regarding your employment contract, if you could prove the allegations above, then the law/judge will look more favourably on you.

Is A Non Compete Agreement Valid If It Was Signed After Employment Began

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Employers Expected to Face Additional Pressure from Department of Labor

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 – 2011 the department listed four major goals, which are:

• A Prepared Workforce
• A Competitive Workforce
• Safe and Secure Workplaces
• Strengthened Economic Protections

According to the Strategic Plan, the third goal, Safe and Secure Workplaces “focuses on ensuring that workplaces are safe, healthful, and fair; providing workers with the wages due to them; providing equal opportunity; and protecting veterans’ employee and reemployment rights.” It is this area that prompts the majority of DOL audits of employers.

The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.

In is important to understand that the DOL is quite a large organization with far reaching regulatory authority. The DOL has 27 divisions that each has their own function. A few of the divisions that are most familiar to private employees are:

• Employment Standards Administration (ESA), which includes:
  - Wage & Hour Division (WHD)
• Employee & Benefits Security Administration (EBSA)
• Occupational Safety & Health Administration (OSHA)

In 2008 the WHD recovered more than $185 million in back wages for 228,000 employees. In addition, the agency assessed $9.9 million in civil monetary penalties and concluded 28,242 compliance actions. Including the 2008 figures, the 8 year cumulative total of back wages collected by the agency was $1.4 billion dollars. (Please click here for US Department of Labor 2008 Fiscal Year Report)

Audits are generally triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. It is a common practice of the DOL to target a variety of low-wage industries including day care, agriculture, janitorial services, the garment industry, healthcare, the hotel and motel industries, restaurants, and temporary help. These industries generally have vulnerable and often immigrant workforces, and a history of chronic violations.

Keeping in mind the many arms of the DOL and its numerous divisions, there are many areas that may be audited and some of the main areas of employee complaints (that result in an audit) are listed below:

• Misclassifying employees as exempt (Exempt vs. Non-Exempt status)
• Independent Contractor Status
• Minimum Wage Violations
• Child Labor Violations
• Overtime Issues
• Family & Medical Leave Act (FMLA) Violations
• Improper deduction(s) from wages
• Other Wage Issues such as: Bonus, Incentive, On-Call, Paid Time Off issues
• Timely remittance of retirement plan deferrals withheld through payroll deduction
• Fair Pay Issues

In addition, many states have a state agency equivalent to the DOL. For example, in California there is the Division of Labor Standards Enforcement, which can also audit CA employers for the same items as the DOL. It is imperative to know your specific state’s requirements in addition to federal regulations. In California, employers should also ensure they are complying with meal and rest break requirements, properly recording meal breaks and the employees’ time worked, properly paying overtime, and reimbursing employees for all business related expenses.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. 

If the DOL audits your company, a representative will visit your facility to conduct interviews, make sure the required posters are hung, and possibly examine the time clocks to determine whether your company is in compliance with the Fair Labor Standards Act. DOL will then review up to 3 years' worth of your wage-and-hour records and investigate your wage-and-hour practices to determine whether you have paid your employees the proper amount of overtime. This will include a review of your pay records, so you must make sure the records are accurate and organized.

Employers need to be proactive about complying with these complex wage and hour laws. If cost is a concern, complete an in-house audit and then have an attorney double check the policies and practices. It will cost a lot more to contact an attorney after the DOL or state agency is in your workplace or the lawsuit has already been filed.

If you want to learn more Human Resources Tips, please click here for more information.

About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

Wonkbook: Dems release immigration proposal; Lindsey Graham upset; Goldman facing jail time
Top Stories: Democrats release immigration proposal: "Their new proposal provides for a path to citizenship for some of the estimated 11 million people in the U.S. illegally, and it creates a guest-worker program," reports Laura Meckler. "But the measure also calls for more federal enforcement a...
Overtime Exempmt Part 2: The Administrative Exemption

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Why is the initial cut off level for thc 50 ng/ml, but 100 ng/ml for employment screening in Hawaii?

Why are people in Hawaii able to have more thc in their system (100 ng/ml vs. 50 ng/ml) when they are screened for employment ? If this was a law passed by the state, why is it permitted by the federal government while they deny the ability of the states to permit medical marijuana?

Some areas (Like those where hemp was once grown to support war efforts in WWII) have had difficulty eradicating the crop from the wild despite spraying. Many times the fields have to be burned. In some places in Arkansas. Mississippi, and some tropical areas where it once and still does grow wild they have to raise the level allowed for employment because of the possibility of "environmental exposure". Now typically a state can set the limit of a drug LOWER than the limits allowed federally, but not HIGHER, unless there is just cause and the federal statute has exceptions.
With newer pesticides and herbicides many of these states "exceptions" are disappearing.

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Is there a limit on overtime hours for a salary worker in California?

My husband gets paid salary and plugs in more than 8 hours a day (10-12 hours sometimes). He doesn't demand to get paid for it, he does it because he needs to get all his work done. However his employers keep saying that he will get them in trouble because he is working beyond a "maximum limit" of hours. Is this true? Is there such a law, or does it depend on the employment contract also?

To answer your question, first, let’s remember that it doesn’t matter whether your husband is salaried or whether he is paid by the hour. The real question is what are his duties. If his job duties don’t make him “exempt” under California law, then he is entitled to overtime pay for any hours worked over 8 hours in any one day. He is exempt from overtime compensation only if his rate of pay computed by the hour is at least $16 per hour, and, he is a manager or supervisor, or is a professional such as a licensed engineer, or is directly involved in administering company policy at the highest levels of the company.
When his employer is commenting about your husband working long hours, the employer may be concerned about whether your husband will l want to be paid time and one half for his overtime hours. If your husband is what we called non-exempt, in other words is not an exempt employee under one of the categories I mentioned above, then his employer would have to pay him overtime. If he is an exempt employee, there is no law which would limit the maximum hours of work.

For help with any employment law issue, visit our website at www.rjtlawfirm.com

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Can anyone help with UK employment law ?

I'm currently employed to work 40 hours per week from 8:30 to 17:00 monday to friday with half hour lunch unpaid, And Saturday mornings from 8:30 to 12:30 on a rota basis. The position is salaried (no overtime applicable). My gripe is that I do not get paid at all for working Saturdays. I spoke to my boss and he said that if I don't work Saturdays then I should find another job.
Is this Legal?

What does your contract say? If it says 40 hours then that takes care of Monday-Friday and saturday should be paid in addition. Your boss simply cannot make you work extra hours without pay, especially on a regular basis. However if youre on a salary, and youre contract doesnt stipulate the exact hours (which it should, either the times or hours per week) you need to multiply your gross pay x 12 and divide by 52 (to get a weeks wage) then divide by 40+ the average hours you do on a rota ie +2 if its every other saturday, +1 if its once a month, then youll have your hourly pay which should be over the nmw which is £5.25 over 22 (i think).
If its less than national minimum wage, you can complain to an Industrial tribunal as this is a breach of your statutory rights (as you can if your contract doesnt state the hours).
To not pay you is also a breach of your statutory rights, its an 'illegal deduction from wages' and you can also take your boss to a tribunal to get this back.
Best bet is to contact your local CAB or ACAS or an employment solicitor if you have any in your area. To do anything you need to first put in a grievance to your employer and there are specific procedures to follow if you want your case to be successful.

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Techniques for Discovering Hidden Assets and Unreported Income During the Divorce Process

Financial issues involved in a divorce - especially high net worth cases - can often become rather complicated.   Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances.

It is not uncommon for a spouse to hide assets, especially if the divorce has been planned for quite a while.  People hide assets for a variety of reasons, but essentially, they have property or money that they do not want to have discovered.

There are numerous ways to find hidden assets, but typically assets are either placed in the hands of third parties or behind false documents. The process of finding assets or proving unreported income is often one of the most difficult assignments during the divorce process. Being familiar with ways individuals move assets into the hands of third parties or behind false documents and techniques to find those hidden assets can result in the discovery of this property.

The cost of such discovery work must be weighed carefully against the potential benefits.  It is important for a budget to be planned for two levels of investigation. At the first level, formal discovery procedures such as interrogatories, depositions, subpoenas, requests to produce and motions to compel can provide information to review and analyze the marital and non-marital estates.

If an individual does not have a detailed list of assets and debts along with documents to prove the whereabouts of these assets, the discovery in identifying the “easy to find” estate can become costly.  At this point, a decision has to be made as to whether further money should be spent on the second level of discovery, which investigates and traces transfer of ownership of assets into  other individuals’ or entities’ names.

Is the cost of the investigation worth the potential value of the assets which are assumed, at this point, to be hidden? Through diligent and effective preparation, it is possible to discover assets not disclosed or acknowledged by the other party. It is important to create realistic expectations with the client as to the ability to discover assets which have been actively concealed, and the reality that - despite best efforts - it is sometimes impossible to locate willfully hidden assets.

In divorce situations, careful consideration must be given to answer any questions about about potential hidden assets.  What types of assets may be hidden? How are assets hidden? What techniques can be used to locate hidden assets?

WHAT ASSETS MAY BE HIDDEN?

The most common types of assets hidden are cash, bonds, mutual funds, cash value in insurance policies and variable annuities, stocks, travelers’ checks, Series EE savings bonds, and bearer municipal bonds.

Conversion of cash into personal property such as art, jewelry, collectibles, antiques, vehicles, boats and planes are also possibilities.  Hobby equipment, gun collections, original paintings, collector quality carpets and tools are examples of asset conversion that often are overlooked or undervalued.

HOW ARE ASSETS HIDDEN?

Methods of concealing assets are as varied as the personalities of the individuals involved. In their attempts to veil assets, spouses may often involve relatives or acquaintances who may or may not be aware of their complicity in the diversion of personal assets. It is not unusual to discover the placing of personal possessions or investment certificates into safety deposit boxes in the name of a family member or friend.

Paying down mortgages and credit card balances is yet another method of hiding funds in plain sight. Repayments of phony debts to friends or relatives can appear to be legitimate use of resources. Expenses for paramours such as gifts, travel, rent or tuition for college or classes may be disguised as valid outlays of funds.  Assets may be transferred into the name of another family member, friend or corporate entity.

Custodial accounts established under a child’s social security number as well as transfer of assets into pension, profit-sharing, 401(k), and Keogh plans are all strategies for cloaking liquid assets from the opposing party’s view. Employees can work in collusion with their employers to delay business contracts, raises or bonuses until after the divorce.

The transfer of large sums of money to trusts is one way individuals may attempt to disguise assets. Another is to gift money to individuals with the anticipation of having the money returned at a later date. These patently deceptive strategies may be fraudulent as well.

Spouses who own businesses may use the corporate entity to conceal assets. Skimming cash from the business, paying salary to nonexistent employees and then voiding the checks after the divorce, and paying salaries or fees to relatives or close friends for services that may never have actually been rendered then receiving the money back after the divorce is final are all strategies used by business owners to veil cash.

The value of a business prior to a divorce can be lowered artificially by delaying the signing of lucrative long-term business contracts until after a divorce settlement is reached. Unreported income on tax returns and financial statements can reduce the perceived value of a business to the detriment of the other party in the divorce.

WHAT TECHNIQUES CAN BE USED TO LOCATE HIDDEN ASSETS?

Prior to searching for hidden assets, the investigator must have accurate and timely personal identification information for the other spouse. This includes full legal name and variations (nicknames, abbreviations, common misspellings) as well as known aliases. Current and recent address information is essential. While some searches only need the name and not the address, it is always good to have both pieces of information.

Because assets may have been transferred to family members, the names and addresses of close relatives, their social security numbers and dates of birth will be valuable information in tracing movement of property or cash between the spouse and family.

Specific questions may reveal the likelihood of hidden assets evident through lifestyle.  Does the spouse travel?  If so, where?  In what type of hotels do they stay, and what are their activities as they travel?  Who makes up their group of friends and what type of people are they? Does the spouse get an automatic transfer of funds or an allowance? Does the spouse deposit a paycheck into a separate account?

1. Other telling information can be gleaned from answers to questions such as these. Is a credit card statement being mailed to the spouse’s work address?  Are large amounts of cash floating around?  Is cash used to pay for purchases?  Who are the spouse’s accountant and lawyer? Has the other party provided honest reports on prior tax returns? Is there ownership of a business?  If so, is it a cash business?  Is there a Subchapter S Corporation?

With this basic information in hand, the investigator can pursue specific information from many sources.  Here’s a quick list of information sources which should be reviewed.

1.  Income Tax returns: This should be the first place to look for possible clues as to the existence of hidden assets.  The return provides the roadmap to the discovery of income earning assets and asset sales.  The return should also describe the source of income, whether it be interest, dividends, rental income and gain or loss from the sale of a stock.  Each page of the tax return should be carefully examined for information.

2.  Public Records:  Public records are available in county courthouses, city halls and at state repositories.  These records contain valuable information that is public and available to anyone who inquires.  However, to be efficient with time and resources, one needs to be familiar with how to obtain the types of documents that will reveal asset holdings

Whether termed as obscuring, hiding, obfuscating, veiling or concealing assets, the many methods used by one spouse to prevent access by the other to cash, real, personal or business property can present a seemingly insurmountable wall for attorneys seeking parity or equitable division of marital assets for their client.  Due diligence demands exhaustive measures when unethical and/or fraudulent arrangements exist or are suspected. While it may be difficult to bring to light unreported income and hidden assets, clues can be found which are very meaningful to a trained eye, and can open the facts for fair final property settlements.

References:

Abrams Yu and Associates, P.C. "Problems of Hidden Assets in Divorce Litigation." June 07, 2006. http://www.divorcenet.com/states/michigan/problems_of_hidden-assets (accessed April 30, 2009).

Elizabeth L. Bennett, Attorney at Law. "Hidden Assets in Divorce: Are They Discoverable?" Undated. http://www.divorcesource.com/PA/ARTICLES/bennett1.html (accessed April 29, 2009).

Hoover, Joe, and Anni Adkins and Dr. Lew Deitch. "How to Conduct an Assets Search - Part One." HowToInvestigate.com. Undated. http://howtoinvestigate.com/articles/assets_search1.html (accessed April 29, 2009).

Hoover, Joe, Anni Adkins, and Dr. Lew Deitch. "How to Conduct an Assets Search - Part Two - Locating Hidden Assets." HowToInvestigate.com. Undated.                                                                                 http://how to investigate.com/articles/assets_search2.html (accessed April 30, 2009).

Kohn, Mark: CPA, CVA. "Money Matters: Assets & Liabilities: Unreported Income and Hidden Assets." California Divorce.Info. May 1, 2009. http://californiadivorce.info/money.assetsliabilities.unreportedincome-... (accessed May 1, 2009).

Meyer, Cathy. "How to Identify Hidden Assets." About.Com Divorce Support. Undated. http://divorcesupport.about.com/od/propertydistribution/ht/hiddenassets.html (accessed May 30, 2009).

Pearlman, Alan. Chicago Family Law Blog: Divorce and Hidden Assets. December 13, 2005. http://www.chicagofamilylawblog_com/-news-and-updates-divorce-and... (accessed April 30, 2009).

Zerman & Mogerman, LLC. "Discovery and Treatment of Hidden Assets in Divorce Cases." July 17, 2004. http://www.divorcenet.com/states/missouri/mo_art09 (accessed April 30, 2009).

About the Author

Happy Funny Baby Laughing

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Law school questions and answers

What School Is Best for an Eventual Career in Law?
I've been admitted into usc (the business program), umichigan, and tufts. I know that USC and UMICH have awesome law schools, and that they take a high number of students from their undergraduate program into their law schools, though Tufts seems like a great school too. But I was.

Which will be better..BBA LLB or BA LLB as an undergraduate law degree?
I am filling up my form for the undergraduate law schools in India.i want to know which would be better..BALLB or BBA LLB.I want to pursue a carrerr in corporate law..I also want to know will pursuing an BBA LLB programme deter my chances of getting.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I'm a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Are there any good law schools in california?
I am begging high school in the bay area, and i was wondering if there are any good law schools there, or in the state of California and the requirements to get into them There are scads of good law schools in California: we turn out more lawyers than anybody. In.

Can someone please tell me about some NGO which gives free legal aid to women in distress?
http://www.neveragainfoundation.org/.law schools http://www.opdv.state.ny.us/victims/. Also, if there are any law schools in your area, they probably have a domestic violence clinic that will provide free assistance. - Try your local city or state bar associations.

