NEW MINORITIES?
Teens in the Workforce Truth be told, I have wondered “Why don’t more kids have jobs these days?” Maybe the problem isn’t their lack of interest but the discriminating workforce. The EEOC has upped their interest and response to issues for young workers. The launch of a new initiative called Youth@Work Initiative, was created to help educate students in the workplace with regards to their rights on the job, as well as their responsibilities. As part of this new initiative the EEOC invited representatives of the teen community to participate in open discussions with leadership to help find solutions to the discrimination and mistreatment teens face at work. The renewed efforts to help young workers were integral in winning a $1 million settlement of a wide spread sexual harassment suit against the owner of McDonald’s for failing to stop the harassment of female workers some of whom were teen workers. Speak Like and American? Speech discrimination Though this country was founded by immigrants we still seem to some prejudices in the work place when it comes to the way an employee speaks. Perhaps it is a problem that stems from the anger over jobs being outsourced to other countries and putting Americans out of work, or wondering whether or not a worker is legally here. The EEOC is fielding increased complaints of national origin discrimination. Since 1997 these complaints have increase more than 75%. The case of FedEx driver Ismail Aliyev shows this type of discrimination loud and clear. The suit filed sited that Aliyev was fired for his Russian accent. They claimed that his English though understandable was a concern. If you are facing discrimination at work you need help NOW! Call United Employees Law Group today and get your free and confidential case review. Photo Credit: Shutterstock/Monkey Business Images (2)
The EEOC has Been Busy!
The last couple years have been very busy for The EEOC (Equal Employment Opportunity Commission). With new and expanding issues such as social media passwords issues, domestic violence reports, and new rights and discussions for the LGBT community. The strides taken for equality of same-sex partners and the effect of ObamaCare mean changes in the employment world. The laws surrounding employee rights is ever changing, but we strive to have the most comprehensive knowledge of California employment laws. The EEOC now has a new Strategic Enforcement Plan (SEP), this plan gives directive for the top six issues which will take priority for the foreseeable future. These are the most common areas of issues in the work place and are sited in hundreds of thousands of employee complaints every year. The new plan calls for strong focus on the following: Improved hiring and promotion avenues for minorities Improved protection for vulnerable employees including immigrant and migrant workers Transparency of new and emerging discrimination problems in the workplace Improved enforcement of equal pay laws Preserving and improving access legal help for all Targeting outreach programs to preventing harassment and educate would be victims As the EEOC works to improve things system wide, United Employees Law Group works with individuals to protect employees’ rights. If you are having issues at work or have had with a previous employer we are here to help. Call TODAY for your free and private consultation. Photo Credit: Shutterstock/ ESB Professional
Discrimination in the Military: Standing up For What Matters.
-An estimated 20,000 members of the military are estimated to have suffered a sexual assault in the last year. Frighteningly only 86% of these will go UNREPORTED, that means those perpetrators are not held accountable and are free to do it again. -These sexual assaults are actually the greatest cause of PTSD or Post-Traumatic Stress Disorder. Not combat trauma but Military sexual trauma (MST) leads the list. -The PTSD that far too many military men and women return to civilian life with costs them too much. Discrimination in the workplace and loss of relationships only worsen the problem. -Even with the overturning of the “Don’t ask, don’t tell” policy there is still a rampant discrimination issue and most gay and lesbian members of the armed forces still choose to remain anonymous for fear of back lash. Transgender persons are still barred from the military. -1993 to 2011 saw more than 14,000 personnel wrongfully discharged due to supposed violations of “don’t ask, don’t tell.” Each of these members of the military was paid off in the amount of $50,000. -While it comes as no surprise that white officers reported the lowest percentage of discrimination, at the enlisted level the numbers are almost dead even. Of the Enlisted men and women discrimination rates reported last year were as follows 19% for Hispanics, 22% for Caucasians and 24% black members reported discrimination in the ranks. -It was not until 1948 that troops became officially mixed in race regardless of the fact that black Americans have been serving in the military for three centuries. If you have served or are serving the military and experience discrimination you must take a stand. United Employees Law Group helps employees get the justice and compensation they deserve, call for your free and completely confidential case review. Photo Credit: Shutterstock/Steven Bognar
The Ralph Act: New Ammunition Against Harassment at Work
While most cases of harassment in the workplace would be tried under statutes of protection found in the FEHA, or Fair Employment and Housing Act, a recent case was awarded by jury and upheld in appeals using the “Ralph Act” specific to hate related crimes. The case of Sylvia Ventura vs. her employer, ABM Industries, created new precedence and avenues for compensation in cases of sexual harassment where threat of actual physical harm can be proved. There are two significant differences in this case that make it important. First, by using the Ralph Act to try this case rather than the FEHA, the plaintiff is not required to exhaust all administrative avenues in remedying the situation. In other words, if you are harassed at work in the normal sense of sexual advances or jokes, etc., the company must prove that they made all attempts to rectify the problem in house either through discipline of the defendant or other means. They must do this before the case can go before the court. The second difference, and this is very important, is that in order to be deemed a hate related crime based on sex, the harassment must prove to have been violent or threatened bodily harm to you or others. In the Case of Ventura, she was able to provide proof through threatening voicemails and bite marks, which when she took this proof to her employer they failed to do anything in response. Because there was proven violent intent, Ms. Ventura was able to take the matter to court without waiting on her employer to “do the right thing.” Are you being harassed at work, has it crossed the line of annoyance to actual fear? You have more protection than ever, but you must speak out and put a stop to it. You have a limited time to file a claim against the offending person and employer. You need knowledgeable legal counsel who can pursue your case in the best way possible. Call United Employees Law Group today. We will go over your case details and let you know right away if we can help you. Don’t wait any longer; it’s time to take action. Photo Credit: Shutterstock/ Africa Studio
What you may NOT know can hurt you!