How are medical challenges to 'free will' being discussed in US law schools?
Neurology and genetics are suggesting that many behaviors are biologically determined ('nature'), even more than the 'nurture' of training and experience. The trend is for more and more behaviors to be determined by genetics. What is being taught about this topic in law schools in the.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There's New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

What are sum of the top law schools for criminal law ?
The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. - Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. - Law schools don't.

What do I do if I dont get accepted to any law schools this year?!?! ?
Ok, I graduated from college last year, 'studied' for the LSAT, then took it in December. My score was pure crap, so I took in again in February and I had to cancel it (its a long story). I still sent out my.

What states has the most diffucult Bar Exam to pass?
again, it's for an article that I am writing. California has the lowest passing rate -- but that may be due to the fact that California is the only state that allows graduates of non-accredited law schools to sit for the bar exam. New York has an exam that.

how do you get into law school?
I find a key works pretty well, or if you lose your keys, then a crowbar. - First you must have a bachelor's degree - doesn't matter in what really. Then you have to take the LSAT and apply to particular law schools. Law school is very hard but not undoable..

How much does being a lawyer pay?
Like, how much does a lawyer make? And is it a good amount of money? Lawyer pay is all over the map. Right out of law school some graduates make six figures at their very first jobs. Those people graduate from top tier law schools and they ranked at the top of.

Is the law field in fact oversaturated with attorneys?
Why is it that many people cliam that the Field of Law is oversaturated with attorneys while on the other hand, many other sources claim that the forecast is looking good. The statistics at almost all law schools show that the majority of their recent graduates had no problem finding.

Misdemeanor & Law School?
Hello, I was wondering if it was possible to get into law schools with a Misdemeanor Class B (Texas). I have turned in all the police reports and a statement about the incident to the law school. The incident happened 5 years ago. I plead guilty and recieved probation. I owned up to the mistake.

My daughter needs a Pro bono atty in central fl to fight to get kids back.?
She really needs legal help. Doesn't have the funds to do it. I am disabled and cannot help. Legal aid won't help because the grandparents have been given legal guardianship and have closed her case. HELP Seek out law schools in your area..

Prestigious law school?
Hey. I need some suggestions for law schools. I have a 3.7 gpa or something like that. I want something that will wow my future employers. Hartfords a no-brainer, but what are some others? thx Remember that a law degree (J.D.) is a graduate degree. As you mentioned that you are now in the 10th.

I went to a terrible law school, how do I get law firms to hire me?
Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.

top 5 law schools and statistics?
The top three are usually listed as 1.) Yale, 2.) Harvard and 3.) Stanford. The next tier is University of Chicago, New York University, and Columbia. There's another eight which regularly make it in varying order into the top 14. Then, there's the Top 25. The top 50 make up the 'Tier.

What are the best places in UK or USA to study Law?
Well of course rating schools is somewhat arbitrary. I don't know about schools in the UK, but there are a couple of sources of information on ratings of US law schools. Best in many US ratings combines ratings of reputation (which changes slowly), alumni support, the.

What does it take to become a lawyer? How many years at college, etc.?
PLease don't spam. In the U.S., most law schools will tell you that you need a four-year degree from an accredited college or university, then most states require a juris doctor from an accredited law school before taking the bar exam. Law School is usually.

what is the best school of law in the united states of america?
The top three law schools in the countery are generally considered to be Yale, Harvard, and Stanford. Yale is consistently ranked #1 according to the US News Law School rankings, and it's easy to see why. Yale has a very small class of just a.

What law schools are in Orange County CA?
There are several - Fourth tier schools like Whittier Law School (Nixon is an alumni) and Chapman are decent schools, for being low ranked. There are a few others - I've heard of one called Trinity in Santa Ana, and I think it's California Western?? or is it Western State?.

Which law schools have the best programs in constitutional law?
I'm planning on applying to law school this fall, and I'm wanting to take alot of courses on con-law. I know obviously the top tier schools like Harvard, Columbia, Yale, etc are all going to have good constitutional law programs but what other schools have good programs, and where.

How old do you have to be to become a lawyer?
That will vary from state to state. But, by the time you get through with high school, college and law school the age is around 25. I got my license at 23. - Because of the content of many of their mandatory courses, law schools do not.

Is there any good reasonable criminal lawyers in Colorado?
Who would take payments for drug poss. charge Lots of them. Just look in the phone book! Also, look at the criminal defense clinics at the various law schools in Colorado. - CHECK THE LAWYERS BOARD MAYBE THEY CAN HELP YOU - Yeah, His name is Chris Miranda. He's in.

More Law school questions please visit : LawFreeFAQ.com

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Mechanical Turk and the Danger of Digital Sweatshops - Jonathan Zittrain

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Five Costly Mistakes To Avoid In Wage And Hour Compliance

Common Mistakes and How to Avoid Them in FLSA Compliance

The Fair Labor Standards Act (FLSA) of 1938 was a monumental piece of labor legislation that forever changed the face of business in America. For one, it established a national minimum wage (25 cents) for the first time. For another, it mandated the payment of overtime wages for most employees who do not fall under certain exempt categories. Finally, it regulated child labor on a nationwide basis, another first.

In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and Health Act (OSHA) in 1970, the posters began multiplying, and soon an entire labor law poster compliance industry was born, spearheaded in large part by Personnel Concepts in California, to this day still the industry's premier provider.

While in the early days of the FLSA only businesses trafficking in interstate commerce, even in the loosest sense, were affected, as the decades have gone by, more and more businesses have fallen into the interstate commerce category and thus must abide by the standards of the FLSA and subsequent labor laws. (Family business operations that rely solely on direct family members are exempt.) Today, if you own a small business in Peoria, or anywhere, and you use the Internet or telephone to order supplies or deal with customers, you're an interstate entity. (The FLSA kicks it at $500,000 in revenue, but states cover the rest.) Tweet that you're offering a service, and the FLSA has you provided you're not a family operation. So who's exempt? For the most part, these days only domestic service workers can escape the clutches of the law—and even then it's a questionable exemption that Congress is currently working to eliminate.

For some reason, many employers unwittingly run afoul of the FLSA just by carrying out what they deem to be commonsensical approaches to managing their employees. Need an employee to stay an extra hour or two so you promise that person equal "comp" time off, forget it—you've probably just committed wage theft by not paying overtime. Let's examine some common mistakes like this one that employers make.

Misclassifying employees as exempt when they are actually non-exempt and subject to overtime pay. Employers often think that just by paying someone a salary, you can make that person exempt from overtime and avoid paying for hours worked beyond 40 a week. Paying a salary, according to the FLSA and the clarifying Fair Pay Overtime Rules of 2004, however, is just one part of the equation in granting an employee an overtime exemption. First, the employee must be paid a minimum salary a week, which currently stands at $455. Then, the employee must pass a "duties" test in prescribed executive, administrative, professional, and outside sales classifications. Someone who just answers a phone or files paperwork is not going to survive the duties test.

To illustrate that the distinction between exempt and non-exempt is sometimes so fine a line, even the Equal Employment Opportunity Commission (EEOC) was busted by the Department of Labor (DOL) in 2009 for violating overtime pay rules. Large employers such as Wal-Mart have been taken to court and ordered to pay back overtime wages—or they've opted to settle before a court decision to avoid costly legal expenses. Wage theft in all forms, including the avoidance of overtime pay through misclassification, is in the DOL's crosshairs, so this is a particularly important area of labor law compliance to self-audit your firm on.

Offering comp time instead of paying overtime wages. Many employers assume that they can reward employees for working overtime with subsequent compensatory time off with regular pay. If the employee is truly exempt, this is a fine practice because salaried employees must be paid the same no matter how little or how much they work. However, for everyone else, the FLSA forbids this practice and insists on overtime pay. One exception: If your company is not in a state that mandates overtime pay after eight hours of work in any given day (which is the law in California and elsewhere), it is permissible to adjust an employee's working schedule within the same pay period so that total hours worked don't exceed 40. You can thus avoid paying for overtime, but your firm must be sure to retain positive records on file indicating the hours worked should the DOL come calling. The best practice overall is to avoid comp time except for salaried employees if you want to stay FLSA compliant—and sleep at night.

Classifying as exempt anyone who works in sales or is paid on a commission. The FLSA allows for salespersons to be classified as exempt only if they are engaged in "outside sales" at customers' places of business. The exemption does not apply to anyone who makes sales at any of the employer's places of business or conducts sales by mail, telephone or Internet. Likewise, the FLSA considers employees who are paid on a commission basis generally to be non-exempt and thus subject to overtime pay except when they receive more than half their compensation in the form of commissions at a "retail or service establishment."

Tellingly, an ongoing court controversy has surrounded the practice of labeling as exempt those pharmaceutical representatives who go from doctor's office to doctor's office explaining and introducing medications but not selling them per se. Some courts have ruled these reps to be non-exempt while other courts have found them to be exempt. If the controversy continues, it may take the Supreme Court to settle the issue once and for all.

Calculating overtime pay based on hourly wages only. In calculating overtime pay, an employer must take into account all forms of compensation during the pay period, including hourly pay, commissions and nondiscretionary bonuses. Thus in an example, an employee works 50 hours one week and earns $400 in hourly wages ($8 an hour) and $100 in commissions. Adding things together and dividing by hours worked, that person has earned $10 an hour overall ($400+$100=$500 divided by 50=$10). Since this employee has been paid regular pay for the 50 hours, she or he is owed 10 hours of overtime at one-half the computed hourly figure, or an extra $50 for a total paycheck of $550. This might sound confusing, but the computation of what's called the "regular rate" already includes everything except the half-time portion of the time-and-a-half for overtime.

The DOL is cracking down on all wage and overtime violations and has been awarded an increased budget to enable it to add Wage and Hour Division (WHD) field investigators to carry out the task. Thus this is no time to be lax and approach compensation issues from a "commonsense" perspective. It's time to learn all the requirements of the FLSA and apply them to both the classification and the compensation of your employees. And for their part, employees are being increasingly aggressive in seeking back pay—especially those whom you may have let go during the current recession. The WHD will investigate claims of wage violation and may interview other employees to see how widespread the suspected practice may have been.

To put things in perspective, in 2009 the 10 largest private wage-and-hour settlements totaled nearly $364 million, 44 percent more than the 10 biggest settlements in 2008. States with the most significant growth in wage-and-hour litigation are California, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Pennsylvania, and Washington, according to law firm Seyfarth Shaw's annual report on workplace class action litigation.

Even more troubling for employers is the rise in private class-action lawsuits related to wage-and-hour issues. In 2009, Wal-Mart settled an FLSA suit for $11 million; Lowe's forked over $29 million; and Wachovia paid $39 million. These suits are often fact-intensive, and employers stand little chance of succeeding on a motion to dismiss claims brought under the FLSA. Further, the FLSA's attorney fee provision for plaintiffs who prevail results in increased monetary liability for employers.

What to do?

To protect against adverse legal and regulatory actions, employers should make sure that their workers' classifications are reviewed and updated regularly. Employers also should make sure they have workplace due process procedures in place so workers can bring their grievances to the attention of managers. Employers should promptly investigate and respond to all grievances because that can generally help ward off further action. If employees feel someone will listen to their concerns and act on them, they are much less likely to file a grievance that can lead to all sorts of regulatory and legal hassles.

Lastly, we at Personnel Concepts have researched, compiled and made available informative and easy-to-follow tools to help you comply. Two that are truly essential should be on everyone's shopping list. The first is the FLSA Overtime Rules Compliance Kit, and the second is the FLSA Salary Basis Compliance Kit. Get your copies today and master how to stay in full FLSA compliance.

About the Author

Gary McCarty is a researcher and Web Content Manager for Personnel Concepts, pioneer and pacesetter in the labor law compliance industry.

SoCal Immigration: Law, Labor, Liberty [FOX News Challenge '08]

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True or False about California and federal lwa require you take aids test prior to new employment?

California and federal law may require that you take an "AIDS test" as a prior condition for new employment or to obtain medical benefits for the first time. TRUE or FALSE?

It's medical testing and subject to medical privacy laws. Such laws permit such tests in certain industries and positions out of necessity for the public safety.

For medical benefits, you cannot be tested for one specific medical condition in order to qualify for coverage, whether for employment or for private insurance. You could be required to take a general physical test which covers a range of conditions. but HIV/AIDS cannot be singled out for exclusive testing.

Bryan King on the 2008 California Employment Law Update

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Purchasing Workers’ Compensation Insurance: 14 Payroll Adjustments Effecting Workers’ Comp Insurance Premiums

Estimating payroll  is an all-important feature of workers’ comp insurance  as your premium payment is pegged to figures. Part of the audit process determines whether an employer’s payroll figures were accurate. If you under-estimated, there are additional premiums to pay. On the other hand, if you over-estimate, you may receive a refund. However, it’s better to estimate payroll figures as close to actual figures as possible.

14 Common Adjustments

1.  Pretax deductions,  also known as section ,125/129 deductions are deducted from the premium base in California ONLY. Other states include section 125 in premium base. California employers should be sure to have this information summarized so it can be deducted from the exposure totals for their policy.

2.  Tips paid  are a form of third party pay and is excludable from the premium base in many states. Remember tips and service charges are different – tips are paid directly to employees by customers, where service charges are paid to the employer. Only tips can be excluded. 

3.   Severance paid  is excludable from the premium base in many states.

 4.  Overtime dollars  paid are excludable from the premium base in many states.

5.   Value of Group term life  over $50,000 are IRS imputed income and excludable from the premium base in many states.

6.  Fringe benefits  that are IRS imputed income, such as personal use of an auto, are excludable from the premium base in many states.

7.  3rd party sick pay  is excludable from the premium base in many states, because the payments are made directly from the 3rd party payer to the employee - the employer does not make these payments, although in some cases they are included in the employers’ records. If included in the gross wages, these can be deducted.

8.  Reimbursed expenses  shown in income with actual records of the expense submitted is excludable from the premium base in many states. IRS rules often require including certain expenses the insurance industry does not include, so let the auditor know about such reimbursements so allowable deductions can be excluded. 

9.  Military pay  is excludable from the premium base in many states, so if you continue to pay employees who are in the service document these payments so the auditor can review them.

10.  Stock options  are excludable from the premium base in many states.

11.  Holiday/vacation/sick pay  are excludable from the premium base in some states such as Kansas, as long as actual amounts are documented for specific pay that is vacation pay. 

12.  Residuals  from commercials and motion pictures can be excluded in most states.

13.  Expense reimbursements reported as income is excludable from the premium base in many states.

14.  Stock bonuses  are included in the premium base in many states, so if these amounts are available the auditor can review them. (workersxzcompxzkit)

As you see , there are many different rules in each of the 50 states offering some significant opportunities to reduce your workers’ compensation premiums. Work very closely with your auditor to make your audit as accurate as possible! 

Resources:  State’s laws:  http://reduceyourworkerscomp.com/laws_and_regulations.php 

Visit:  http://www.workerscompkit.com/gallagher/QuoteCenter/workers-compensation-insurance.php for more help and information.

Extracted from Workers’ Comp Kit® Blog.

About the Author

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

4/19/10: White House Press Briefing

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California Labor Law Posters

The labor laws keep getting updated and California labor law posters have to display the correct information to its employees and as a result the State and federal labor law posters have been changing quite often as a lot of legislations have been passes in the area of employment that businesses have had to continually upgrade their labor laws. They have an added responsibility of informing about these changes to their employees who work for them. This is a process that goes on and thus organizations have to keep a track of the changes coming about in the labor laws.

There are many labor laws that affect the employees directly and to name such a few are laws related to wage and hour regulations, family leave, sick leave, discrimination, child labor and occupational health and safety that are the prominent ones today in the workplaces. The California labor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California. In America the minimum wage rates that adjust annually in ten different states and the information has to be given to the employees about it through these labor law posters. The states are Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington, Colorado and Arizona. People think that the posters are changed only during January each year, but it is not so, labor law posters can change anytime as when the new legislations are passed and so it is a misconception that posters are upgraded only at the beginning of the year.

Various states have their own posting requirements, and these are found in the individual labor laws that are displayed in the labor law posters.  Some states require few posters while other states require 10 or more state posters. The California labor law posters and safety posters that are required mostly are related to wage and hour rules, health and safety, family leave law etc.

About the Author

The California labor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California.

Equal Rights 101: Employment (All 4 Videos)

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California law on employment and GED?

My younger half sister is 18 and working to get her GED. She is one test away from obtaining it but it may take more than a month. Most jobs require that you have a HSD or GED if you are 18 or older. What is the law in California on this? Can she still get a job w/o a GED? She didn't lie on any applications, either.

There is no law (federal or state) concerning HSD or GED. If she does not have one she should not state she has it on a job application or resume. As long as she doesn't lie on those she can apply any where she wants to.

Tamie Kennedy on the 2008 California Employment Law Update

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Immigration: H1B Primer -- Your guide to the H1B working visas for specialty occupations
This is the first of a two-part question and answer series on H1B working visas for specialty occupations.
Hayward Employment Law Attorney Harassment Lawyer California

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California Business Law Attorneys – How Important are They

Legal services are often deemed unnecessary and are often seen as mere additional expense. But you may be overseeing the fact that California business law attorneys can help a great deal in corporate dealings and operations.

They are not only good in issues of litigation such as when you are being investigated for securities fraud by the Security and Exchange Commission or when a customer charges against you for product liability. Business attorneys can also prevent various legal issues that can come out of forming a business, whether a small start-up or a large corporation.

Engaging in the world of business can involve tremendous tasks, from hiring employees to tax issues, from registering and licensing to negotiating business transactions, so on and so forth. It entails so many concerns that it will just be impossible to get your hands on all these alone. You may ask, what makes it so important to seek help from a lawyer?

• A business attorney can make sure your company is in observance with corporate official procedures. A business attorney can draft resolutions, contracts, minutes, etc.

• A business attorney can present direct access to legal guidance with familiarity of your business in times of setbacks to assess circumstances when they happen and give you timely proposals and assistance.

• A business attorney can modify or re-establish crucial agreements like shareholder, operating or purchase agreements.

• A business attorney can advice you with your legal options and ways to resolve disputes

• A business attorney can give a classified sounding board to aid, evaluate, and develop company issues, strategies and plans.

• A business attorney can organize employee policies/handbooks and employment agreements defending you from unlawful termination and discrimination charges.

• A business attorney can identify probable problems that you may not expect with your company, its operations, its employees, policies and procedures.

• A business attorney can arrange and examine business documents and contracts. Even though there are a number of pre-printed forms and self-help legal guides, you must not depend on these resources completely. Business law can be complex, and errors could be costly.

• A business attorney can negotiate on your behalf for the sale of your company or the possession of another company or its assets.

• A business attorney can negotiate financial arrangements.

• A business attorney can help you in getting State and Federal licenses your business may call for.

• A business attorney can help you protect your company’s creative works and intellectual property.

How do you choose the right business law attorney in California? Hiring a corporate legal counsel you can trust and rely on is of utmost importance. You need to be at ease enough with your lawyer to discuss confidential matters with him or her. You also need a counsel whom you can have confidence with.

In addition, find an attorney who you can communicate with easily, one who can keep in touch with you regularly, and a person who finds time to meet or talk with you personally to discuss your concerns.

It is highly advisable that you get a business attorney who has the necessary background experience that will meet your legal needs. Seek one who has expertise with business laws, and who is well versed, knowledgeable and skilled with business legal matters.

Though hiring a business attorney does entail financial expense, the little amount you would be spending will not compare to the thousands of dollars your company would be paying in case you are faced with contractual or employment disputes. Having appropriately arranged contracts at the onset may avert the matter from ever proceeding to a lawsuit.

Our California attorneys have solid background in handling various cases involving the Business Law. For free evaluation of your case, log on to our website and fill out our form.

About the Author

Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she’s glad for the opportunity to enhance her writing skills while working as a content writer.

CA State Capitol Rally for the Employee Free Choice Act - Harley Shaiken of UC Berkeley

Watchdog sues city over closed-door Dolan settlement
A longtime activist for open government has filed a lawsuit against the Manhattan Beach City Council, claiming it kept the public in the dark by secretly arranging a separation agreement with its former city manager and then approving a hefty severance payout.
Los Angeles Women's Rights Lawyer Employment Law Attorney

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Loan Modification Help Center – Loan Modifications, Myth vs. Fact

When people take the time to research loan modifications, they are confronted by various issues that may not make much sense.  Different loan modification companies will offer differing information, and mortgage lenders will usually choose to hold back certain truths, often to their own benefit.  The Loan Modification Help Center is designed to try and eliminate the myths from the facts, giving you a true picture of the loan modification arena.

Here are some myths going around the Internet as well as the truths that debunk them:

Myth – You have to be late on your mortgage in order to be eligible for a loan modification.

Fact – You do not have to be late, although it helps if you are.  In other words, you will get more attention and help on your mortgage from your mortgage lender if you are late.  It takes a California loan modification attorney with a tenacious attitude to deal with a borrower, but getting a loan modification if you are not late on your payments is absolutely possible.  Plus, new laws passed by the Obama Administration help people in that situation.  

Myth – Any loan modification company can help you with a California home loan modification.

Fact – Unless a loan modification company has an experienced California home loan modification attorney, they really can’t help you very much.  A loan modification attorney will be empowered to work on your behalf, and only someone with the power of attorney can do so.  A random company that does not employ (or is not run by) a California loan modification attorney really can’t do an adequate job.

Myth – Lenders are doing everything they can to assist struggling homeowners.

Fact – Lenders are doing everything they can to protect their own interests.  Lenders have neither the resources, nor the good will to help all the homeowners suffering from bad mortgage loans.  These lenders have lost billions of dollars, have laid off countless employees and are responsible to their shareholders, not the general public.  Without a California loan modification attorney helping you get a loan modification, you really are not going to get the attention you need and deserve.

Myth – Loan modification applications cost a ton of money.

Fact – There are absolutely some loan modification companies looking to make a quick buck, but experienced, qualified and service-oriented loan modification companies such as the Feldman Law Center are focused on keeping you in your home.  People should not be frivolous with their cash, which is why a qualified loan modification company is the way to go.  If you have concerns about upfront costs or overall costs, be sure to talk to the service representative you speak with about it.  You will most likely spend some money, but remember we are talking about your home here.  Keeping your home during this difficult economy will make you stronger financially once the recession ends.  That should always be your end goal throughout the loan modification process.

Visit us at http://www.loanmodificationhelpcenter.org/ or call 800-359-6941.

Legal Disclaimer

The information contained herein is provided for general information and advertising purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. Nothing in this article shall create an attorney-client relationship. Nothing sent to this law office via e-mail shall constitute an attorney-client relationship. Nothing contained in this article shall be construed to be a guarantee or prediction of result. Prior results are provided for general information purposes only and do not guaranty, warranty or predict a similar outcome with respect to any future matter.   Results achieved depend on individual circumstances and not everyone will qualify or be successful in restructuring their mortgage loan.

About the Author

Alex is a famous author who writes about Loan Modification. Loan Modification Help Center is a free resource for millions of people to find information regarding several topics related to loan modifications and resources to information.

Response to CFAW ad

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Isn't it considered discrimination when waitresses at Hooters are employed by their looks?

Not that I'm complaining, I think their waitresses are awesome!! But I was just wondering how do they get away with California laws, policies, and procedures regarding Equal Opportunity Employment when they do not hire girls who are not that sexy.

Well, the fact is, if you have more applicants than positions, you are going to take the more qualified persons. The qualifications at Hooters are sexy looks. Its kinda stupid, but thats how it is. I mean look, if you have a smart man and a dumb man, are you going to take the dumb man 'cause all are supposed to have equal opportunities? No, of course not, you will take the smart man. Are we then supposed to protest against discrimination against dumb people? I don't think so.

Now if there was a very hot black lady, and Hooters took a less good looking white lady 'cause she was white, that might be considered discrimination. But even then, if the employer thinks that his customers will come more because he has a white waitress, then I think he is justified for taking the white lady over the black.

In companies where the employees deal directly with the general public, the employer has to take into account the prejudices of his customers. You have to make a good impression. Customers might think that a black guy may be able to help them out more with some 'hip' rap clothes, then a 'more regular' white guy. So if the black guy will be able to sell more merchandise, then he is better for the job.

So you have to take into account the qualifications of the job, and the prejudices of your customers. And the fact is that not all men are created exactly equal on all fronts. They all have different talents, personalities, etc. So that is how you determine who you pick for the job.

Sorry for the long answer, but I think your question deserves a little more attention than a simple 'yes' or 'no'. Cheers!

Sherman Oaks Employment Law Attorneys Discrimination Lawyer

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Small business employees FAQ

Could i start a business and put a taxx on my workforce to futher my goal ?
i will give the gov. their share, but i looked-for to taxx my employees for my personal gain to form a consortium or to incorporate what steps do i take??

Have you ever have to close your business or lay sour personnel? If yes, later what is a suitable path of doing it?
If my small business was going out of business, how could I consent to my six employees know that I might hold to shut down the business. If...

In the state of MN can an emplyer work a member of staff for eight hours lacking a break?
Federal law does not require lunch or coffee breaks. Minnesota tenet requires "sufficient" unpaid time for employees who work 8 consecutive hours or more.

Is at hand profoundly of opportunity to do medical billing from home?
I am taking an online class to get my Associates Degree. I am hoping to do medical billing and coding from home. Are in that many companies that propose their employees the fate to work from home, or are...

Is it possible to run your own business if you travel seriously?
Depends on the type of business. I have a home base office, and do business consulting and get rid of promotional products. Have no employees. We budge on vacation every two months for a week or ten...

Sample termination memo during probationary time?
Does anyone have an example or two of a termination communiqu? to use during an employees probationary time of year (or the politically correct term is introductory period)? I've never have to write one, never even received one myself but I need to write...

Service department instability! small company?
our small comany (10 employees, of that 2 service techs) is have issues with our service dept. we've tried so masses things to try and get the guys to save up on inventory, be on time to call, manage their time, check contained by and...

Should I be exempt or non exempt?
I am a Report and Data Analysis Specialist in a CRM department. My opportunity is the only one contained by the entire affiliate of 500 employees. I work contained by a seperate office from my boss - for this reason I work...

Slow payer sound out?
My husband has a construction business that he runs. Two months ago he finished an emergency opening that he had to work dark shift for. It was tricky enough to work hours of darkness shift on a weekend and even harder to find employees that...

Tax Identification Number instead of a SSN?
is it possible for a person to work by entering a TIN number instead of an SSN for an employer i.e. going to be paying their employees contained by cash?

Training interrogate surrounded by South Carolina.?
Can I have my supervisor train our force in how to operate machinery? Or does he hold to be certified? I was thinking I could enjoy him train the employees and next after the training , give respectively employee a card maxim that they have...

What business should I start? I enjoy sale, customer service, social work, clerical, excellent computer skills
I'm not able to urgently quit my day chore and prefer something that can be done from home, or where I can hold employees work from home while I verbs my current job.

What percentage of companies provide condition insurance to personnel at no charge?
What percentage provide employees family with condition insurance at no charge?

What should my living title be?
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What to do just about employee/boss problem?
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What's a sensible amount to reimburse human resources for occassional vehicle use on business?
Occassionally my employees use their personal vehicle for business and claim a per mile allowance. We currently reimburse at 35p per mile but some employees hold pointed to this site which indicates that tax nouns...

Where can I find free emloyee evaluations?
I'm doing evaluations at work for my employees and we don't enjoy anything to go stale of. Does anyone know where I can find some? Its for a portrait studio, so nought really businessy and formal.

Why bestow Thanks?
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Why Marketing Research involve contained by any Small Business and Nonprofit Organizations?
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Your business plan is a tool that can?
A. clarify your business strategy for investors B. double as an organization booklet for foreign employees C. be used to bring back your business license D. be adjectives merely surrounded by the star-up stage

4 kids, house, fulltime brief and incredibly little time...What do you assume we did to solve our financial problems?
My wife and I have a home base business where we provide those who dont have insurance resembling contractors, service industry employees, small business body, college students, and sales citizens a card...

Am I responsible for abiding by a contract signed by one of my human resources?
One of my employees signed a rubbish hauling contract on behalf of my company. The contract be for 3 years and stipulated that if I didn't cancel via registered e-mail no more than 180 days and...

any print shop owners out here?
are there any print shop owners out here? if so how long within business? employees? what type of printing? any tips on starting a shop for myself?

Are owner/operators exempt from OSHA?
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Blockbuster address?
I am trying to get the address for blockbusters fundamental office. they are trying to charge me almost 50 dollars for movies that i returned within the drop box and their employees lost. I be called once by the company to read out that I owed them the movies...

Business Contract Law?
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Business owner have problems beside human resources.?
As a business owner, how do you maintain a positive relationship and work environment next to your employees all the same ensure that they do what they are told? People hired to do management work here do not behave approaching management. They...

Business sound out...?
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Can a Minor be vanished surrounded by a store alone?
If I were to promote one of my 16 year antediluvian employees surrounded by my fast food restaurant to allow them to become a closing superintendent, can Ilegally allow that minor to run the store from 6- 9:30? The Florida state...

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More small business employees questions please visit : Small-business-FAQ.com

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Small-business-FAQ.com

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Small Business Health Benefit Challenges… and Solutions

After pay, health insurance is the most important inducement small businesses use to recruit and keep employees motivated. Yet many employers are finding the ability to provide cost effective health insurance more challenging as premiums continue to rise and the options available continue to decrease. Employers are beginning to think “out of the box” and are looking at new ways to offer their employees benefit programs, and to keep them motivated.

NAPEO, the National Association of Professional Employer Organizations, conducted an employee benefits survey in November, 2007 of its members’ clients to understand the concerns of small and medium-sized employers. NAPEO is an organization that represents firms, PEOs, which specialize in providing human resources outsourcing support and employee benefit packages to small and mid-sized employers nationwide. Mirroring the sentiment across the country, the trade association found that health care costs were their second-biggest worry after attracting workers.

The survey also revealed that more than half of the 365 small businesses surveyed said their premiums rose as much as 10 percent this year, and almost one in 10 told NAPEO they would dump their health coverage next year or are unsure about it. Many of these companies said they will pass at least some costs along to employees next year. One in five said they would raise co-payments for office visits or deductibles; one in four said they’d raise premiums.

California Employers Feel The Squeeze

The survey was conducted nationally, but employers in specific states, such as California, are being hit the hardest. Michael Holmes, Client Services Director of CPEhr, a Los Angeles-based

Professional Employer Organization, is not surprised. “This is another wake-up call,” says Holmes. “Soaring health insurance costs in California are hitting small businesses especially hard and these businesses employ the vast majority of workers. This is an extremely troubling development, not just for small businesses and their workers, but for the entire economy.”

A report recently released by the California State Library, entitled, “Ninety Years of Health Insurance Reform Efforts in California” by Michael Dimmitt, Ph.D of the California Research Bureau, reviews the history of health insurance in California dating back to 1918. It reveals some startling facts, and reasons for even greater concern in California:

• Between 1961 and 2002, health care costs increased almost without interruption. No effort to contain them has proven successful over the long term.

• Federal programs provide health care coverage to over 7.4 million Californians. If the programs were not in place, the number of uninsured in the state would double.

• More than 20 percent of Californians, 6.6 million people, currently lack health care coverage over the course of the year according to research conducted for the California Healthcare Foundation.

• Of those without health insurance, an estimated 75 percent are working people and their families.

• As a consequence of the growth in premiums, the number of people covered by health insurance in California decreased from 64.6 percent to 54.7 percent between 1987 and 2005.

Some employers are content to continue along the traditional health coverage path for their staff. While premiums rise, most just consider it a cost of doing business. However, many California employers are now turning to the PEOs to provide relief for their employee insurance woes.

What is a Professional Employer Organization?

Professional employer organizations, or PEOs, pool thousands of employees under one roof and provide cost effective management of small employers’ health insurance plans. Additionally, PEOs help small businesses outsource their time-consuming human resources chores, such as payroll, HR policies and risk management, so owners can focus on making a profit. The PEO acts like an offsite human resource department, so even small employers can gain access to expertise typically reserved for larger, more established organizations. Particularly in California, where complex employment rules and difficult insurance guidelines weigh heavily on small businesses, it is highly beneficial for small California employers to connect with an expert PEO in the state, such as CPEhr.

Like most PEOs, CPEhr creates a "co-employment" relationship with its clients, thereby sharing the risks and responsibilities of being an employer. CPEhr assumes the role of the Administrative Employer, whereby it pays the employees, files payroll taxes, provides health insurance, issues the workers' compensation insurance, and manages most aspects of employment. The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day functions relating to their internal operations. This includes hiring, firing, establishing wages, and directing the workforce.

Through this co-employment relationship, small organizations access the economies of scale enjoyed by large corporations. CPEhr’s clients can offer premium benefit packages and retirement plans to their staff, typically provided by their larger competitors. They can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company's core competency and grow its bottom line.