Five Key Things That Employees Should Know about Sexual Harassment in California One of the common questions that are asked when it comes to California Sexual Harassment is usually, who can sue. The answer to that is that any employee who works for any employer can sue for sexual harassment. What many employees do not know is that sexual harassment can be done by members of the same sex as well as the opposite sex. There are sexual harassment laws in California that will protect victims of sexual harassment whether it is conducted by same or opposite sex. If you fell like you have been sexually harassed, it is important that you immediately contact a California Labor Law Attorney. Another common question is the popular myth, “ there must be touching for it to be considered sexual harassment”. This is one of the biggest lies out there. Sexual harassment in California is actually a variety of inappropriate behaviors that are not limited to just touching, such as offensive materials, jokes, posters, unwanted sexual comments, leering or other visual harassment and stating that you will have either a promotion or a job in exchange for sexual favors. Another myth is that sexual harassment can only happen in the work place. The truth is that sexual harassment can happen in a large area of professional, service, or business relationships. Every employee needs to learn and familiarize the California Civil Code Procedure 51.9 to know what relationships are covered. The fourth myth is that the employee must be the victim of the sexual harassment directly in order to file a claim in California. This is false. If there is sexual harassment happening in the work place of the employee, even if the harassment isn’t towards the employee, but it has happened in front of an employee. The important thing to know is that the harassment has to be severe and must interfere with the employees work. The “ severe” standard is usually upheld if the form of harassment is sexual touching. The last misconception is that any employee who files a sexual harassment claim cannot win the case unless they have hard evidence or witnesses. This is very untrue. Although evidence and witnesses will help the case, the “ he said, she said” cases have been won when the court feels that the plaintiff (victim) is more credible than the defendant ( employer). If you feel as if you have been or are a victim of any type of sexual harassment, do not hesitate to contact United Employees Law Group as soon as possible. The statue of limitations is a strict area in labor laws, so please talk to a labor lawyer immediately or at the earliest point in time so that you case can be assessed. Photo Credit: Shutterstock/Idutko
Sexual Harassment is STILL a BIG Problem
SEXUAL HARASSMENT Sexual harassment is one of the most brutal forms of violation of the employee’s rights and their freedoms of work. The employers take advantage of their superior position and exploit the employees who are working under them. But California Law is very strict regarding cases of sexual harassment. The employer is very strictly held liable for sexual harassment of the employee and the law does not provide him with any special defence to protect himself. A victim of sexual harassment at the workplace can recover compensation and wages for her economic losses, emotional stress caused to her, attorney fees and punitive damages from the employer. Sexual harassment by creating a hostile work environment is very common and in it, an employee finds it difficult to work comfortably. The conduct of the employer is so severe and exploiting that it creates a hostile work environment for the employee. Even the subordinate staff like the co-workers can reflect a behaviour which makes the work environment hostile for the female employee. The female employees are harassed by the fellow employees by passing comments, taunts, ridiculing, intimidating them etc. But the female employees should know that they have the right to a safe and comfortable work environment and should be active about complaining of such persons who harass them. A single act of harassment can be a sufficient ground to file a lawsuit against such person who does the harassing act. Whether the harassment is subtle or severe, you should complain and raise your voice against such employers or co-workers. Even your fellow female employees can bring a case of sexual harassment if they see you getting harassed and want to help you. The California Supreme Court has also held that termination and demotion by the employer can also contribute to hostile work environment. Even if the harassment is done by the co-worker, the employer will be under strict liability to avoid such instances in his organisation. California provides strong rules to combat sexual harassment of female employees and they should not be afraid to file the case and fight back. United Employees Law group provides expert advice to the female employees on matters of sexual harassment at the workplace and advises them how to deal with such issues. We offer free and confidential consultation. Sexual harassment is a serious crime which should be fought with confidence and experience. Photo Credit: Shutterstock/Dmytro Zinkevych
5 Rules All Employees MUST KNOW About Sexual Harassment