Creative and Affordable Insurance Options

According to NAPEO, the PEO industry grew over 15% in 2007, to $61 billion in gross revenues. PEOs currently provide access to employee benefits for 2-3 million working Americans. This number continues to grow as the economies of scale offered by PEOs make them an attractive solution for small employers looking to offer a wider range of benefits to their staff, without the need to shop, administer or oversee these plans.

CPEhr maintains a fully staffed employee benefits department which is focused on finding cost effective and comprehensive benefits to make available to its clients. Because CPEhr has the manpower to tackle this daunting task, the small employer merely has to join the PEO program, and enjoy access to the benefits without the responsibility to administer the plans.

Like most employers, CPEhr offers its clients standard major medical insurances with the large insurance carriers. However, due to the size of the pool of employees, CPEhr enjoys a stronger relationship with the insurance companies which enables them to offer a wider range of plans and coverage options, with greater flexibility on enrollments and improved customer service. While a small business independently may secure a benefit plan with one or two co-pay options, a CPEhr offers as many as 8-10 options for the same employer.

In addition to major medical, a wide range of supplemental benefits, such as dental, vision, life, and disability insurances are available. CPEhr also extends its benefit offering to include additional employee programs such as such as travel, cancer and alternative health care insurances, credit unions, Flexible Spending Accounts, and robust 401 (k) plans. The Small Business Administration estimates that merely nineteen percent of employees working in a small business have access to a 401 (k). That number skyrockets to an estimated 95% in a PEO arrangement.

While it is obvious that not every small business will need, or even want, to offer this wide range of benefits to its staff, it should be comforting for them to know that alternatives exist. At the least, the small employer should recognize the extraordinary opportunity PEOs offer to help level the playing field in the complex and tough employee benefits environment.

Conclusion

Rising health insurance premiums, complex employment and benefit administration, and a weak economy are all making the task of procuring affordable, manageable health insurance more daunting for the typical small employer. Particularly in California, where 75% of the uninsured population is in the workforce, these challenges are reaching critical limits. More and more employers are turning towards alternative health insurance solutions, such as joining a PEO for their employee benefit coverages. One such firm, CPEhr, is a leader in the California marketplace and can provide these solutions efficiently and cost effectively for state-based businesses.

About CPEhr

Founded in 1982, CPEhr is one of the largest, privately owned human resources and professional employer outsourcing (PEO) firms in California. With 25 years experience in the California market, CPEhr has an advantage in its knowledge of statewide employment challenges. CPEhr provides a personalized service that extends to 35 states. CPEhr offers an array of integrated human resources services that includes: Employee administration, human resources and labor law compliance, payroll and tax administration, benefits administration and compliance, workers’ compensation administration, risk management, training and development and recruitment.

About the Author

UC Irvine Protest March 3 2010 Part 3

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I am a property owner and have an apartment manager I want to fire and evict.?

She gets a rent free apartment and has been there for 5 years. There is no agreement in place anymore. This is in Riverside County, CA. Can I terminate her employment and give her a 30 day notice to move out, or do I have to give her a 60 day notice to move? I've heard there is a California law that you have to give a 60 day notice to anyone who's lived somewhere more than a year, but wouldn't she be considered an employee and not a tenant?

She is not a tenant. She is an employee.

Once you fire her she has to leave the work place. She has 72 hours, after that you call the sheriff. Employees do not have to be evicted, only fired.

Schaeffer Law Office of Dr Peter M Riverside, CA

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Employee Bonus Plans: Ensuring Compliance in California

Employers often design and implement Employee Bonus Plans to motivate employees to work hard and achieve company-set goals, be it sales targets, high marks on customer satisfaction surveys, or any other system of measuring achievement. Employee Bonus Plans are also a tremendously effective way to improve worker morale. Often, employers retain employment attorneys to draft these bonus plans in order to maximize effectiveness and to ensure compliance with local, state, and federal employment laws. In order to accomplish those goals, attorneys should pay careful attention to the following provisions.


* Purpose / Objectives: The purpose or objectives of the employee bonus plan should be laid out at or near the top of the plan. It is important to let employees know that the bonus plan is designed to reward employees for their contributions to the successful achievements of corporate goals and to share the success of the business with employees.


* Administration: The Employee Bonus Plan should let the employee know who is administering the plan and who will be setting the performance objectives, be it the Chief Executive Officer, the Director of Human Resources, or a team of executives.


* Eligibility: This provision should let the employees know which categories of employees are covered. Is this a bonus plan for the rank-and-file workers or for executives? Is it only for full-time employees, or are temporary and part-time employees, interns, and independent contractors involved as well? This provision should clarify which employees are eligible for the incentives described in the bonus plan.


* Confidentiality: Employers may want to include a confidentiality clause in their bonus plan. If so, this provision should state that participation in the bonus plan and all related discussion and documentation should be considered fully confidential between the company and the employee. All employees should be expected to honor this agreement and promise not to discuss or disclose bonus plan matters with any persons other than his or her manger or human resources.


As far as the substance of the bonus plan, it is important for employers in California to be cognizant of state law. The following categories of incentive plans should be considered in compliance with California law:


* Bonus Plans Based on Gross Sales: Bonuses not reduced by any cost factor, e.g., based upon a gross sales goal or productivity in terms of units produced, hours worked, etc., should be acceptable because such bonuses are not affected by the costs of doing business, such as shrinkage or workers compensation costs.


* Bonus Plans Based on Certain Margins: Bonuses may be based on some portion of a company's profits, excluding impermissible expenses discussed above. Thus, for example, a bonus based on a gross margin or contribution margin will be acceptable.


* Profit Sharing Plans: ERISA authorizes employers to implement profit sharing plans, and generally does not restrict how profits are calculated, except that amounts accrued must be determined under a definite ERISA-compliant pre-determined formula.


* Discretionary Bonuses: Truly discretionary bonuses are legal, but a bonus is discretionary only if: (1) the fact and the amount of the payment are determined in the sole discretion of management; and (2) the payments are not pursuant to any contract, agreement, or promise causing the employee to expect such payments regularly. However, note that a "discretionary" bonus regularly paid each year, e.g., a holiday bonus, may lose its discretionary character after some period of time if employees come to expect such payments.

About the Author

Mark Warner is an Employee Bonus Plan Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDocs.com.

Allison West at 2009 CELU - Sample Clip

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Real Estate Q&a

More Real Estate Q&A Please visit : Real-Estate-Base.com

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Robert Cartwright Jr: Dangerous Toys - Fox News Interview

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Law Enforcement Consultant – a New and Expanding Career Field

Law Enforcement Consultant – A New and Expanding Career Field

How many times have you turned on the news and heard stories about another far flung country such as Iraq, who's police force was undergoing training in modern policing methods? Its happening more and more and who do you think is doing the training? What you may not know is that it is private contracting firms that are  employing law enforcement consultants to do the ground work and now you too can get on this new modern day gold rush.

An Expanding Need

As American and other western countries become more involved politically with so many of these undeveloped countries, one of their tasks is to insure that their police forces function in accordance with modern standards. This is because, with countries like the U.S. and England working in conjunction with these police forces, they must be sure that the citizenry that they come in contact with are treated in accordance with western policing standards.

More Employment Opportunities

With police departments across the U.S. now struggling to keep their own ranks filled, these private contractors are now having to offer extremely enticing wage and benefit packages to lure in law enforcement consultants to work for them. What this means for men and women across the U.S. that have completed their law enforcement training, is that they now have more employment options to chose from when deciding on where to work.

More Money and Better Jobs

Why should you choose to work for one of these private contractors rather than a U.S. police department upon completion of your law enforcement training? To begin with, they pay substantially more and thats not all. They also house you, feed you and provide plenty of vacation time as well. Also, the experience that is garnered by doing overseas law enforcement consulting work makes excellent resume material. This in turn gives you priority status, when you do finally return to the U.S. and begin to approach domestic police agencies for employment.

About the Author

Written by Jameson Geraldo. Find the best information on Law Enforcement Consultants as well as Executive Management Consultants

Jury duty

In regards to California State Employment Laws...?

I was under the impression that all businesses operating in the state of California are to comply with a 7 minute "grace period" for employees who are running late - and that only after the 7th minute, they are considered late. Am I wrong in this? If anybody has input or even a state website that states this, could you please post it? And to be clear - this isn't just in regards to state workers - all businesses in California. Thank you for your help...

I've never heard of it. I believe they can count you late once the clock ticks past your start time. Check http://www.ca.gov/Employment.html for additional info.

San Jose Lawyer Employment Law Attorney California

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Home and work options in Oakland, CA?

I have a friend who is out of work and close to being homeless in Oakland. He is a military veteran and has had careers in Law Enforcement and other areas and is looking for a temporary place to stay while he gets on his feet. The men's shelters in the area are booked. What other resources are available in the Oakland/SF area to help someone like this with employment and housing?

Alameda County Public Health has a homeless people program that could help him with his options.

Contact Information:

G. G. Greenhouse, Director
Addie Brown, Support Services Team Leader
Jennifer Kanenaga, Lead Nurse Practitioner
Elizabeth Marlow, Nurse Practitioner

Health Care For the Homeless
1900 Fruitvale Ave.
Oakland, CA 94601
Phone: 510 532-1930
Fax: 510 532-0963

Bankruptcy Lawyer, Labor Arbitration in Oakland CA 94609

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California Overtime Laws: Top 4 Common Employer Mistakes

A California labor law attorney has revealed the four most common mistakes that employers make in violation of California overtime laws. Although California labor laws for breaks and lunches are clear, nevertheless employers tend to overlook something as simple as giving their employees a meal or rest break. While this is only one of our top three violations, it is often the most overlooked.

1. The most predominant Employer mistake or violation appears to be the failure to properly classify managers and supervisors as exempt or non-exempt from overtime. Employers tend to believe that just giving the employee the title of manager or supervisor will suffice when it comes to classifying such employees as exempt from overtime. If improper classifications are made, a California labor law attorney may eventually come knocking and if he/she does, it could be expensive. The fact of the matter is that under California overtime laws, the job duties an employee performs and how much they perform these duties determines whether that employee is exempt from overtime or not.

1. Another common (and somewhat overtime pay related) violation is providing comp time in violation of California overtime laws. Comp time occurs when an employer requires an employee to work additional hours beyond their standard shift without paying overtime. The Employer then allows the employee to come in the next day a few hours late as “compensation.” This is unlawful if this act entails depriving the employee of California overtime pay based on the daily overtime regulation.

1. As briefly mentioned above, another common violation is failure to abide by California labor laws for breaks and lunches. Each employee that is non exempt is entitled to a 30 minute uninterrupted lunch break after 5 hours of work, and a 10 minute break after 3.5 hours of work. In the event such California labor laws for breaks and lunches are not adhered to, the employee is then entitled to one hour of pay for a missed meal or break period (limit one hour per day regardless of number of breaks missed in a day) and the statute can go back as far as four years for recovery! Failure to provide a meal or break period could have a far reaching complication for employers who pay only minimum wage, and could cause employees to fall below the California minimum wage level. This could expose the employer to serious and expensive penalties as well. Employers are required to provide meals and to protect themselves, should attempt to not only require that the breaks are taken timely, but require that a record be kept to show compliance with California labor laws for breaks and lunches.

1. The fourth most common violation that a California labor law attorney may discover is the failure of employers to pay for expenses incurred by Under California Labor Code 2802. Employers are required to reimburse employees for expenses they incur in the discharge of their duties. It is clear that California overtime laws are not only strict, but so are many other California labor laws designed to protect the California employee. Some common expenses that are to be reimbursed are: non commuting mileage, cell phone expense, internet expense, and office supplies. Many employers take for granted that failure to reimburse these expenses exposes them to possible California class actions as well as individual lawsuits.

It is suggested that you take the time to educate yourself about California labor laws as they relate to those areas in your unique workplace. If you are unsure about interpreting certain California overtime laws, and you feel there may be an employer infraction or “mistake”, it is recommended that you find a California labor law attorney and seek the proper legal advice and counsel. Often employer violations are simply the result of ignorance and/or a lack of understanding of California labor laws. While that is a reason, it is not an excuse and does not permit any employer to be exempt from diligently applying the regulations enforced by the California Labor Board.

About the Author

Lars Vheltzer is a freelance journalist who will suggest when employees may be best served by retaining a California labor law attorney. He comments on issues related to California overtime laws and California labor laws for breaks and lunches.

Employment Lawyer, Business Law, Pasadena, CA

One disadvantage of having been in prison is that by the time you get out, you will find yourself having a great deal of difficulty finding a job. Most employers are leery of hiring anyone with a criminal record, and even if you have turned over a new leaf after paying your debt to society, it doesn't change that bias towards people refusing to hire you once they find out about your past.

However, this isn't the time to despair. It doesn't mean the end of the world if you are unable to get employment immediately. There are still a lot of felony friendly jobs available if you only know where to look. Even if the unemployment rate continues to rise due to the present economic situation, there are legitimate and legal places where you can get hired immediately without having to be interviewed for the position.

If you have an email address and access to an Internet connection, you can have a job within minutes. These felony friendly jobs are known as "get paid to" jobs which will involve participating in various online marketing research surveys that pay people to give their opinions on various products or services, political or social atmospheres, TV programs or movies, and any number of other topics.

You get paid for every survey you participate in by as much as $10 for every 10 to 15 minute survey or questionnaire you complete. It's as easy as clicking boxes or filling in some questions fields, and you will be paid via check.

Making an honest living after life on the inside doesn't have to be so difficult, simply participate in "get paid to" programs online to earn money and start your life anew.

Sentencing Law and Policy: "We Deserve Our Lives Back"

Gainful and meaningful employment is a stepping stone but a career is what we strive to regain. We don’t ask that you level the playing field, we just want the opportunity to play. Here is the start of the text of an e-mail I received asking me to spotlight this website in conjunction with ... I am speaking of the first time, non-violent offender who, due to the current federal policy, must spend the rest of their lives bearing the stigma of a federal felony conviction. ...   Read more...

» Michigan Unemployment Benefits Made Easy Best Legal Articles ...

David M. Blanchard primarily practices in the areas of civil rights, commercial and employment litigation, and felony criminal defense. Blanchard handles all employment related matters, from harassment, discrimination or retaliation ...   Read more...

It's a Depression | Robert Reich's Blog

The March employment numbers, out this morning, are bleak: 8.5 percent of Americans officially unemployed, 663000 more jobs lost. But if you include people who are out of work and have given up trying to find a job, the real unemployment rate is 9 percent. ..... If we reform our criminal justice system (and we need to) we will have to find jobs for a lot of people with few skills and the handicap of a felony conviction on their records. Posted by sdimond ...   Read more...

Felony Crimes in California : LA Criminal Defense Blog

Felony crimes, however, typically garner a minimum of 16 months in a state prison or, depending on the crime, life in prison. Punishments for felonies also carry what could be a lifetime of limited employment or living choices after time ... The right attorney can potentially help you avoid jail time for a felony conviction and later help have the offense expunged from your criminal record. If you are being charged with a felony offense, call the attor...   Read more...

Author: Greg Mascetani

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Have You Been Fired? Get Help from Termination Laws Attorneys

In California, there is a provision known as "at-will" employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

In California, there is a provision known as "at-will" employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

 In almost all places in the world, it is unjust for any company to fire their employees without any solid grounds. They can only do so if such employee is violating company rules and regulations. If there is valid reason, the company still needs to follow due process in serving the termination. The employee should still be given a chance to defend himself.

Let us say that an employee is being terminated because of an allegedly falsified tax declaration. Labor laws do not give him the authority to fire the employee. The best thing the employer can do is find out if the act of the employee is in violation of company rules and regulations. The next move is for the employer to inform the employee that they violated company rules and be given the chance to air their side. By doing so, the company will not be violating the Anti-Retaliation Law.

Due to the numerous rights and benefits enjoyed by an employee, employers should realize that they are liable to committing violations of the labor laws. In the performance of their duty, intentionally or unintentionally, any act that discriminates their employees makes them prone to being sued.

This is the reason why companies should employ lawyers who will handle their legal case. Employment laws have complicated provisions that can be understood only by competent and trustworthy lawyers.

Before terminating an employee, termination law attorneys will base their decision on the following guidelines:

The validity of the employee's explanation of their violation or poor performance must be evaluated. Remember, the employee must be allowed to defend themselves. There should be a fair and objective investigation about the matter. As much as possible, the committee tasked to investigate should not be bias in making their decision.

In making their decision, the company should see to it that it is consistent with the manner of solving previous violations by other employees. Fired employees follow the lead of their co-workers who have committed the same violation. If the employee sees that their employer is doing something illegal in handling the case, the former has valid grounds for suing the latter.

The company should consider other options aside from termination. It could send a precedent to other employees especially if the fired employee is one of the best employees in the company. Suspension can be another alternative to termination.

In serving the termination, the company should see to it that the rights of the employee have been protected. Civil laws supersede corporate rules. If the offense was done because the employee is following laws of the state, then the employer cannot reprimand the employee. Otherwise, they can be liable to the employee.

Wrongfully or unjustly firing an employee is a clear violation of state and federal laws. If you or your loved one has been terminated without cause, there are experts that can help you in making a claim against your boss. Termination lawyers knows what to do and can recommend the best course of action you can take.

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Employees' Legal Protection in California

The Hiring Procedures

Employers do have their prerogatives to hire only the most qualified job applicants for a particular position in their companies. However, as the federal law provides, it is definitely prohibited for them to make their decisions based on the traits and personality of an applicant that are not related in the job position.

.

.

.

The labor law provisions forbid employers to discriminate their employers according to their:

Race
Gender
Age
Marital status
Nationality
Religious affiliation
Disability

In addition, it is unlawful for a company interviewer to ask questions in relation with the applicant's marriage plans, number of children, sexual orientation and even his place of birth.

All the questions should be pointing to the applicant's capability and skills such as his former work and educational background, if applicable. Yet, in some cases, the interviewer may also determine whether the applicant has been convicted in any crime.

The Actual Employment

In California, workers are guaranteed of the following rights and protections:

It is the obligation of the employers to provide a safe and protected workplace for their employees. Hence, any injuries and harms incurred by their employees due to the presence of hazards in the workplace might considered as their fault and might result to lawsuits filed by the affected employees.

All employees are entitled of worker's compensation if ever they have died or sustained injuries in any accident involvement that are related to work. This is without even resulting to the filing of formal cases in court. The amount of remuneration would be based on the extent of the damage - whether partial or total, temporary or permanent.

Employers, along with other co-employees, are not supposed to perform unwelcome sexual advances in whatever form. Generally, women workers are the target of these malicious conducts.

However, some reports stated the occurrences wherein men have been the victims of sexual harassments.

Similarly, the employees are also protected against discriminative actions based on the classes stated in the hiring procedures. These include promotions, task assignments, wages and benefits, terminations, etc.

Therefore, it is indeed wrongful to terminate an employee without any valid reasons such as contract violations and poor job performance. All employers must also follow due process in discharging their workers.

Employees also have the privilege to utilize their 12 weeks of unpaid leave for the reasons stated in the Family and Medical Leave Act.

Filing a Lawsuit

For any of the aforementioned reasons an employee's rights has been violated, he is very much eligible to file his lawsuit against his ill-mannered employer.

However, due to the many intricate law provisions and procedures involved in pursuing a case, it would be advisable for him to consult a qualified California employment lawyer before proceeding with his case. This is also to make sure that his employer would not perform any acts of retaliation against him.

ARE YOU A FEMALE EMPLOYEE IN THE SF BAY AREA WHO IS BEING PAID ...

ARE YOU A FEMALE EMPLOYEE IN THE SF BAY AREA WHO IS BEING PAID LESS THAN A MALE CO-WORKER FOR THE SAME TYPE OF WORK? CALL DISCRIMINATION ATTORNEYS! :: San Francisco Employment Lawyer Blog.   Read more...

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Today, March 31, is Cesar Chavez Day - a California state holiday. In honor of Cesar Chavez's life and work, California declared March 31 to be a state holiday to promote community service. Cesar Chavez became a labor leader and civil.   Read more...

Wage and Hour - Los Angeles Garment Industry Businesses Fined ...

Sew - if you work overtime and don't get paid for it, the business you work for could be the next target of the Economic and Employment Enforcement Coalition (EEEC). The EEEC is California's watchdog and enforcer of California laws. ... about work conditions can call a toll free Information Hotline 1-866-924-9757 which provides information in both English and Spanish. For more detailed information visit the EEEC website or contact an experience employment law atto...   Read more...

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For more information about employees' legal protection in California, consult with reliable California Employment Lawyer

Can a prosecutor call a defendant's job and threaten to do a press release if the defendant isn't fired?

I was arrested over the weekend. When I went into work the next week, I was told by my boss that she received a call from "someone" who stated that I was arrested and that they were going to do a press release about it and name my current employment if I wasn't fired. I just found out that it was the prosecutor on my case who did this. Not only that, he also faxed my boss a copy of my charges and disclosed that I had a prior conviction over a decade ago. Can a DA do that? My position isn't one in which I have financial control or work with seniors or children so there is no danger to the public. The only thing that would be accomplished is I would lose my job and be unable to pay for my attorney. Can they do that? Is there somewhere I can get a copy of the laws governing DA's and their actions? This occurred in California

I don't think so. That's awful.

Ernest Tintorer on the 2008 California Employment Law Update

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CALGARY, ALBERTA--(Marketwire - 04/30/10) - TransCanada Corporation (TSX: TRP - News ) (NYSE: TRP - News ) (TransCanada or the Company) today announced comparable earnings for first quarter 2010 of $328 million or $0.48 per share. Net income applicable to common shares was $296 million or $0.43 per share. TransCanada's Board of Directors also declared a quarterly dividend of $0.40 per common ...
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When To Hire A Hostile Work Environment Attorney

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Employment Lawyers California

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days' end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It's a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It's a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60's and 70's, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts.

With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like 'going postal', it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management's failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim's behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It's estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management's wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth's homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as 'difficult.' His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

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Dietrich Elliot is a freelance writer, teacher and retired Los Angeles Personal Injury Attorney. He writes about Personal Injury Law as it pertains to Los Angeles, the city in which he lives. You can contact Mr. Elliot by emailing him at: DietrichElliot@aol.com.

Driving Harassment Cases Away From California

For complete information on employment law in California visit Employment Attorneys California

Workers and employees are sometimes involved in issues affecting the relationship with their employers. Sometimes, disputes are caused by violations of the law.

Sexual harassment, for instance, is one of the most common employment issues in California. These cases often haunt employers that have ill-treated their employees. Here, many workers come and work together also experience different discrimination and harassment charges that might be practiced by their employer.

Laws have been made to protect workers from unfair treatment and improper sexual advances made by employers. It covers discrimination, harassment, to whistle blowing charges.

There have been many sexual harassment cases in California that have ended with a proper compensation and there are those that are yet to be decided upon.

Sexual Harassment

There are many criteria that should be passed before an employee can say that he is harassed sexually by a co-employee or an employer. Here are some conditions that should be met in order for his or her ordeal is considered as a sexual harassment case:

Unwanted Sexual Advancement

Derogatory remarks about a person's physical appearance, and sexual activity

Assault or any physical interference with a person's job

Offensive gestures, drawings, or leering looks

It must happen in the work setting

What an Employee Can Do

Employees should know and understand sexual harassment so he could prevent it from happening in his workplace. Here are some of the things that the subject of sexual harassment can do in order protect himself from violators.

Strongly disapprove harassment

Learn more about his rights that may be violated

Call authorities about the harassment

The law strongly prohibits any form of retaliation against those who file sexual harassment and other charges against their employee. This would ensure employees that they cannot be terminated solely because of the said charges they filed.

Harassment Lawyers

If you feel that you have been harassed, you may call an attorney who can advice you of the things you can do and the legal actions you can take. They would also be able to help you in the following things:

Gather Documents
A lawyer can tell you the documents that you would need in your case and even help you acquire them. Documents would also include the ones you should accomplish in formally filing a charge.

Acquiring Testimonies and Other Proof
It is important that someone would be able to back up your claims. He may be a co-employee who have witnessed or heard inappropriate slurs and comments.

Assessing the Case
In assessing the case, he might be able to help you decide whether you would accept a settlement or not. He should also know if the case is strong enough or if you would need other evidence.

Estimating Damages
A lawyer can help you determine the amount of damages that you may demand from the offender.

Though there are many laws established, there are still sexual harassment cases in California that should be stopped. These cases affect the financial stability of both parties and would put the offender in shame. To prevent this, employers must be careful about their actuations near their employees.

To address the issue of sexual harassment in the workplace, the federal government has even offered to help employers by conducting workshops on how to handle situations that may lead to legal problems.

To prevent the occurrence of such incidents, you may also seek the help of an experienced lawyer who will provide with necessary legal information about the issue.

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To help you with sexual harassment and other employment discrimination cases, consult with our experienced employment attorneys . Visit our website and avail of our free case analysis.

Things To Do After An Illegal Termination

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Employment Lawyers California

People work to earn a living and to provide for one's daily needs. Generally, a worker is chiefly concerned with job security and protection. What most workers aspire is a work free from disputes and problems.

There are laws that assure these workers that they would be protected from unscrupulous business owners and employees who would take advantage of their position.

So, if you have been fired because of a non-work related reason of the employee, you can call Wrongful termination lawyers who will help you in filing charges and claims against the company.

Wrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason. However in cases where one is terminated from work because of reasons unrelated to his work, he may file a claim for wrongful termination against his employer.

Charges such as this have many complications for there are exceptions like 'employment at will' wherein it is presumed that the employee can terminate an employee anytime and that the employee may quit whenever he wishes to.

However, an employee can file for wrongful termination charges if he has evidence to prove that he is fired because of:

Whistle-Blowing
Whistle blowing is the term coined to illustrate a person who has exposed illegal and improper doings of the company that he works for. There is a law made to protect these whistle-blowers from illegal termination.

Discrimination
Discrimination in workplace is forbidden but there are still some who discriminate employees and terminate them solely because of their physicality. Here are some of the discriminations that an employee might experience in his work place.

-Racial Discrimination

-Age Discrimination

-Gender Discrimination

-Discrimination based on a Person's Religion

Harassment
There are employers who threaten workers with termination if they would not welcome his sexual advances. There are also those who are fired because they have filed charges against these employers. There are laws that protect these workers from employees who take advantage of his position.

Retaliation
Employees could not be terminated for any illegal or legal act that he might or might not have done. This would ensure that all facts would first be presented before cutting off the financial means of a person.

Refusal to Commit Illegal Acts
Workers could not be terminated if they have rejected any proposal to connive with an employee to do illegal activities. Law protects them from threats of losing a job for doing the right thing.

Seriousness of Wrongful Termination

Statistics show that wrongful termination is the leading reason for employment-related charges. It would require great amount of time and effort from both parties to prove their cases. So, employers must be very careful in their actions to save resources that a trial may cost them.

But, to save them time, employer and worker can both reach a settlement that would be beneficial for both of them. An out-of-court settlement approved by lawyers from both sides is practical and wise decision to make.

Things to Remember

If you are terminated from your job and you know that it is illegal, you can look for evidence that would support your claims. These pieces of evidence will strengthen and prove your case.

If you have issues or employment-related problems that ended in a wrongful termination, you need to immediately consult with someone knowledgeable with the issue, preferably an experienced employment lawyer.

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Our skilled Wrongful termination lawyers handle employment issues such as wrongful termination. To consult with them, visit our website and avail of our free case analysis.

When Should You Seek Advice From A California Personal Injury Lawyer?

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Employment Attorneys California

When you suffer personal injury through negligence, you need to seek the help of an experienced California personal injury lawyer. Some accidents that can be considered in this category include dog bites, motorcycle accidents, burn injury, brain injury claims and construction accidents just to name a few. Nursing home abuse also falls under this sector of the law. Any catastrophic injury is reason to consult a lawyer immediately.

Many people are injured on the job, and workers compensation can sometimes have long delays. Your expenses still go on, and even if you do receive your payments it may still be insufficient. Your attorney will make sure your expenses are covered, through meetings with your employer to make sure you are getting a fair assessment. If not, he will fight for you in court to make sure you are fairly compensated.

Many accidents are traumatic, and cause long term serious physical and psychological effects. Burn injuries can be especially devastating, because of the expanse of time it takes for healing, the scars that remain, and the staggering financial costs.

California personal injury lawyers understand California state laws, and what they can do to get their clients the compensation they deserve. Often, the circumstances behind hiring an attorney are caused by negligence and outright disregard by another person for the safety of the victim. Tragically, some accidents are caused by intentional misconduct.

If you become injured through the negligence of another, consulting a California personal injury lawyer is the first step you should take after seeking medical attention. An experienced attorney will help you decide if you have a claim, and if so help you get diagnostic tests to provide necessary information that could actually strengthen your case.

What are some other steps a good attorney will take? A dedicated lawyer will get involved from the minute you arrive at their office, and contact the insurance company if you need to get your vehicle repaired. They will also start the process for the injury claim, and make sure that you get the proper care to make a full recovery from your injuries to help alleviate future suffering.

When you decide to search for the best injury lawyer, there are a few characteristics that should help you make the right choice. Legal expertise, skill, professionalism and knowledge are a good foundation for choosing an attorney that will win your battle. You should also be provided with past testimonials or case results to ensure you are hiring a lawyer or attorney with expertise in their industry.

Most reputable lawyers will set up a free initial consultation, to make sure that you have a case. With their knowledge of the laws in California, they will use the facts to decide if your case is legitimate. They will also help you decide what a fair compensation would be for your injuries and other losses you have suffered such as vehicle, medical and lost work expenses.

If you have been injured through negligence, contact a California personal injury lawyer who has legal expertise in this field. Doing so will allow you to be compensated fairly for your pain and suffering!

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Joel McLaughlin Learn more about Los Angeles Personal Injury Attorney Learn more about Los Angeles California Personal Injury

The Employee's Right To Equal Treatment

For complete information on employment law in California visit

Employment Lawyers California

Los Angeles is a place where many businesses and companies are established, thanks to its accessibility and many amenities. Because of this, job positions are constantly filled out and so employment rates are continuously rising.

Because of the many people mingling and constantly reacting, it is inevitable that their differences in terms of culture, appearance, and personality would easily contrast.

These differences among employees and between their employers are sometimes taken advantage of and employees become subjects of discrimination and harassments.

Employees might feel threatened and aggravated but sometimes do nothing to end their ordeal as they are not aware of Los Angeles Employment Attorneys who can defend them and their rights against people.

Employment Laws

Employment laws are designed to protect workers against unfair treatment, discrimination and other work-related issues and disputes. For instance, discrimination, which is an act often committed by both employers and employees, is prohibited under state and federal employment laws.

Law violators and offenders have corresponding penalty and compensation to the aggrieved party in a discrimination case.

Kinds of Discrimination and Harassments

Not only are people of color and different ethnicity subjected to maltreatment in their workplace. There are varied acts of unequal treatment an employee may experience. Here are some of them:

Sexual Harassment

Often, workers may feel that they are harassed by people in their workplace who uses their position and advantages to make sexual advances.

Age Discrimination

There are those who consider people of age are more experienced and can perform better in a given task. However, there are employees who would deny aged employees of opportunities to work and prove their worth.

Racial Discrimination

It is not unusual that people of different race, ethnicity, and culture are still subjected to discrimination despite our modern times. This discrimination should not be practiced by anyone as there are laws that strongly prohibit any form of racism.

Sexual Preference / Orientation Discrimination

Preferences and orientation of workers in their sexuality should not be punishable by unequal treatment in employment. Everyone should not be afraid of expressing themselves as they might end up being jobless.

Results of Discrimination

People discriminated against sometimes feel that they are lesser person just because of their traits and personalities that they did not choose. The standards of living of these employees are also affected because of unnecessary problems at work.

Embarrassment

These workers are often subject of racial and hurtful jokes of his co-employees or employer.

Unequal Pay

There have been many cases wherein a worker who is being prejudiced receives lesser compensation for the services he had rendered to the company.

Lesser Job Opportunities

Workers are often rejected from jobs solely because of their looks and individuality. These people would have less or no job opportunities at all to provide for their daily needs.

Denied of Promotion

People who are treated unequally are not offered promotions that could boost their morale and would somehow raise their salary.

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To help you with employment discrimination and other related issues, consult with our expert Los Angeles employment attorneys. Log on to our website and avail of our free case evaluation.

[mage lang="" source="flickr"]california employment law firing[/mage]

How Do I Find Good Employment Law Firms in Los Angeles?

Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.

This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.

As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles’ employment law firms which specifically handle employment-related disputes.

Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.

How to Choose the Right Firm

Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.

In selecting a firm, several considerations must be taken into account. These are some of them:

1. Choose a firm that focuses on employment cases.

Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm’s concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.

2. Consider the firm’s financial and staff resources.

Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.

A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.