In California every employee is promised a protected environment to work whether it comes to labor laws or ethical protection such as from the sexual harassment. When it comes to sexual harassment many employees are unaware of their rights and we can divide those into five questions or basic points that are asked in regard to this very frequently. Who can sue? When it comes to suing the harasser the main thing to keep in mind is that if you are working at some place and there is someone who is harassing you sexually and making it uncomfortable for you to work there, you can sue that person. The other is, that a harasser may be of the opposite sex or of the same sex as the plaintiff. Can employee only sue if there is touching? NO, physical touch is NOT a requisite for a harassment suit. Sometimes, sexual harassing is done by an employer him/herself such that they require sexual favors form the employee in return of some opportunities such as promotion etc. There are many inappropriate behaviors that are counted in as sexual harassment which require no touch, such as: sexual comments, visual harassment, putting up of offensive posters, repeating inappropriate sexual jokes etc. What relationships are covered in sexual harassment policy? Sexual harassment victims are not only found in the workplace there are many relations such as business relations and service relationships etc. can also give you insight to the places where people are sexually harassed. For the complete details on the relationship of the harasser and victim see California Civil Code of Procedure 51.9. Is it necessary that the employee is a direct victim? Some people think that if, and only if you yourself have been targeted then it is allowed for you to sue the harasser, but that is not the case. Sometimes people harass others around you that consequently affect your performance adversely then you are also permitted to submit a case of sexual harassment as you are also mentally targeted and a victim of that harassment as in Hostile Environment. Is the employees’ case “weak” if there is no witness? Many victims of sexual harassment stay quiet because they fear that there is no witness to back up their claim and therefore would be fruitless. This is not the case, if the petitioner being the victim is more credible than the defendant in every aspect then he/ she could win even without any witness. If you or someone you know is being harassed at work you need the right lawyer right away, there are time limits for filing a complaint and you are likely not the only victim. Call Us TODAY at United Employees Law Group 1(415) 230-2755 Photo Credit: Shutterstock/ create jobs 51
What Labor Laws is your boss violating?
Top 5 Most Common California Labor Law Violations People call in everyday with various employment issues or concerns but what is interesting to me is that the majority of the time they have one of these 5 issues and they didn’t even know it. I have had clients tell me that they just assumed that they were being paid and treated properly because the company that they work for is so big and well known: ”They must know what they are doing, right?!” The truth is that labor violations occur in any size business and that it’s the employee who needs to arm themselves with knowledge of their rights, or at least contact a California labor law attorney with any questions or concerns. 1. Misclassified as an Exempt Employee (salary) ….when in fact they should be Non-Exempt (hourly). Companies are not allowed to arbitrarily classify their employees as exempt from overtime.California labor laws have set strict guidelines regarding who will be considered exempt. The most important thing to remember is that your exemption status is based on your actual job duties, not on your job title or on the job description given to you by the company. 2. Working Off the Clock Non-Exempt employees are often pressured to work while they are not clocked in. This could mean coming in early to work to prepare for the day or clocking out and remaining to finish work at the end of the day. Oftentimes employers will not come right out and tell their employees that they must work off the clock, but the employer might pressure the employees by threatening with write-ups or termination if all of the work is not completed before the end of the day, and in the same breath make it known that overtime is not allowed. Other times it’s more systematic, for example: an employee must spend 10 minutes in the morning booting up the computer system and log on to their computer before they are granted access to use the time keeping system. Or, route drivers often have to load their trucks but their time clock doesn’t start until their first stop. 3. Misclassifying Employees as Independent Contractors Oftentimes employers will classify employees as independent contractors in order to avoid paying overtime, additional taxes and insurance. Again, California labor law has set guidelines regarding who can be classified as an Independent contractor. In order to be an independent contractor you should be responsible for the following: • Make your own schedule • Use your own equipment, vehicle, tools, etc. • Not have to wear a uniform for the other company • Not have a supervisor or manager directing you on a regular basis 4. Not Providing Suitable Seating for Employees Private Attorneys General Act (“PAGA”) states “nature of the work reasonably permits the use of seats.” Recently large companies like Home Depot, Whole Foods, Costco and Nordstrom have all been in the courts for this violation, typically for not providing seating to cashiers or other positions where the employee is somewhat stationary. 5. Failing to pay Reporting Pay Reporting pay is owed when an employer has an employee come to work but then decides that person is not needed for the day and sends them home or works less them half of the shift they were scheduled to work. At this point an employer is required by California labor law to pay this employee for half of the usual or scheduled day’s work. This amount should be no less than two hours or more than four hours at the employee’s regular rate. The exception is that if employee was unable to work due to acts of God, threats to employee or property, etc. Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge. Photo Credit: Shutterstock/Vlad Teodor