3. Select a firm that has top caliber attorneys in its list.

Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.

4. Check firm’s record of accomplishment.

Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.

Choose a firm with exceptional experience, expertise, and ample resources.

5. Select a firm that is committed to its clients.

Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.

A firm should also address its clients’ needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.

6. Choose a firm whose lawyer appears regularly before the judge.

Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.

Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to our website and have your case evaluated.

About the Author

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

San Diego Attorneys Pope Berger & Williams LLP

Getting Women Equal Pay As A California Women's Rights Lawyer Under The Fair Pay Act Of 2009

For complete information on employment law in California visit

Employment Attorneys California

Today, as a result of a bill signed into law by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still going to require the bravery of women willing to file a lawsuit seeking the equal pay they have unjustly been denied before employers may come to grips with the fact that they owe back pay to their women employees who have been discriminated against and that they can no longer get away with paying less money to women.

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, a bill that expands the time period allowed for lawsuits seeking back pay awards for the difference they women were paid and what men were paid for the same work from an employer.

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

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As a personal injury lawyer in Los Angeles, this is a question we get quite often. The answer is, it depends. Slip and fall cases, or trip and fall cases, are referred to as premises liability cases. Like most accident or injury cases, .... Justia Legal Marketing Blog (Ken Chan & Tim Stanley); California Employment Lawyer Blog (Fakhimi & Associates); Los Angeles California Tax Attorney Blog (Tax Lawyers Group); Sacramento Car Accident Lawyer Blog (Moseley Co...   Read more...

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A 2007 Los Angeles Times story also reported that a career prosecutor in the office of City Attorney Rocky Delgadillo received pressure from Delgadillo, in 2001, to drop criminal charges against Torres for an improper demolition of ... He produced documentation to prove his employment and his identity, and asked that his name not be published. During a two-hour, taped interview, he spoke candidly through an interpreter. He said he has never talked to law enforcers abo...   Read more...

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AGOURA HILLS EMPLOYMENT LAWYERS. Agoura Hills, California is a city in Los Angeles bordering Ventura County. A rapidly growing city, this town is both socially and ethnically diverse, with a large number of Hispanic Americans and ...   Read more...

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Depending in their inclination, some litigators in Los Angeles specialize in the area of mercantile law, civil law, criminal law, labor and employment law and constitutional laws. Some even appeared in International tribunals such as the International Courts of Justice, ... Our prestigious law firm houses some of the most competent litigation attorneys in Los Angeles. For free legal advice, fill out our case analysis form found in our website. Claysphere Rivera...   Read more...

MAN SUES HOOTERS FOR GENDER DISCRIMINATION :: Los Angeles ...

MAN SUES HOOTERS FOR GENDER DISCRIMINATION :: Los Angeles Employment Lawyer Blog. ... SANTA CLARITA, CA EMPLOYMENT LAWYERS Santa Clarita, California is the fourth largest city in Los... February 5, 2009 10:16 AM WOMAN DENIED JOB BECAUSE OF DRESS SUES FOR HARASSMENT: IF YOU’RE A VICTIM CALL A LOS ANGELES DISCRIMINATION ATTORNEY A female flight attendant is suing the airline she was... February 4, 2009 7:03 PM CALIFORNIA EMPLOYEES ABILITY TO SUE FOR RETA...   Read more...

By: R. Sebastian Gibson

Article Directory: http://www.articledashboard.com

Visit our website at www.sebastiangibsonlaw.com if you have an employment discrimination case involving unequal pay in CA. We have the resources to be your

Things To Do After An Illegal Termination

For complete information on employment law in California visit

Employment Lawyers California

People work to earn a living and to provide for one's daily needs. Generally, a worker is chiefly concerned with job security and protection. What most workers aspire is a work free from disputes and problems.

There are laws that assure these workers that they would be protected from unscrupulous business owners and employees who would take advantage of their position.

So, if you have been fired because of a non-work related reason of the employee, you can call Wrongful termination lawyers who will help you in filing charges and claims against the company.

Wrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason. However in cases where one is terminated from work because of reasons unrelated to his work, he may file a claim for wrongful termination against his employer.

Charges such as this have many complications for there are exceptions like 'employment at will' wherein it is presumed that the employee can terminate an employee anytime and that the employee may quit whenever he wishes to.

However, an employee can file for wrongful termination charges if he has evidence to prove that he is fired because of:

Whistle-Blowing
Whistle blowing is the term coined to illustrate a person who has exposed illegal and improper doings of the company that he works for. There is a law made to protect these whistle-blowers from illegal termination.

Discrimination
Discrimination in workplace is forbidden but there are still some who discriminate employees and terminate them solely because of their physicality. Here are some of the discriminations that an employee might experience in his work place.

-Racial Discrimination

-Age Discrimination

-Gender Discrimination

-Discrimination based on a Person's Religion

Harassment
There are employers who threaten workers with termination if they would not welcome his sexual advances. There are also those who are fired because they have filed charges against these employers. There are laws that protect these workers from employees who take advantage of his position.

Retaliation
Employees could not be terminated for any illegal or legal act that he might or might not have done. This would ensure that all facts would first be presented before cutting off the financial means of a person.

Refusal to Commit Illegal Acts
Workers could not be terminated if they have rejected any proposal to connive with an employee to do illegal activities. Law protects them from threats of losing a job for doing the right thing.

Seriousness of Wrongful Termination

Statistics show that wrongful termination is the leading reason for employment-related charges. It would require great amount of time and effort from both parties to prove their cases. So, employers must be very careful in their actions to save resources that a trial may cost them.

But, to save them time, employer and worker can both reach a settlement that would be beneficial for both of them. An out-of-court settlement approved by lawyers from both sides is practical and wise decision to make.

Things to Remember

If you are terminated from your job and you know that it is illegal, you can look for evidence that would support your claims. These pieces of evidence will strengthen and prove your case.

If you have issues or employment-related problems that ended in a wrongful termination, you need to immediately consult with someone knowledgeable with the issue, preferably an experienced employment lawyer.

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For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual ... Orange County Corrections Dept., No. 6:07-cv-588-Orl, 2009 WL 248230 (M.D. Fla. Feb. 02, 2009) at *2. The court held that plaintiffs could timely challenge demotions, which resulted in reductions in pay, that occurred 16 years be...   Read more...

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So argues Martin A. Shellist, attorney for Nikolai Grushevski, a citizen of Corpus Christi, Texas, who filed a gender-discrimination lawsuit after Hooters denied him a job as a server at the chain restaurant. .... In a real free-enterprise economy, there would be no Equal Employment Opportunity Commission (EEOC). Everyone in such an economy would have the opportunity to pursue their own dreams and enterprise without government interference. Ninos Malek teaches economi...   Read more...

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By: Ivonne Jade Agustin

Article Directory: http://www.articledashboard.com

Our skilled Wrongful termination lawyers handle employment issues such as wrongful termination. To consult with them, visit our website and avail of our free case analysis.

San Fernando Valley Employment Law Attorneys: On Asserting Employee's Rights

For complete information on employment law in California visit

Employment Lawyers Los Angeles

Assert your rights, from the time you are hired to the day you leave', as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.

Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.

As can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.

With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee's rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.

In this wise, the Attorneys would illuminate some basic knowledge regarding employee's rights, in these respects.

Employment Law and Employee's Rights

As a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen's compensation rights, right for f a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.

Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.

Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.

Asserting YOUR rights

Having all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.

Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes.

Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.

As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:

1.Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.

2.Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.

3.Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.

As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

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This is exactly what is happening in the case of Mazin Al-Nashi of San Diego, who was injured in August 2003 while working as a translator in Iraq. Mr. Tony Walker, AIG WorldSource's attorney (San Francisco, CA) is also helping these enormous corporations avoid the ... The questioning of Mazin Al-Nashi by these lawyers during a hearing on October 23 and 24, 2006 before Administrative Judge Gee was so brutal that Mazin ended up in intensive care shortly afterward. ...   Read more...

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The 20-something female victim, was crossing the street at a Pacific Beach intersection when she was hit by a vehicle turning left driven by a suspected drunk driver Alan Mabrey, 45, according to San Diego police Sgt. Bob Dare. ...   Read more...

By: Claysphere Rivera

Article Directory: http://www.articledashboard.com

San Fernando Valley Employment Law Attorneys: On Asserting Employee's Rights

For complete information on employment law in California visit

Employment Lawyers California

Assert your rights, from the time you are hired to the day you leave', as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.

Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.

As can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.

With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee's rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.

In this wise, the Attorneys would illuminate some basic knowledge regarding employee's rights, in these respects.

Employment Law and Employee's Rights

As a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen's compensation rights, right for f a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.

Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.

Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.

Asserting YOUR rights

Having all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.

Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes.

Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.

As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:

1.Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.

2.Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.

3.Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.

As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

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Spokeswoman Jan Caldwell of the San Diego County Sheriff’s Department reports that he was found on Tuesday in his friends home just a little north of San Diego, in Solana Beach. The source of the death still remains under the medical ...   Read more...

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SAN DIEGO CRIMINAL DEFENSE: OK FOR PROSECUTORS TO COMMENT ON DEFENSE FAILURE TO RETEST EVIDENCE :: California Criminal Lawyer Blog. ... They brush aside claims of attorney-client privilege (no communication from a client), Griffin (380 U.S. 609) error (OK to comment on the failure of the defense to introduce material evidence), and that the questions shifted the burden of proof to the defense. This is really, really bad and we're going to have to develop strategies to Read more...

By: Claysphere Rivera

Article Directory: http://www.articledashboard.com

How Do I Find Good Employment Law Firms In Los Angeles?

For complete information on employment law in California visit

Employment Lawyers Los Angeles

Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.

This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.

As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles' employment law firms which specifically handle employment-related disputes.

Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.

How to Choose the Right Firm

Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.

In selecting a firm, several considerations must be taken into account. These are some of them:

1.Choose a firm that focuses on employment cases.

Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm's concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.

2. Consider the firm's financial and staff resources.

Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.

A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.

3. Select a firm that has top caliber attorneys in its list.

Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.

4. Check firm's record of accomplishment.

Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.
Choose a firm with exceptional experience, expertise, and ample resources.

5. Select a firm that is committed to its clients.

Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.

A firm should also address its clients' needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.

6. Choose a firm whose lawyer appears regularly before the judge.

Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.

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Dmitry Gorin - Free Initial Consultation Top 5% US Law Firm: Former Los Angeles Prosecutors, UCLA Professor, Bar-Certified Criminal & DUI Specialists. We. ... Whether you are applying for asylum, facing deportation/removal, or seeking a temporary visa, citizenship or lawful permanent residency based on family relations or employment, we will provide you with the highest caliber of professional services. 1 (866) 491-0988 | 3550 Wilshire Boulevard, ...   Read more...

By: Mary Jean Kuda

Article Directory: http://www.articledashboard.com

Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to our website and have your case evaluated.

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Law schoo Q&A

How do I decide if I should go to law school?
I think I want to be an attorney. A lot of people in my family have been and I'm interested in intellectual property but I dont know if I should go to law school. Its a big commitment. I might fail. How do I decide? the most definitive.

How much do a lawyer make?
what are the differ kinds Different kinds of lawyers make very different salaries. For example, an assistant district attorney may make $30,000 when they are just starting out. A first-year associate at a large firm may make up to $140,000. But most students graduating from law school don't get that kind of job..

I made law review?
Am I justified in doing the following: Gloating to everyone I see? Calling people from law school to gloat? Going to the top of my apartment building and yelling about how great I am to people walking down below? Putting out an ad in the paper saying how much I rock? Legally changing my middle.

How would you rate Cooley Law Scool in Lansing, Michigan? How tough is it to succeed at this school?
Overall, I think Cooley is a good law school. The obvious draw back is that it doesn't have much national recognition or prestige, which translates to difficulty in obtaining certain types of legal employment (by which I mean the.

I am a mother of three wanting to go to law school. What kind of advice can you give me. Have you went?
I am in school, and have a job. I need a part time program so I can keep my day job. I am a single mother of two and I went back to school 1 1/2.

Is it hard to get a job in a major law firm right out of college?
I know that most of the lawyers in the big NYC firms are from Ivy League schools, but in firms in other major cities, can you just be at the top of your class in the local law school, and still get hired.

Is this a good idea for a major?
I am starting back school in the fall and I am majoring in psychology and my minor is going to be in buisness if I wanted to continue to law school would that be a good idea or would it be better for my minor to be in criminal justice or.

Judge Judy Is A.!?
i think judge judy is a total bi i mean seriously! im 13 and i wanna go 2 law school and i think shes a bad example she never lets anyone talk or get out there sentences! how can u solve a case without hearing the full story! i watched her 2day and she was.

Misdemeanor & Law School?
Hello, I was wondering if it was possible to get into law schools with a Misdemeanor Class B (Texas). I have turned in all the police reports and a statement about the incident to the law school. The incident happened 5 years ago. I plead guilty and recieved probation. I owned up to the mistake.

Need help legal filing a complaint in california?
I'm about to start my second year in law school and i'm helping my dad's attorney to help my dad bring some of his costs down. his attorney isn't really helping me out much and i've never seen or done one. please help. You can go to http://www.courtinfo.ca.gov/forms.law school .

I am looking for a sample personal statement for a law school application.?
I'm having a difficult time trying to compose a personal statement for an application, and I was wondering if anyone can assist me in finding sample personal statements. I would like to observe other personal statement to find trends, themes, etc. Thanks. I don't have a.

I am thinking about going to law school. What is the most difficult part about law school?
and are the extra years of schooling worth it? Getting into a good school and then actually getting good grades. There are some students who just 'get it' and are able to write like they want you to, then there are people.

i graduated from law school in 2004. i have not taken the bar? can i still find work in my field?
i can only seem to find admin or customer service work since i have not taken the bar exam. i am starting to really worry. what should i do to get legal employers to take me into serious.

I have always been interested in real estate and law. How does one prepare to become a real estate lawyer?
would like to know the path to become a real estate closing attorney? I have a B.S. in Information System but ready to switch gears. Thats easy, Tale the LSAT ( law school admissions test) Go to Law School.

Prestigious law school?
Hey. I need some suggestions for law schools. I have a 3.7 gpa or something like that. I want something that will wow my future employers. Hartfords a no-brainer, but what are some others? thx Remember that a law degree (J.D.) is a graduate degree. As you mentioned that you are now in the 10th.

What are the difficulties involved with starting my own small-town legal practice after law school?
Any suggestions/ideas/concerns? Have you been down this road/opened your own practice? Success? Failure. please elaborate. only the fact that you cant shake a tree with out half a dozen other lawyers falling out of it. but good luck on the business effort and law.

What do i have to major in to be a malprac. attorney?
im in high school and i was wondering what i have to major in before law school to be a malprac. attorney. thanks You can enter law school with a degree in just about anything. Pre-law, Criminal Justice, Political Science and even English. Go to college, take.

What is the best field of law?
I am thinking of law school and was wondering if anyone had opinions on which was the best field of law. For money? For fun daily work? For time with family? For most overall fullfillment? For travel? My husband is an attorney and he has friends in all areas of law. Most.

I love him, but he graduated and wants to leave?
My fiancee has recently graduated from college and has a good opportunity in a different state with his family. His uncle will give him a job, plus he can go to law school there. The thing is, he can't take me with him. He won't make enough money to.

i need to talk to some 1 who knows about the legal system?
I'm a law student and know quite a bit about the legal system. Or you can contact your local Bar Association. Or you could go to inquire at a local law school. Or find your own attorney. - good question - I'm an atty. What.

Where can I get a copy of shepard's citator system and west federal practice digest system 4th edition?
I need them for school, and I'd rather buy them cheap somewhere, quickly.or if there is a link to either or both online, so I don't have to go to the law library,,,,that'd be great. thx. Any law school library or.

Where I can find a free copy or online version of the California Style Manual (on legal citations)?
I am a recent law school grad who went to law school outside of California. While I am familiar with using the Bluebook and ALWD citation manuals, I know that the California Supreme Court has adopted the California Style Manual as.

Which is more taboo, being caught with alcohol underage or being caught with pot?
Which is seen as worse if you're applying for law school, having a count of underage drinking on your record or having a count of possession of marijuana? Which looks worse? Or is one worse than the other? Both are bad, but 'pot' is worse..

Why do lawyers in texas.?
have to continue going to school and getting education after they graduate from law school, and who enforces the law that makes them go back to school. Also if you know what website can i find ethics a lawyer must abide by online, and who also enforces good ethics with the lawyers? Any information.

Would a misdemeanor keep you from being accepted into law school?
My friend got an MIP and was charged with having a fake ID - he lives in Mississippi. He was planning on going to law school, how will this affect his chances? Having a misdemeanor itself would probably not be an automatic rejection. BUT, depending on how recently.

I want 2 go 2 go to a law school. which one should i go to?
I was looking at NYU, Michigin and Chichgo. I want to dubble mager in law and business management. First try a spelling school:) - the best one you can afford. im using that same principle for searching for a film school. - I've.

I want to become an transactional entertainment attorney..are there any out there that I can email for advice?
I would really love to interview one just to get a feel for the job. I know I want to practice in LA. I want to open my own entertainment company. I am having the hardest time getting into law school.

I want to go to law school 14 years after I graduated college with a BA in history. Is it too late?
This is a question on behalf of a friend. He wants to go back to school. I know there is a 10 year limit if you want to go back and get another bachelor's degree with the.

I want to go to law school, but I see that people go to college first. what is the best way for me to do this?
what are the best ways to go to law school. is it necessary to go to college first and what are admissions lookin for Almost every law school requires a bachelors degree before.

i want to major in law and computer engineering is it possible?
Yes, first you should earn a bachelors degree in electrical, mechanical, civil or computer engineering. These programs take four to five years. Then you can go to law school for three years to earn another bachelors degree in law, which is called a doctor of jurisprudence.

I was just excepted to law school, any suggestions on how to prepare, being that I dont have a law background?
I have no legal background, I have a Masters in Social Work, looking for preparation suggestions other people found helpful relating to advancing in course work. Thanks Honestly, Read no less than 100 pages per day, every day..

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

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Wrongful Termination in an “at-will” Employment

Generally, business establishments in Los Angeles, California practice the “At-Will” Employment policy. This means that one person can work for another for an indefinite period without signing any employment contract.

Without a contract, which would bide them, it is very hard to interpret and understand the conditions of one’s employment. In this setup, the employer has the prerogative of firing or terminating his employees at almost any time and at any cause. In the same vein, employees may leave the company at any time he desires without giving any valid explanation.

But this does not mean that employers can abuse the rights of the employees and that employees can abandon their jobs to the prejudice of their employers. The abuse of the employer’s power to hire and fire normally leads to Wrongful Termination.

Only few people, particularly here in California, know a thing or two about Wrongful Termination. The termination is considered wrongful when an employer lay-offs an employee in violation of the contract. Nevertheless, absence of a written contract does not preclude the court from ruling unlawful termination. But because California is considered as an “at-will” state, the presumption lies on at-will employment and not on contractual service. Yet the rule is not absolute. The policy also has exceptions. They are:

1. Unlawful Discrimination – employers are prohibited by law to dismiss employees because of their race, color, age or sex. This right is protected by the American Discrimination Act (ADA) of 1990.

2. Retaliatory Discharge – the boss cannot fire his employee simply because the latter has filed a grievance complaint or case against the former (whistle blowing); or even because he filed a leave or a claim for workers compensation. Employees are protected by law from this illegal practice.

3. Implied Employment Contract – if the employer promises continuous employment to the employee as long as he gets his job done perfectly and immediately, then the employer cannot simply fire his employee for flimsy reasons. There already exists a contract between the boss and his worker. This contract is not an express one but an implied and an unwritten one as a result of the promise given by him

4. Acts against public policy – such as sexual harassment and other illicit acts

Under these exceptions, there exists no valid and lawful reason for terminating an employee. Such instances would subject the employer to legal consequences.

How do we prevent Wrongful Termination?

• Know your Labor Laws. It never hurts to study laws concerning your employment. In fact, you will find it beneficial.

• Perform your job diligently and in a determined manner. Your boss would not want to lose a good employee.

• Be good to your boss and co-employees. Try to earn their respect.

• Kindly ask your boss if he could draft a written formal contract stating the terms of your employment.

• If you feel that you or a loved one have been wrongfully terminated, then you will need to avail the services of a good Los Angeles Wrongful Termination Lawyer who could defend you from the oppression and discrimination of your former boss

If you need assistance in employment issue such as wrongful termination, you can consult with our experienced wrongful termination lawyers. You can visit our website to avail of our free case analysis.

About the Author

Adriane Lauren Luna has fascinations for reading and traveling. She has always wanted to go places, learn about their history and culture, and meet different kinds of people. Every book read and every country visited, she considered it as one of her life’s conquests. Now she is at it again. She ventured into writing because she likes to think of it as another world unexplored.

David Pierce & Jeff Weiss, America's Premier Lawyer Series.

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If Kennedy is a swing vote then why did Justice Kennedy side with the conservatives in 11 of 16 cases?

That sure is one broken lopsided swing 0-o-0

Obama will start to soon realize that Justice Kennedy is more powerful than Obama is.

Responding to the Economic Crisis, Breaking it Down, Steve Williams

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Employment: Forum directed at small farms; poll: hiring up for restaurants
The Sonoma County Farm Bureau will be hosting a free labor and legal requirements seminar for small farms in late May.
Sacramento Employment Contractors California Staff Link

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Where can I find information regarding CALIFORNIA LABOR LAW?

Where can I get information about employee rights under California Labor Law and a good Employment Lawyer in Los Angeles? I have questions about wage and hour law, wrongful termination, class action and employment discrimination.

LAW OFFICES OF RAPHAEL A. KATRI
http://www.SoCalLaborLawyers.com
(310) 940-2034

They offer a FREE Initial Evaluation and take some cases on Contingency. They handle:

Class Actions
Overtime Claims
Misclassification
Wrongful Termination
Retaliation
Discrimination
Hostile Work Environment

Age Discrimination in Employment Act
ADA
Disability Discrmination
Discrimination Cases
Diversity in the Workplace
Drugs and Alcohol in the Workplace
Employee Benefits
Employee Privacy Rights
Employment Contracts
Equal Employment Opportunity
ERISA
Family and Medical Leave Act
Harassment Claims and Investigations
Non-Compete Agreements
Occupational Safety and Health Law
Personnel Policies
Plant Closings and Reductions in Force
Retaliation Claims
Sexual Harassment
Unfair Labor Practices
Unemployment Claims
Wage and Hour
WARN Compliance
Sexual Discrimination
Sexual Harassment
Pregnancy Discrimination
Race Discrimination
National Origin Discrimination
Age Discrimination
Religious Discrimination
Sexual Orientation
Family and Medical Leave
Employment and Severance Agreements

Los Angeles Employment Lawyer James (JJ) Johnston

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Aragon jumps into tie for second in PAL Bay baseball
Sam Tuivailala's two-hit, 14-strikeout effort leads Dons to a sweep of Carlmont.
Prop 8: The Web Series- Episode 4 - Murder

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US Women Leaders: Keep Iran Off UN Women's Rights Commission
Follow Israel news on and . A nationwide campaign has been launched in the United States to urge Secretary of State HIllary Clinton to denounce the election of Iran to the United Nation's commission on the Status of Women.
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Business Law Question?

The plaintiff and the defendant entered into a two-year oral contract concerning a management employment position in an automobile dealership in Hawaii. The plaintiff, relying on the oral promises of the defendant, moved to Hawaii from California. After being employed for 2 months, the plaintiff was released from employment. He sued the defendant, who raised the defense of the statute of frauds.
Outcome ? Discuss what is the statute of frauds and if it applies. Even if we can’t sue for breach of contract, is the employee out of options? Discuss both the Statute of Frauds and Equitable Remedies

statute of frauds, promissory estoppel, part performance.

Overtime Exempt Part 3: The Executive Exemption

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When Does a Sexual Harassment Exists in Employment

In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.

Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.

To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.

What are the acts that can be considered as sexual harassment?

First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.

Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.

Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.

Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims.

There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.

Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.

Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.

Damages resolvable in sexual harassment in the workplace

Sexual harassment victims’ resolvable damages differ greatly between California and Federal law.

California and Federal law gives recovery for the following damages:

•    Lost wages
•    Future loss of wages
•    Emotional distress,
•    Punitive damages
•    Attorney’s fee

Federal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.

There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.

In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.

Recommendation
Finally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.

To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.

Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations . For expert legal advice and representation, log on to our website and contact our law office.

About the Author

Before becoming a writer, Janice spent her time reading a lot of educational books. From this hobby, she soon discovered her passion for writing and took up Journalism. She became a paralegal writer, and worked as an editor/columnist to a magazine specializing on government and business affairs. Later on, she evolves herself into a legal writer of a famous Los Angeles based law firm.

Workplace Sexual Harassment (Equal Rights 101)

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Fitness center laws in california?

Do you have to be 18 to work at a fitness center?
My parents are the managers of one and theyre considering buying it from the owner. If I have CPR and AED training and everything is it legal for me to work at the front desk? I cant seem to find a website on CA Fitness Center Regulations, but CA's Minor employment laws seem to say its okay. Its not like a hazardous environment or anything.

Shouldn't be a problem for you.

Biola MOL presents "Changes 2009", CA labor law update

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Employment Law - Unfair Dismissal And The Workplace Relations System

The Federal Government has announced widespread changes to the Australian workplace relations system, by relying upon one of the heads of power under the Australian Constitution, namely the Corporations Power. This allows them to make laws with respect to Australian companies including constitutional corporations. It is their stated desire to have one set of laws governing workplace relations for the whole of Australia. Effectively where this is not possible the Australian Government wishes to see the states freely give up their powers in this area and refer them to them. This legislation deals with fair pay, workplace agreements, termination of employment, the role of various institutions, strike action, award simplification, further limits on union power, the rules governing entitlements of employees on transmission of business and the role of workplace inspectors.


Previously the area of employment law and more particularly that of unfair dismissal was governed in NSW by both the NSW Industrial Relations Act and the Federal Workplace Relations Act. In summary, remedies available under both Acts are almost identical in respect of unfair dismissal, constructive dismissal and unlawful termination. One of the major differences was where claims were brought under section 106 of the NSW Industrial Relations Act which allowed for unfair contract claims to be brought in circumstances similar to those which existed for unfair dismissal. In January 2005 there was a major change made to the Federal Workplace Relations Act which brought into play new sections which deal with the rights of independent subcontractors to bring claims based on unfair contracts.


The essential difference was that section 106 dealt with strict employment contracts whereas the Federal Workplace Relations Act only provided protection to independent contractors. As of 27 March 2006 there has been a fundamental change with the new Workchoices legislation coming into effect. Businesses with up to 100 employees will be exempt from unfair dismissal claims whereas larger businesses will not. That said, bigger businesses are afforded a greater protection due to the extension of the probationary period for new employees from three to six months. This provides these larger corporations with the opportunity to get to know their employees better before deciding whether to keep them or not. Employees terminated during this period will not be able to bring unfair dismissal claims even where they have been made redundant. Constructive dismissal claims are available in very limited circumstances and unlawful termination claims remain including discrimination on the basis of race, colour, sex, pregnancy and disability.


In Victoria the Kennett Government referred its power in the Industrial Relations environment to the Federal Government some years ago. In short all Victorian and territory businesses are covered under the new system because of this referral and not because the Federal Government is relying upon the corporation's power. All employees of constitutional corporations are covered by the system including all corporate businesses in all other states. According to the Federal Government approximately 85% of all businesses will be picked up although there is agitation by a number of state governments to prevent this occurring. There is little doubt that all unincorporated businesses will fall outside the system because they are not corporations.


Although these changes are supposed to lead to a simplification of the system this has not in fact occurred. There is a dual system operating both federally and within some states. Although corporations will be picked up, sole traders, partnerships and trusts will not, including doctors, farmers and some sporting groups to name but a few. In some cases the disenfranchised will be able to bring actions for breach of their employment contract and perhaps under the Trade Practices Act. All employees, irrespective of size of the business will no longer have the opportunity to plead that they have been unfairly treated and selected for redundancy.

About the Author


Frank Egan is the Chief Executive Officer of
LAC Employment Lawyers Sydney
and has over 27 years of experience as a lawyer.

Tax Law Attorney Rob Wood "IRS Speaks Out on Employment Lawsuit Settlements"

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Employment Law in Ohio?

Can a perspective employer ask a former employer about the potential employee's work performance at that job? Or are the only able to ask if the person worked there, for how long, the pay, and what their duties were? What are the things that employers can not ask or disclose to other employers about the employee

Yes. The rule is that you should not ask about things that are legally protected such as age, race, religion, height, weight, sex, etc... Basically, you can ask any question that is relevent to the prospective job and that does not violate the legal rights of the person that could be considered discriminitory. However, just because you can legally ask the question does not mean that the other employer is legally obligated to provide you with an answer.

If the employer is an Equal Oportunity Employer (EOE) any questions pertaining to legally protected classes of people are irrelevant since they cannot be used as a basis for determining employment. Be very careful asking these types of questions because if that employee is subsequently not hired they may slap a discrimination suit on you if you used any protected information in your decision (or even if you didn't but it appears that you did.)

Electronic media: Employers use credit scores

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LOS ANGELES EMPLOYMENT LAWYERS - Which Lawyer is the Best?

Which LOS ANGELES EMPLOYMENT LAWYER is the best? I need information regarding CALIFORNIA LABOR LAW and Regarding: WRONGFUL TERMINATION, WAGE AND HOUR LAW, CLASS ACTION LAWSUITS, EMPLOYMENT DISCRIMINATION.

LAW OFFICES OF RAPHAEL A. KATRI
http://www.SoCalLaborLawyers.com
(310) 940-2034

Los Angeles Employment Lawyers Specializing in California Labor Law:

Class Actions
Overtime Claims
Misclassification
Wrongful Termination
Retaliation
Discrimination
Hostile Work Environment

Age Discrimination in Employment Act
ADA
Disability Discrmination
Discrimination Cases
Diversity in the Workplace
Drugs and Alcohol in the Workplace
Employee Benefits
Employee Privacy Rights
Employment Contracts
Equal Employment Opportunity
ERISA
Family and Medical Leave Act
Harassment Claims and Investigations
Non-Compete Agreements
Occupational Safety and Health Law
Personnel Policies
Plant Closings and Reductions in Force
Retaliation Claims
Sexual Harassment
Unfair Labor Practices
Unemployment Claims
Wage and Hour
WARN Compliance
Sexual Discrimination
Sexual Harassment
Pregnancy Discrimination
Race Discrimination
National Origin Discrimination
Age Discrimination
Religious Discrimination
Sexual Orientation
Family and Medical Leave
Employment and Severance Agreements

Los Angeles Discrimination Attorneys CA Equal Employment Law

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Common California Labor Law Violations - Know Your Rights!

The purpose of California labor law is to protect employees from being taken advantage of by their employer and to ensure a common standard of living and or working. The United States and California have both come a long way since the Industrial Age when children worked alongside their parents 7 days a week, and often 12 to 14 hours per day without breaks. Today California labor law is designed to regulate everything from wrongful termination of employment to wage and hour compliance, with the latter being commonly referred to as California overtime law.

Some of the most common misconceptions regarding California overtime law revolve around how overtime is actually calculated. Often workers are under the impression that any hours over 40 in a week are considered overtime. While this is correct, it is not the entire truth either. California overtime law mandates that for every hour worked over 8 hours in a day and 40 hours in a week, the worker is to be paid one and a half times their regular rate of pay. Time and again, employers will try to avoid paying overtime completely by attempting to place the employees on salary, otherwise known as “exempt from overtime.” Fortunately for California employees, California labor law is quite specific when authorizing what jobs can be considered salaried, or “exempt from overtime pay.” The most important thing to remember is that exemption status is determined by the actual work or duties performed by the employee and not by the job title given to them by their employer. The best way to be certain you have not been misclassified as salaried exempt, is to contact a California labor law attorney to discuss your job duties.

An experienced California labor law attorney is also able to help determine if you have a legitimate claim involving improper meal and break periods. Most California workers are aware that California labor law requires a half hour lunch break. However, California labor law does require that this break be uninterrupted and be taken within the first 5 hours of a shift lasting at least 6 hours. Additionally, if the employee works a “10 hour day” then he/she is entitled to a second half hour, uninterrupted break. The law also states that for every 4 hours an employee works he or she is required to be provided a “10 minute uninterrupted break.”

Contacting a California labor law attorney can also be instrumental in proving a wrongful termination of employment claim. There are a number of factors that may constitute a potential claim for wrongful termination of employment. For example, if an employee feels they were terminated because he/she reported an employer’s safety violation, a potential case may exist for wrongful termination of employment based on retaliation. To cite another example, an African-American employee is told that he is being let go because of downsizing, only to discover later that the employer has immediately hired a Caucasian replacement for his exact position. This may very well constitute a wrongful termination of employment based on race.