Pizza and Sexual Harassment
A Domino’s employee, Patterson, filed a sexual harassment case against her supervisor and Sui Juris, owner of the franchise location she worked at, as well as the franchisor, Domino’s Pizza. Usually only the “employer” can be sued for claims of sexual harassment under the Fair Employment and Housing Act, (FEHA). Patterson’s case makes the claim that Domino’s Pizza is equally as responsible as Sui Juris due to the degree of control and direction Domino’s gives Sui Juris on how the business, while his own, must be run. Trial court did not agree with the claim that Domino’s was equally at fault, but the appellate court disagreed with that decision. The appellate court thought that the matter held enough merit that it should at least be tried. Interestingly enough, the court did not apply “single employer” or “joint employer” standards that normally apply to these analyses; nor did the court apply the FEHA. Instead, the court used an independent contractors type analysis applying to torts generally: Whether a franchisor is vicariously liable for injuries to a franchisee’s employee depends on the nature of the franchise relationship. . . . .”The general rule is where a franchise agreement gives the franchisor the right to complete or substantial control over the franchisee, an agency relationship exists.” . . . “‘[I]t is the right to control the means and manner in which the result is achieved that is significant in determining whether a principal-agency relationship exists.’” (Ibid.) Consequently, a franchisee may be found to be an agent of the franchisor even where the franchise agreement states it is an independent contractor. …. If the franchisor has substantial control over the local operations of the franchisee, it may potentially face liability for the actions of the franchisee’s employees. “[T]he franchisor’s interest in the reputation of its entire system allows it to exercise certain controls over the enterprise without running the risk of transforming its independent contractor franchisee into an agent.” … Consequently, it may control its trademarks, products, and the quality of its services. But the franchisor may be subject to vicarious liability where it assumes substantial control over the franchisee’s local operation, its management-employee relations, or employee discipline. After using this type of analysis the court believed that a trial was necessary in order to determine if Domino’s has sufficient control over the franchisee Sui Juris and can therefore be held liable for the sexual harassment claims. Of course Domino’s argument was that they had no prior knowledge of the sexual harassment claim at the franchise location. But the court did not find that this was sufficient and ruled that a franchisor can be held liable for the franchisee’s supervisor. This decision has widened the liability in harassment suits and is likely to follow in discrimination as well. The key element is the degree of control the franchisor has over the franchisee. Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
Sexual Harassment Law in California
There is a very important question that people do not think to ask but they should: what constitutes harassment? Harassment can be anything that has to do with making an individual feel uncomfortable. Once the individual has expressed their discomfort and request a change, if that request is ignored or causes the situation to get worse that is harassment. There are several different types that you have to be aware of. However we will majorly look at sexual harassment in California. California state laws and Federal offer powerful protections against workplace sexual harassment and what would appear to be perfectly legal, when co-workers date, can give rise to liability under certain circumstances – and a situation where a sexual harassment lawyer may become necessary: 1. When that relationship is based on anything other than mutual consent. 2. Where the relationship spills over into the workplace creates a hostile work environment with inappropriate touching, sexual banter and sexually charged verbal comments. 3. When the relationship sours and there is retaliation. When a subordinate, for example, decides to end a relationship with his or her superior, a hostile environment may result from the disappointed individual. It becomes sexual harassment when retaliation occurs and the employer ratifies the retaliation by firing or harassing the victim. 4. When the relationship is a quid pro quo. This is a Latin term (translation: “this for that”) that can mean getting hired, or receiving a raise, a promotion or preferred assignments that are contingent on sexual favors or maintaining a relationship. 5. When a romantic advance is refused. If someone has refused the advances of a superior, then observes a co-worker who accepted similar advances from the same person who then receives a promotion or other benefits, it may be the basis of a sexual harassment claim. The law requires the employee to show substantial evidence of retaliatory intent following a termination. In all instances where the services of a sexual harassment attorney may be warranted, it is beneficial to keep a diary of events and to report complaints with human resources departments when something occurs which feels wrong and appears to constitute inappropriate sexual conduct in the workplace. Hire an experienced sexual harassment attorney Your wages may be lost and your career damaged if you are subject to a hostile work environment relating to inter-company romantic relationships. With skilled and experienced http://www.california-labor-law-attorney.com/. legal counsel, those damages can be mitigated with recovery of lost wages and damages due to emotional distress. Photo Credit: Shutterstock/Ditty_about_summer