The bottom line is that California labor law was designed to protect the California worker. If you suspect that your rights under California overtime law have been violated, or you believe you may have a claim for wrongful termination of employment, it may be wise to retain a skilled California labor law attorney to discuss your legal options. Remember that “knowing your rights” is just the start to insuring that the California labor laws designed to protect you are effective. You may be entitled to recover your wages, or your job, or both!

About the Author

Lars Vheltzer is a freelance journalist who comments on California labor law and California overtime law. Lars suggests that employees who are suffering from an employer abuse of these laws should consider retaining a California labor law attorney.

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Anaheim, Ontario and Rancho Cucamonga Attorney Advises Employers How to Protect Themselves Against Employee Threats of Lawsuits

As a San Diego, Orange County and Palm Desert employment attorney, even with all the advice given to employers about being politically correct with their employee relations in Newport Beach and Huntington Beach, even with news stories in Anaheim and Irvine, legal verdicts in Santa Ana and Indio, and comedy routines on the television in Los Angeles, and San Diego, employers on occasion still do the stupidest things to or with their employees in California.

At the same time, there are now employees out there, probably in Anaheim, Ontario, Rancho Cucamonga, Long Beach, Riverside, Chula Vista, and perhaps in Huntington Beach or Laguna Beach, who are thinking about using the law to their advantage to extort money from their employers.

This type of extortion can happen whether your place of business is in Palm Springs or Palm Desert, La Jolla, Del Mar, Carlsbad, El Cajon or anywhere else in San Diego, in Mission Beach, Yorba Linda, Garden Grove, Fullerton, Irvine or anywhere else in Orange County and even in cities such as Fullerton, Moreno Valley, San Bernardino, Fontana, Temecula and not just in major cities like Los Angeles, San Luis Obispo, Ventura, Oxnard or Santa Barbara.

The scenario goes something like this. The employer is threatened by an employee that unless he pays a certain sum of money, the employee will go to the police and to a lawyer telling them that the employer demanded sex in return for either continued employment, a better job, or some other advancement.Unless the employer pays, he will be faced with certain embarrassment, damage to reputation and business, horrendous legal fees that he is almost certainly not insured against, and perhaps damage to a relationship at home. Extortion, plain and simple.

Add these facts and it becomes even worse. The employee has been a model employee for years. The employer has never had to issue the employee with a warning letter. The employee has consistently received raises and bonuses. If the employer attempts to now construct a different picture of the employee as a conniving extortionist, it will not be believed.

Is there anything an employer can do to protect himself against this scenario? Yes.

Employers can purchase Employment Practices Liability Insurance. It is available through most insurance agents yet few employers are either told about it or purchase the coverage.

What EPLI does, is insure the employer against claims of sexual harassment, sexual, racial, age, and other types of discrimination, wrongful termination and any number of other employment claims such as the "hostile environment" claim that forces an employee to quit. And then sue.

Having such insurance also provides for legal defense of the employer. Legal fees in an employment discrimination case can easily reach $50,000 within months, and well over $100,000 in litigation that lasts years as it often does.

While employment lawsuits often settle either prior to or in the course of litigation, it only takes one lawsuit for an employer to realize how much better it would have been had he purchased Employment Practices Liability Insurance at a premium cost of a few thousand dollars a year.

If you don't have this type of insurance when this type of scenario plays out, or haven't been able to buy it, the damage to your reputation can still be limited with a strong and vigorous defense by an employment attorney. Just because this type of allegation is being made against an employer doesn't mean that the media will automatically run with the story, especially when you have an attorney stating that the allegations are without any basis in fact (if that is indeed the case).

If someone has made a threat to sue you for an employment related claim, don't wait until you've been sued to contact an employment lawyer.If you have an employment law issue in San Diego, Long Beach, in San Diego, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Anaheim Employment Lawyers, and Orange County, San Diego and Ontario Employment Attorneys. For this reason, be sure to hire a California law firm with employment lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Quinta, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.

If you have an employment law issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

About the Author

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have an employment legal matter of any kind. We have the knowledge and resources to represent you as your Ontario Employment Lawyer and Anaheim Employment Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.

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Finding employment in New York City?

I'm going to graduate from the University of California, Berkeley soon with double degrees in Economics and History. My ultimate goal is to go to law school, but I want to work on the East Coast for a couple years.

NYC isn't a place for someone that doesn't know what they want to do already. You really better decide that before you even think about living there, or at least get an open return ticket home.

Your degrees only suggest teaching or secretarial work. If you have a solid background using computers, you might be able to fluff your resume enough to find work as a Technical Writer, but you better be able to do the work.

If you really want to go to law school, get some work in the legal field. Title research, secretary, process server, government offices, something in the field, and if you're lucky, close to what you want to do with a law degree.

You'll be better off for now taking the work you want and accepting the place it is found than deciding you want to be in a given town and taking the work that's available, especially if that town is NYC.

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EMPLOYMENT LAW BASICS FOR HAWAII EMPLOYERS: ILLINOIS RULING HIGHLIGHTS THE IMPORTANCE OF POLICIES AND TRAINING TO HAWAII EMPLOYERS

EMPLOYMENT LAW BASICS FOR HAWAII EMPLOYERS:  ILLINOIS RULING HIGHLIGHTS THE IMPORTANCE OF POLICIES AND TRAINING TO HAWAII EMPLOYERS  

It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with "immediate (or successively higher) authority over the employee."  However, in cases where the employee does not suffer a "tangible employment action," such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages.  

Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence.  Also important is effective supervisory training and training of employees on the harassment policy and complaint procedure.

Training and educational programs for all employees take on an even higher degree of importance under Hawaii state law, HRS Chapter 378.  State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors. 

While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision upheld a Illinois Human Rights Commission ruling addressing a regulation similar to the HCRC’s--that an employer was strictly liable for a supervisor’s harassing conduct under Illinois state law even though the supervisor did not even have direct supervisory authority over the Complainant.

The April 16, 2009 Illinois decision will certainly be persuasive authority to a Hawaii Supreme Court faced with interpreting the HCRC’s regulation.  Accordingly, it is critical that Hawaii employers understand the importance of having an effective policy and company-wide training program on not only a defense to a sexual harassment claim, but prevention.

I.          The Importance of Having an Effective Harassment Policy

A.                The Faragher/Ellerth Defense

Having an effective sexual harassment policy and training program will greatly increase the chance of avoiding liability under the affirmative defense for sexual harassment claims recognized by the U.S. Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (“Faragher”) and Burlington Industries v. Ellerth, 523 U.S. 742 (1998) (“Ellerth”). 

Where alleged harassment by a supervisor does not culminate in an adverse (“tangible”) employment decision, the employer may avoid liability by showing that: (1) the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and (2) the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm.  "A tangible employment action constitutes a significant change in employment status such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits."  Ellerth, supra.

The importance of the Faragher/Ellerth defense was significantly increased by the U.S. Supreme Court's decision in Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

A zero-tolerance harassment policy must fit the environment and employees.  The Ellerth court stated:

While proof that an employer had promulgated an antiharassment policy with complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when litigating the first element of the defense.  The policy should be written in plain English, so that all employees regardless of their educational level or background can understand it ... [a] policy should include a clear and precise definition of unlawful harassment so that employees know what type of conduct is prohibited by the policy and will be able to recognize that conduct should it occur.

Accordingly, if the alleged harasser has supervisory authority over the victim, the employer will be held automatically liable for any harassment committed by the supervisor unless the employer is able to successfully raise the affirmative defense. 

B.        Tips On Drafting a Zero-Tolerance Policy and Complaint Procedure. 

(1)               Write in simple English.

(2)               Include a clear definition and examples of prohibited conduct and make it broad enough to prohibit all forms of harassment.

(3)               State the company’s "zero-tolerance" philosophy in the policy regarding all forms of harassment,

(4)               Designate at least two specially trained managers who will be responsible for investigating harassment complaints for the company. 

(5)               Determine the complaint procedure that will be used to investigate complaints of harassment by supervisory employees, co-workers and outsiders. 

(6)               Provide a "clear chain of communication," allowing employees to step outside of the normal hierarchy in the event the supervisor is the harasser and consider having a toll-free number employees can call.

(7)               State that employees who report prohibited conduct will be protected from retaliation.

(8)               State that the employer will promptly investigate the matter in an objective and discrete manner.

(9)               Provide the form of disciplinary action to which offenders can expect to be subjected.

(10)           State that the employer will also take remedial action.

(11)           Train your management employees and line employees on the policy and procedure. 

(12)           Have each employee sign an acknowledgment form that they have received a copy of the policy and procedure, and that they have received training on the harassment policy. 

C.        The Faragher/Ellerth Defense and Hawaii Law

Like Title VII, the Hawaii Employment Practices Act prohibits discriminating against individuals in virtually all aspects of employment.  However, it remains an open question whether an employer, under Hawaii state law, can assert the Faragher/Ellerth affirmative defense. 

Currently, under regulations promulgated by the HCRC, the state agency charged with the enforcing and interpreting Hawaii’s Employment Practices Act, strict liability would apply to a supervisor’s harassment of a subordinate regardless of whether tangible action is taken:

§12-46-109 Sexual harassment.

(a)        Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:

(1)        Submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

(2)        Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or

(3)        That conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b)        In determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

(c)        An employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acted in either a supervisory or agency capacity.

(d)       With respect to conduct between employees, an employer shall be responsible for acts of sexual harassment in the workplace where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. An employee who has been sexually harassed on the job by a co-worker should inform the employer, its agent, or supervisory employee of the harassment; however, an employee's failure to give such notice may not be an affirmative defense.

D.        Problem Areas for Employers

* Inadequate complaint procedure

* Failure to disseminate policy

* Employer on notice of harassment

 * Failure to promptly investigate

 * Failure to take appropriate disciplinary action

 * Failure to apply it even-handedly

 * Failure to review and revise when necessary

 * Failure to provide training

E.         Illinois Supreme Court Decision a Foreshadowing of Hawaii Law?

In Sangamon Cty Sheriff’s Dep’t v. The Illinois Human Rights Comm’n, Nos. 105517, 105518 cons. (Ill. Apr. 16, 2009), decided on April 16, 2009, the Illinois Supreme Court gave the HCRC direct support of the HCRC’s own interpretation of HRS Chapter 378.

The Sangamon decision holds Illinois employers strictly liable for sexual harassment by any of their management or supervisory personnel, and, as noted by the dissent, “imposes a standard of liability which appears to be without precedent in any jurisdiction of the United States.”

In that case employee Feleccia filed a sexual harassment claim against employer Sangamon County Sheriff’s Department and Ron Yanor, who was a supervisor, but was not Feleccia’s direct supervisor.  The Illinois Human Rights Commission ruled that the Sheriff’s Department was strictly liable for Yanor’s conduct under the Act because Yanor was a supervisor. The Illinois appellate court reversed, and Feleccia and the Commission appealed to the Illinois Supreme Court.

The Illinois Supreme Court reversed and confirmed the Commission’s decision. In a 4-2 ruling, the Illinois Supreme Court agreed that the Sheriff’s Department could be held strictly liable in such circumstances.  The basis of the decision was the plain and ordinary meaning of the statute, which states that “an employer shall be responsible for sexual harassment of the employer’s employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.”

According to the Court, the statute is unambiguous” and only excludes “nonemployees” and “nonmanagerial or nonsupervisory employees” from its strict liability standard.  As such, the Court found “[t]here is no language in the Act that limits the employer’s liability based on the harasser’s relationship to the victim.”  The Court rejected the employer’s argument that federal case law should apply to the case.

II.        The Importance of Conducting EEO Training

Of course, in Hawaii the HCRC has merely interpreted HRS Chapter 378’s statutory language to impose strict liability for supervisory harassment.  Unlike the Illinois statute interpreted by the Illinois Supreme Court it is reasonable to argue that Hawaii statutory law is ambiguous and not straightforward. 

Nevertheless, the HCRC is charged with the interpretation and enforcement of HRS Chapter 378 and it does not bode well for Hawaii employers that another state’s high court is willing to impose what some would consider harsh penalties on the employer defendant.  Accordingly, employers in Hawaii should redouble its efforts to train supervisors AND employees regularly on preventing discrimination and harassment in the workplace.  Training should include the consequences of violating company policy.

Training employees reduces the likelihood that inappropriate conduct will be engaged in or tolerated at a level that can create a hostile environment.  See Arquero v. Hilton Hawaiian Village, 104 Hawai’i 423, 91 P.3d 505 (2004) (coworker pinched buttocks of the plaintiff on two occasions); Nelson v. University of Hawai’i, 97 Hawai’i 376, 38 P.3d 95 (2001) (verbal harassment).

Second, in the event that inappropriate conduct takes place, employees who are offended will be substantially more likely to use the employer's complaint procedure, thereby permitting the employer to remedy the situation and avoid having a lawsuit filed against it.

Lastly, training is a tool for prevention and reducing the potential of supervisory harassment.

A.        Training as a Tool for Prevention

The EEOC's Policy Guidance on Sexual Harassment states:

An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedure. Periodic training of those individuals can help achieve that result.  Such training should explain the types of conduct that violate the employer's anti-harassment policy; the seriousness of the policy; the responsibilities of supervisors and managers when they learn of alleged harassment; and the prohibition against retaliation.

The HCRC regulations state that “prevention is the best tool for the elimination of sexual harassment.  Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.”  §12-46-109(g).

As part of its settlements against employers, the EEOC and HCRC have chosen mandatory training as one of its primary responses through the use of consent decrees requiring organizations to conduct training and ensure policy compliance.

In 2004, the California Legislature passed Assembly Bill 1825, requiring all employers with fifty or more employees to conduct compulsory sexual harassment training for all of its supervisory employees by January of 2006, thus supporting the EEOC and HCRC’s position that training and education is the best tool for prevention.  Under the California law, the training must re-occur every two years, and all new supervisors brought in after the original round of training must go through the program within six months of their arrival. 

Managers who are aware of the implications of sexual harassment may be less likely to take official action they realize will create vicarious liability for the organization - this may preserve the employer's right to the Faragher/Ellerth affirmative defense in a case of constructive discharge.  Further, managers who are aware of how to proceed with complaints from employees about harassment are more likely to intervene with an appropriate employer response thus making a stronger showing under the first prong of the Faragher/Ellerth affirmative defense.

Finally, as noted throughout this article training can be an effective tool to combat inappropriate behavior by supervisors and to reduce risks under state law—especially to the extent it is interpreted similar to the Illinois Supreme Court’s decision.

B.                 Training and the Faragher/Ellerth Defense

Conducting training will greatly increase the chance of avoiding liability under the Faragher/Ellerth affirmative defense.  The importance of this defense was significantly increased by the Suders decision, which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

The training of rank and file employees should be documented and if it is to be conducted on a regular basis, can include a certification by the employee that he or she has not been subject to any policy violations since the last training.

C.        Training and Damages Issues Under Hawaii Law

Generally, individuals cannot be found liable for violations under federal law.  Under Hawaii law, however, courts may award unlimited punitive and compensatory damages. 

Significantly, unlike under Title VII individuals can be held liable for violations of Hawaii’s Employment Practices Act.  See HRS §378-1 (defining “employer” to include “any person”) and §378-2 (3) (making it unlawful for any “person” to “aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so.”); Schefke v. Reliable Collection Agency, 96 Hawai’i 408; 32 P.3d 52, 93-94 (2001) (holding individuals may be found liable under Hawai’i Employment Practices law).

Thus, training employees may alert them to the financial risks they take when they engage in behaviors prohibited by Hawaii law.

D.        Training to Reduce Exposure to Punitive Damages

In Kolstad v. American Dental Association, the Court held that "in the punitive damages context, an employer may not be vicariously liable for the discriminatory employment decisions of managerial agents where these decisions are contrary to the employer's 'good-faith efforts to comply with Title VII.'"  Accordingly, compliance efforts are both necessary and sufficient to avoid liability for punitive damages.

Roman Amaguin, Esq.; http://www.virtualhawaiiemploymentlawyer.com; http://www.amaguinlaw.com

About the Author

Roman Amaguin, Esq. is a employment law lawyer in Hawaii who also regularly practices in the areas of labor law and civil litigation. Mr. Amaguin regularly appears in regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission. He understands now is the time for the legal profession to reconsider the manner in which it provides services to the community. Accordingly, flat rate projects and other alternative fee arrangements are always explored with his clients.

Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims.

Visit his website at www.amaguinlaw.com

Workplace Sexual Harassment-Spanish (Equal Rights 101)